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Jul 22 2003

Chief of the Army Staff and ors. Vs. Daya Shanker Tiwari

Court : Allahabad

Decided on : Jul-22-2003

Subject : CivilConstitution

Acts : Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908 - Sections 79 and 80 - Order 1, Rule 9 - Order 27, Rule 1

Reported in : 2003(4)AWC2824

the State if relief is sought against the State. The Hon'ble Apex Court had drawn the analogy from Section 79 of the Code of Civil Procedure, 1908, which directs that the State shall be the authority to be … AIR 1987 SC 1970, the Hon'ble Supreme Court examined the scope of Order I, Rule 10 of the Code of Civil Procedure, 1908 and explained the necessity of impleadment of a necessary party, observing that necessary party must be impleaded in

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Mar 25 1965

Kerala State Represented by Chief Secretary to Government, Trivandrum ...

Court : Kerala

Decided on : Mar-25-1965

Subject : Civil

Acts : Railways Act, 1890 - Sections 3(6) and 80; Code of Civil Procedure (CPC) , 1908 - Sections 79; Constitution of India - Article 131

Reported in : AIR1965Ker277

costs. Civil - proper party - Sections 3 (6) and 80 of Railways Act, 1890, Section 79 of Code of Civil Procedure, 1908 and Article 131 of Constitution of India - competence of suit - suit by or against Government under

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Sep 18 1975

Union Bank of India Vs. P. Krishnaiah and anr.

Court : Andhra Pradesh

Decided on : Sep-18-1975

Subject : Company

Acts : Negotiable Instruments Act, 1881 - Sections 79; Code of Civil Procedure (CPC), 1908 - Sections 34(1)

Reported in : [1991]70CompCas646(AP)

of section 79. He further contends that section 79 of the Act prevails over section 34 of the Code of Civil Procedure, 1908 (for short, 'the Code'). The first question, therefore, is whether section 79 of the Act prevails over section

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Jul 12 2006

Morinda Cooperative Sugar Mills Ltd. Vs. Morinda Coop. Sugar Mills Wor ...

Court : Supreme Court of India

Decided on : Jul-12-2006

Subject : Trusts and SocietiesLabour and Industrial

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; ;Punjab Co-operative Societies Act, 1961 - Sections 55, 55(1) 61, 79 and 91(1); Punjab Co-operative Societies Rules

Reported in : 2006(4)AWC3248(SC); 2006(6)BomCR69; [2006(110)FLR1010]; JT2006(6)SC374; (2006)IIILLJ559SC; (2006)144PLR385; 2006(7)SCALE57; (2006)6SCC80; 2007(1)SLJ230(SC)

the Punjab and Haryana High Court dismissing the appeal filed by the appellant under Section 100 of the Code of Civil Procedure, 1908 (in short the 'Code'). The defendant Morinda Co-operation Society Workers' Union (hereinafter referred to as the 'Union') as … was being paid to the members of the Union. Defendant took the stand that since small notice under Section 79 of the Punjab Co-operative Societies Act, 1961 (in short the 'Act') is required, the suit was not maintainable.

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Nov 03 2000

B.S. Yadiyurappa Vs. Mahalingappa and Others

Court : Karnataka

Decided on : Nov-03-2000

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 79, 80, 81, 82, 86(4), 87, 90, 98, 99, 100, 101, 110, 112, 116 and 117; Code of Civil Procedure (CPC), 1908 - Order 1, Rules 9 and 10; Code of Civil Procedure (CPC), 1907; Constitution of India - Articles 327 and 328; Evidence Act, 1872

Reported in : AIR2001Kant61; ILR2000KAR4449; 2001(2)KarLJ577

tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908. It is submitted that the application of the provisions of the Code of Civil Procedure is subject to … try an election petition shall be the High Court. 'High Court' has been defined in clause (e) of Section 79 of the Act to mean a High Court within the local limits of whose jurisdiction the election to

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Jan 20 1956

Sri Sadasib Prakash Brahmachari Vs. the State of Orissa

Court : Supreme Court of India

Decided on : Jan-20-1956

Subject : Trusts and SocietiesConstitution

Acts : Constitution of India - Article 19(1); Orissa Hindu Religious Endowments Act, 1951 - Sections 42(1), 42(7), 44(2) and 79(A); Code of Civil Procedure (CPC), 1908 - Order I, Rule 8

Reported in : AIR1956SC432; 22(1956)CLT235(SC); [1956]1SCR43

enquiry in the manner prescribed and so far as may be, in accordance with the provisions of the Code of Civil Procedure, 1908, relating to the trial of suits and if he is satisfied that in the interests of the proper … the High Court of Orissa. The High Court upheld the validity of the Act and of the various sections thereof by its judgment dated the 13th September, 1949, which is reported in Mahant Sri Gadadhar Ramanuj Das … litigation. 3. The main attack is in respect of sections 42 and 79-A of the present Act relating to the schemes for religious institutions of

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Dec 08 2006

Sathi Vijay Kumar Vs. Tota Singh and ors.

