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Kenya Airways, a Company Registered Under Law Regulating Companies in ...

Court : Mumbai

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9, 86 and 87; Sovereign Acts; Commercial Acts; Code of Civil Procedure (CPC), 1859; Code of Civil Procedure (CPC), 1877 - Sections 433; Code of Civil Procedure (CPC) (Amendment) Act, 1951; Indian Companies Act, 1956 - Sections 617; Constitution of India - Articles 12, 14, 19 and 285; Indian Companies Act, 1978 - Sections 14(2); West Bengal Public (Eviction of Unauthorised Occupants) Act, 1971

Reported in : AIR1998Bom287; 1998(3)ALLMR282; 1998(3)BomCR562; [1999]96CompCas140(Bom); 1998(2)MhLj668

it is a foreign State within the meaning of the expression as used in section 86 of the Code of Civil Procedure, 1908; that it could not be sued except with the consent of the Central Government certified in writing by

B.S. Yadiyurappa Vs. Mahalingappa and Others

Court : Karnataka

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 … and 5 on one hand and on the other hand, for the dismissal of the election petition under Section 86(1) of the Representation of the People Act. According to the respondent/applicant, the petition was liable to be dismissed

Mr. Umesha G.B. vs Mr. H.a. Iqbal Hussain

Court : Karnataka

respondent (hereinafter referred toas ‘returned candidate’) has filed I.A.no.2/2023 under Order VII Rule 11 (a) to (d) of Code of Civil Procedure, 1908 (‘CPC’ for -3- short) for rejection of petition as devoid of cause of action, failure to comply with … particulars being the further information to complete the picture. This distinction is brought out by the provisions of Section 86 although the penalty of dismissal is taken away. Subsection (5) of that section provides:“(5) The High Court may,

Mr. Govindaraju vs Mr. H .a Iqbal Hussain

Court : Karnataka

respondent (hereinafter referred toas ‘returned candidate’) has filed I.A.no.2/2023 under Order VII Rule 11 (a) to (d) of Code of Civil Procedure, 1908 (‘CPC’ for -3- short) for rejection of petition as devoid of cause of action, failure to comply with … particulars being the further information to complete the picture. This distinction is brought out by the provisions of Section 86 although the penalty of dismissal is taken away. Subsection (5) of that section provides:“(5) The High Court may,

Deepak Wadhwa Vs. Aeroflot

Court : Delhi

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 86

Reported in : 24(1983)DLT1

time about sovereign immunity apply in India in face of the provisions contained in Section 86 of the Code of Civil Procedure, 1908. (2) Mr. Deepak Wadhwa, plaintiff/decree-holder obtained from this Court on May 28, 1981 an ex-parte decree for the

Kuldeep Pednekar Vs. Ajit Pandurang Gogate and ors.

Court : Mumbai

Subject : Election

Acts : Representation of the People Act, 1950 - Sections 32, 33, 81, 81(1), 81(3), 82, 83, 83(1), 86, 86(1), 86(5), 100, 100(1), 117, 123, 123(1), 123(2), 123(4), 123(7), 123(8), 125, 125A, 127A, 130, 135, 135A and 136(2); Government of Union Territories Act, 1963; Representation of People Act, 1951 - Sections 5, 8 and 8(1); Election Rules, 1961; Representation of the People Rules; Representation of the People Orders; Constitution of India - Articles 19(1), 173 and 324; Code of Civil Procedure (CPC) , 1908 - Sections 86(1) - Order 6, Rule 16 - Order 7, Rule 11; Indian Penal Code (IPC) - Sections 143, 147, 323, 153A, 171E, 171F, 376(1), 376(2), 376A, 376B, 376C, 376D, 427, 498A, 504, 505(2), 505(3) and 506

Reported in : 2006(3)ALLMR606; 2006(4)BomCR392

of powers under Section 86(1) of the Act read with provisions of Order VII, Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code). That is so because Section 81 refers to 'an election petition'. Section

Lagadapati Venkaiah Vs. Principal Junior Civil Judge-cum-election Trib ...

Court : Andhra Pradesh

Subject : CivilElection

Acts : Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1956 - Rule 5; Representation of People Act - Sections 86; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 15

Reported in : 2003(4)ALD546; 2003(5)ALT551

as the petitioner failed to verify the petition as prescribed for the verification of the pleadings in the Code of Civil Procedure, 1908. It is further stated that the first respondent gave the finding that there is no proper verification of … Election Tribunal the respondents herein filed IA.No. 999 of 2001 under Rule 5(ii) of the Rules read with Section 86 of the Representation of Peoples Act (for short 'RP Act'), with a relief to dismiss the election petition

D.T. Sridhar, Shivamogga District Vs. B.K. Sangameshwar, Shivamogga Di ...

Court : Karnataka

Subject : Election

Sec.87 of the Representation of People’s Act, for short the ‘Act’, read with Order VI Rule 16 of Code of Civil Procedure, 1908, for short ‘CPC’, to strike out the pleadings in the Election Petition as unnecessary, frivolous and vexatious, while … to have committed such corrupt practice and the date and place of the commission of each such practice. Section 86 confers power on the High Court to dismiss an election petition which does not comply with the provisions

Prithviraj Sayajirao Deshmukh and anr. Vs. Patangrao Shripatrao Kadam ...

Court : Mumbai

Subject : Election

Acts : Representation of People Act, 1951, Sections 81, 83, 86 and 123(1), (2), (4); Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 16 - Order 7, Rule 11

Reported in : 2002(3)ALLMR343; 2002(5)BomCR539

provides that it shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings. The proviso requires that where the petitioner alleges any corrupt practice, the election … an election petition within the meaning of section 81 of the Act and therefore under the provisions of section 86 the petition is liable to be dismissed. In support of this proposition the learned Counsel appearing for the

indrajitsinghji Vijaysinghji Vs. Rajendrasinghji Vijaysinghji

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 26, 85, 86, 86(1), 86(3), 87-B and 141; Bombay High Court Rules - Rules 665, 689, 690 and 692; Succession Act, 1925 - Sections 235, 268 and 295; Indian Companies Act - Sections 184, 186 and 187; Government of India Act - Sections 176

Reported in : AIR1956Bom45; (1955)57BOMLR962; ILR1955Bom912

as thereinafter otherwise provide ed, be regulated, so far as the circumstances of the case permit, by the Code of Civil Procedure, 1908. And Section 295 provides that:'In any ease before the District Judge in which there is contention, the proceedings … The learned Judge upheld that contention and dismissed the suit and the petitioner has come in appeal.2. Now, Section 86 gave certain immunity to Rulers of a Foreign State and that immunity was that he could not be