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Smt. Ujawala Athare (Patil) Vs. Dr. (Mrs.) Asha Ravindra Paranjape

Court : Mumbai

Subject : TenancyCivil

Acts : Code of Civil Procedure (CPC) - Order 8, Rules 1, 1A, 8A, 9, 10 and 11 - Order 5 - Order 7; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 1(2), 15, 18, 32, 32L, 32(2) and 32(2)L; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 6, Rules 1, 2, 6, 7, 9, 9A, 19A, 21, 24 and 25; Code of Civil Procedure (CPC) ; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Rule 1 and 1(1) - Order 8

Reported in : 2004(3)ALLMR856; 2004(6)BomCR434; 2004(2)MhLj1126

issued by the Central Government bringing into force the provisions of the Amending Act. Subsequently, Parliament enacted the Code of Civil Procedure (Amendment) Act 2002. The Statement of Objects and Reasons of the Amending Act of 2002 took note of the fact that … may be of 90 days from the service of the summons has already expired prior to 1st July, 2002. Section 15(b)(ii) of the Amending Act of 2002 has been designedly introduced by the legislature. That provision as already

Sukhdeo Rai Vs. Ashok Kr. Rai and ors.

Court : Guwahati

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 8, Rule 1; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 15

learned Counsel for the petitioner, has argued that the provisions of Sections 6, 9 and 15 of the Code of Civil Procedure (Amendment) Act, 2002, make it abundantly clear that the amended provisions of Orders V and VIII of the Code of Civil … of the defendant/ petitioner, Mrs. M. Kumari, learned counsel for the respondent No. 1, has contended that under Section 15 of the CPC (Amendment) Act, 2002, the provisions of Orders V and VIII, as amended, will not apply

Ramendranath Banerjee Vs. Pradip Kumar Sen

Court : Kolkata

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Section 7 - Order 6, Rules 5, 15, 17 and 18; ;Constitution of India - Article 227; ;Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Section 16 and 16(2)

Reported in : (2004)1CALLT151(HC)

Civil Procedure, 1908 were omitted. However, before the said provisions could come into force, the legislature passed the Code of Civil Procedure (Amendment) Act, 2002. Under Section 7 of the said Act of 2002 in the first schedule of the Code of Civil … at Alipore and was renumbered as Title Suit No. 105 of 2001.3. By judgment and decree dated March 15, 2002 the learned trial judge decreed the suit on contest without, however, any order as to costs. The

Akula Rajaiah and ors. Vs. Kannamalla Krupamma and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 5, 15, 17 and 18; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 7 and 16

Reported in : 2005(2)ALD41; 2005(2)ALT457

CPC (Amendment) Act, 2002, provisions of Rules 5, 15, 17 and 18 of Order VI of Schedule … amendment is not maintainable by virtue of Rule 17 of Order VI CPC, as amended by the CPC (Amendment) Act, 2002. Placing strong reliance on … amendment is not maintainable by virtue of Rule 17 of Order VI CPC, as amended by the CPC (Amendment) Act, 2002. Placing strong reliance on Pankaja v. Yellappa, : AIR2004SC4102 , he contends that delayed prayers for amendment can … below was in error in dismissing the petition without keeping in view of the fact that rules of procedure are but handmaids of justice, and contends that the Court below was in error in assuming that the … order under revision is unassailable.3. Since this is not a revision under Section 115 CPC, but is a petition under Article 227 of the Constitution

Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. Vs. Jagruti Industr ...

Court : Mumbai

Subject : Civil

Acts : Partnership Act, 1932 - Sections 69; Bombay Public Trusts Act - Sections 51; Bombay Rents Hotel and Lodging House Rates Control Act, 1947 - Sections 28; Code of Civil Procedure (CPC) , 1908 - Sections 9, 9A, 9A(2) and 20 - Order 7, Rules 7 and 11 - Order 14, Rules 1, 1(5), 2, 2(1), 2(2) and 5 - Order 15, Rule 3 - Order 41, Rules 23, 24 and 25; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 32; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Limitation Act - Schedule - Article 113; Transfer of Property Act; Maharashtra Co-operative Societies Act - Sections 91; Maharashtra Code of Civil Procedure (CPC) (Amendment) Act, 1970; Maharashtra Code of Civil Procedure (CPC) (Amendment) Act, 1976; Maharashtra

Reported in : 2008(5)BomCR284; 2008(4)MhLj471

Civil Procedure (Amendment Act, 1999) i.e. Central Act No. 46 of 1999 and/or by Section 16 of the Code of Civil Procedure (Amendment) Act, 2002 i.e. Central Act No. 22 of 2002?The Division Bench held that there was no conflict between the orders … decide this suit considering the provisions under Section 91 of the Co-operative Societies Act.4.1 Thereafter the defendant on 15th June, 2001 filed an application requesting the Court to recast the issues and frame an issue with regard

Mohammed Yousuf Vs. Lakshmi and ors.