Court : Supreme Court of India

Decided on : Dec-08-2006

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 5B, 5B(1), 29A, 30, 31, 33, 33A, 33(1), 36, 36(8), 37, 38, 79, 80, 80A, 81, 82, 83, 86(1), 87, 117, 123, 123(7), 123(8) and 135A; Conduct of the Election Rules, 1961 - Rules 5, 8, 10, 10(1) and 54A; Code of Civil Procedure (CPC) , 1908 - Sections 100, 123, 123(7) and 123(8) - Order 6, Rule 16 - Order 7, Rule 11; Representation of the People (Amendment) Act, 1996 - Sections 33 and 33(1); Election Symbols (Reservation and Allotment) Order, 1968; Presidential and Vice-Presidential Election Act, 1952; Constitution of India - Article 324

Reported in : 2006(14)SCALE199; 2007AIRSCW304; 2007AIRSCW304; (2006)13SCC353

have been made which were not in consonance with the provisions of Order VI, Rule 16 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code'). The Court minutely considered the pleadings keeping in view the relevant decisions … Returning Officer to prepare and publish a list of contesting candidates. Part VI relates to 'Disputes regarding elections'. Section 79 defines certain expressions, including 'candidate' to mean 'a person who has been or claims to have been duly

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Apr 06 2005

Kailash Vs. Nanhku and ors.

Court : Supreme Court of India

Decided on : Apr-06-2005

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 79, 80, 81, 82, 86, 86(6), 86(7), 87, 87(1), 90(3), 117, 169, ; Code of Civil Procedure (CPC) , 1908 - Sections 4(1), 129 - Order1, Rule 10 - Order 6, Rule 17 - Order 8, Rules 1, 9 and 10; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Evidence Act, 1872; Constitution of India - Article 225; Court Rules - Rules 5 and 12; Punjab Municipal Corporation Act, 1976 - Sections 384; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Consumer Protection Act, 1986 - Sections 13

Reported in : AIR2005SC2441; 2005(3)ALD102(SC); 2005(5)ALLMR(SC)689; 2005(1)ARC861; 2005(2)AWC1490(SC); 2005(2)BLJR1422; 2005(3)BomCR906; 2005(3)CTC355; JT2005(4)SC204; 2005(2)KLT623(SC); (2005) 4 SCC 480

summons, the period of limitation as provided by the Proviso to Rule 1 of Order VIII of the Code of Civil Procedure, 1908 (hereinafter 'the CPC, for short), as introduced by Act 22 of 2002 with effect from 1.7.2002. Feeling aggrieved … The provisions contained therein are elaborate and detailed. This Part is divided into five Chapters. Chapter I incorporates Section 79 which is an interpretation clause giving definitions of certain words and expressions which are relevant for the purpose

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Jan 08 2001

Gurjant Singh Vs. Krishan Chander and Others

Court : Rajasthan

Decided on : Jan-08-2001

Subject : Election

Acts : Code of Civil Procedure (CPC), 1908 - Sections 2(17), 24(1), 52 and 53 - Order 6, Rules 2, 15 and 16 - Order 7, Rule 11; Evidence Act, 1872 - Sections 17, 21, 76, 77 and 79; Representation of People Act, 1951 - Sections 64, 81(3), 83(1) and 86(1); Indian Penal Code (IPC), 1860 - Sections 199; Indian Contract Act, 1872 - Sections 40 and 47; Administrative Tribunals Act, 1985 - Sections 29; Specific Relief Act, 1963 - Sections 22; Income Tax Act, 1961 - Sections 297; Conduct of Election Rules, 1961

Reported in : 2001(2)WLN648

that me petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (for short, 'the Code.')- Sub-section (2) thereof provides that any Schedule or Annexure-to the petition shall also be … IV are admissible:-The provisions of Section 74 onwards of the Evidence Act deal with admissibility of public documents. Section 79 provides for presumption of genuineness of the documents filed as certified copies thereof. In the instant case, Annexures

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Dec 24 2008

Union of India (Uoi), Rep. by Divisional Railway Manager (Commercial) ...

Court : Andhra Pradesh

Decided on : Dec-24-2008

Subject : Labour and Industrial

Acts : Payment of Wages Act, 1936 - Sections 1(6), 2, 3, 4, 5, 6, 7 to 13, 15, 15(1), 15(2) and 15(3); Payment of Wages (Amendment) Act, 1999; Minimum Wages Act, 1948 - Sections 2, 15 and 22F(1); Railways Act, 1989 - Sections 2(20) and 2(32); Limitation Act, 1963 - Sections 5; Andhra Pradesh Minimum Wages Rules, 1960 - Rule 28; Payment of Wages (Procedure) Rules, 1937 - Rule 8, 8(2) and 8(3); Constitution of India - Articles 226, 300 and 300(1); Code of Civil Procedure (CPC) , 1908 - Sections 11, 79 and 80

Reported in : 2008(5)ALT260

party stems from the provisions of Article 300 of the Constitution of India and Section 79 of the Code of Civil Procedure, 1908 (for short, 'CPC'). Article 300(1) contemplates that the Government of India may sue or be sued by the

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