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Seth Hiralal Patni Vs. Sri Kali Nath

Court : Supreme Court of India

Subject : Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 47 and 151; Decrees and Orders Validating Act, 1936

Reported in : AIR1962SC199; [1962]2SCR747; MANU/SC/0041/1961

appeal. It is not, therefore, necessary to determine the other points in controversy, including the question whether The Decrees and Orders Validating Act, 1936 (Act V of 1936) had the effect of validating what otherwise may have been invalid. 5. The appeal … passed as aforesaid by the Bombay High Court. 3. The appellant, as judgment-debtor, put in an objection under Sections 47 and 151 of the Code of Civil Procedure, objecting to the execution of the decree on a … one Major A. U. John by an indenture of sale dated July 10, 1946. The respondent instituted a suit, being suit No. 3718 of 1947,

i.C.i.C.i. Ltd. Vs. Ceeta Industries Limited and ors.

Court : Mumbai

Subject : Banking

Acts : Recovery of debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19 and 31

Reported in : [2001]105CompCas426(Bom)

not.7. Learned counsel for the defendant brought to my notice an enactment of 1936, which is called The Decrees and Orders Validating Act, 1936, Learned counsel drew my attention to the particular Section 2 which reads as follows :'2. Certain decrees and … way of this motion the petitioners sought two reliefs, (i) the leave granted by this court under Clause 12 of the Letters Patent on June 22, 1999, be revoked ; (ii) the receiver appointed by this court

In Re: R. Subbarayan

Court : Chennai

Subject : Criminal

Reported in : AIR1943Mad602; (1943)2MLJ247

Ordinance No. XIX of 1943, because the Governor-General had not adopted the language to be found in the Decrees and Orders Validating Act, 1936 (Act V of 1937), but the fact that the section does not speak specifically of validation is, in … for the issue of a writ of certiorari for the quashing of the proceedings in Ordinance Case No. 1 of 1943 on the file of the Special Judge, Chingleput. The application involves the decision of the question

Gopi Das Mimani and Ors. Vs. Smt. Monika Daw and Ors.

Court : Kolkata

Subject : Land Acquisition

could not have amended its plaint pending before the Howrah Court in view of Section 2 of the Decrees and Orders Validating Act, 1936. It was precisely for that reason, the plaintiff on legal advice has diligently and in good faith prosecuted … plaint on the ground that the suit is barred by limitation. The plaintiff has filed a suit on 19th September, 2016 praying, inter alia, for the following reliefs: a) A decree for declaration that the decree dated

Fred Fisher Music Co. Vs. M. Witmark and Sons

Court : US Supreme Court

Subject : Intellectual Property

the Second Circuit under § 129 of the Judicial Code, 28 U.S.C. § 227, permitting appeals from interlocutory decrees, the order was affirmed. 125 F.2d 949. The Circuit Court of Appeals limited itself, as did the parties … of the first term of any copyright," he would execute and deliver to Witmark "all papers necessary in order to secure to it the renewals and extensions of all copyrights in said compositions and all rights therein … by Witmark and of the latter's assignment to itself. Relying upon the validity of the assignment made to it on October 24, 1939, and without … CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Under the Copyright Act of 1909, as amended, an author's right to obtain a renewal and … the expiration of the first twenty-eight year period. Section 42 of the Act provides that a copyright … M. Witmark & Sons No. 327 Argued January 14, 15, 1943 Decided April 5, 1943 318 U.S.

Kanhaiya Lal Bhargava and anr. Vs. Banshi Lal and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rule 1 - Order 43, Rule 1; Uttar Pradesh Encumbered Estates Act, 1934 - Sections 4 and 45; Debt Law

Reported in : AIR1950All444

learned counsel on various cases of this and other Courts and also on the provisions of Section 2, Decrees and Orders Validating Act v [5] of 1936. Having given our careful thought to these authorities, we have come to the conclusion … applications and orders were respectively made and passed would appear from the following.2. The Calcutta High Court in 1936 passed a decree No. 825 of that year, in favour of Pt. Kanhaiya Lal Bhargava and his son,

Sri Thakur Krishna Chandramajiu Vs. Kanhayalal and ors.

Court : Allahabad

Subject : PropertyCivil

Acts : Evidence Act, 1872 - Sections 65 and 74(2); Hindu Law; Transfer of Property Act, 1882 - Sections 41; Code of Civil Procedure (CPC) , 1908 - Order 32, Rule 3

Reported in : AIR1961All206

have dealt with all the points raised before us. We need not go into the question whether the Decrees and Orders Validation Act V of 1936 would bar the jurisdiction of the Court to question the validity of the … all the points raised before us. We need not go into the question whether the Decrees and Orders Validation Act V of 1936 would bar the jurisdiction of the Court to question the validity of the decree.41. … which we are now concerned is that the suit was barred by Section 41 of the Transfer of Property Act and by limitation. It is … that the same are unaffected by the mortgtages, dated the 22nd June, 1925 and 24th December, 1925 and the decree thereon in suit No. 1365

Thota Seshayya and ors. Vs. Madabhushi Vedanta Narasimhacharyulu

Court : Chennai

Subject : Tenancy

Acts : Tenancy Law; Madras Estates Land Act, 1908 - Sections 6(1) and 8(5); Madras Estates Land (Amendment) Act, 1936; Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 40, Rule 1; Constitution of India - Articles 14 and 15

Reported in : AIR1955Mad252

Tenancy Law, Sections 6 (1) and 8 (5) of Madras Estates Land Act, 1908, Madras Estates Land (Amendment) Act, 1936, Section 9 and Order 40 Rule 1 of Code of Civil Procedure, 1908 and Articles 14 and 15 of … arise because of the provision. The landholders who had spent much time, money and energy in obtaining such decrees, and fighting out their cases, deserved such small concessions in law and equity, and the denial of these concessions … Judge, Guntur to send up the records regarding the appointment of the receivers, including the petitions, affidavits, counters and orders, and these records have been received, and they show that the appointment of the appellants as receivers was … 8 (5), and that Section 8 (5) cannot, even if it is valid, be held to be an exception to the general rule laid down

Ramrao Jankiram Kadam Vs. State of Bombay

Court : Supreme Court of India

Subject : Commercial

Acts : Constitution of India - Article 133(1); Bombay Abkari Act - Sections 34; Transfer of Property Act - Sections 41 and 51

Reported in : AIR1963SC827; (1964)66BOMLR84; [1963]48ITR108(SC); [1963]Supp(1)SCR322

were never reached. Subsequently at the next auction when no bids were forthcoming, the Patel acting under the orders of the Collector made a bid on behalf of Government, of Re. 1/- for each lot and this … upon which prior notice to the defaulter would have the effect of validating the sale. If a sale for a nominal bid of one rupee … a further resolution No. 4135 of April 16, 1936, which ran :- 'The procedure of purchasing on … that was challenged in the suit which has given rise to this appeal. 5. The suit was substantially decreed in favour of the plaintiff by the trial-Judge but on appeal the plaintiff's suit was dismissed in respect … of arrears due to them. 7. Section 34 of the Bombay Abkari Act enables arrears of excise revenue to be recovered as an 'arrear of

Sushil Kumar Bose Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : AIR1943Cal489

in India.13. The word 'valid' is not used in Ordinance No. 19 of 1948. Another example is the Decrees and Orders Validating Act (Act 5 of 1936), which is as follows:Whereas doubts have arisen as to the validity of certain proceedings … Derbyshire, C.J.1. This is an application by Sushil Kumar Bose under Section 491, Criminal P.C., alleging that he has been illegally and improperly detained in jail custody and should be