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 8, Rule 1A(3); Code of Civil Procedure (CPC) (Amendment) Act, 1999; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 15

Reported in : 2003(3)KarLJ554

production of the documents as they were not produced along with the written statement. Section 15(1) of the Code of Civil Procedure (Amendment) Act, 2002 (Act 22 of 2002) reads as follows.-'The provisions of Rules 1, 1-A, 8-A, 9 and 10 of Order

Shri Rahul Sharad Awasthi Vs. Shri Ratnakar Trimbak Pandit and ors.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 1(2), 3, 4, 4(1), 4(2), 5, 16, 16(2), 100A and 102; Code of Civil Procedure (CPC) Amendment Act, 1978 - Sections 97; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 7, 10, 13, 16 and 32; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 97; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 5, 15, 17 and 18 - Order 20, Rule 1; General Clauses Act, 1897 - Sections 6; Sphere of Benami Transactions (Prohibition) Act, 1988; Companies Act, 1956 - Sections 10F

Reported in : 2004(3)ALLMR896; 2004(5)BomCR50; 2004(4)CTC241; 2004(3)MhLj706

Chandreshwar Bhuthanath the Division Bench of this court (Goa Bench) held that Section 100A as substituted by the Code of Civil Procedure (Amendment) Act, 2002 shall have retrospective effect and summarised its reasoning thus:'46. We are summarising our reasonings as follows for our … R.M. Lodha, J. 1. The Division Bench presided over by Hon'ble the Chief Justice by order dated January 15, 2004 passed in the present Letters Patent Appeal observed that the decision of the Division Bench of this

Rajabhau Mahadeorao Rahate Vs. Dinkar Shantaram Ingole

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115

Reported in : 2002(4)ALLMR281

Matched in: Citation 2002(4)ALLMR281

S. Ahamed Meeran, S/O. Sultan Mohideen and ors. Vs. S. Kumaraswamy, S/ ...

Court : Chennai

Subject : ContractProperty

Acts : Tamil Nadu Court Fees and Suits Valuation Act - Sections 25 and 27; ;Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16 and 16(2) - Order 6, Rules 1, 5, 15, 17 and 18; ;Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 7, 16 and 16(2)

Reported in : 2006(1)CTC55

concluded and the case has been posted for arguments, the Amendment Application cannot be allowed in view of Code of Civil Procedure (Amendment) Act, 2002. Drawing the attention of the Court to the filing of the Written Statement on 12.11.2002, learned Counsel for … include the prayer Declaration of the Plaintiff's Title. The Court Fee also was sought to be changed under Section 25(b) of the Tamil Nadu Court Fees and Suits Valuation Act (hereinafter referred to as 'the Act'). According … filed we may usefully refer to certain relevant dates:Plaint Filed on : 15.5.2002Written Statement filed on : 12.11.2002 Trial Commenced : 2.4.2004Plaintiff recalled as per

Rethinam Alias Anna Samuthiram Ammal and ors. Vs. Syed Abdul Rahim

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 7, 16 and 16(2) - Order 6, Rules 5, 15, 16, 17 and 18; Code of Civil Procedure (CPC) (Amendment) Act, 1993; ;Civil Procedure (Code) (Amendment) Act, 1999 - Sections 7 and 16; Constitution of India - Article 227

Reported in : (2005)3MLJ94

6, Rule 17, C.P.C., as it originally stood, permitted amendment of pleadings at any stage. However, under the Code of Civil Procedure (Amendment) Act, 2002, which came into force with effect from 1.7.2002, a proviso was added, to Order 6, Rule 17. The … Procedure (Amendment) Act, 2002. The aforesaid two amending Acts have come into force with effect from 1.7.2002. Under Section 16(iii) of the Code of Civil Procedure (Amendment) Act, 1999 in the First Schedule, it was provided that … Repeal and savings.-- (1) ...(2) ...(a) ...(b) the provisions of Rules 5, 15, 17 and 18 of Order 6 of the First Schedule as omitted