Judgment Search Results Home > Cases Phrase: bangalore city civil court act 1979 section 2 definitions Sorted by: old Court: chennai Page 10 of about 656 results (0.181 seconds)

Nanthini Vs. Selvaraj and Others

Court : Chennai

..... , the bar is staring against a party defendant in making an attempt to avoid a document to which he is a party by taking the mere plea of fraud without the same being declared void in a suit filed under section 31 of the specific relief act, more so, when the apprehension is writ large on the allegations in the plaint where the document is relied on and used against the defendant. ..... difference between the two concepts, so to say, if a person gets his share as a coparcener, such property in his had would remain to be the ancestral property under all circumstances, whereas, if a hindu male gets a property by virtue of section 8 of the hindu succession act read with schedule-i appended to the said act, then the said property should be treated as his self-acquired property, irrespective of the origin of the property. ..... 577 to 578 of the report, this court dealt with the effect of section 6 of the hindu succession act, 1956 and the commentary made by mulla, ..... and for that matter she did not even file any application under section 5 of the limitation act to get the delay condoned in filing application to get set aside the ex-parte decree under order 9 rule ..... c.i.t.bangalore, certain excerpts from it would run thus: "8.the share which a coparcener obtains on partition of ancestral property is ancestral property as ..... or garden principle of law that 'preponderance of probabilities would govern the adjudication in civil cases'. 39. ..... " (iii) air 1979 madras 1 the additional commissioner of income tax .....

Mahender Goyal Vs. M/S. Kadamba International, Represented by Its Prop ...

Court : Chennai

..... (2) read thus: (i) subject to the provisions of this chapter, any magistrate of the first class, and any magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence : (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any ..... " in section 3 of the act is pre-fixed by the indefinite article "a" and the word "bank" where the cheque is intended to be presented under section 138 is pre-fixed by the definite article "the ..... territorial jurisdiction to try the offence is raised and if the magistrate also finds that he has no territorial jurisdiction to try the case, then, the magistrate has to follow section 322 and submit the case either to the chief judicial magistrate or to such other magistrate having jurisdiction as the chief judicial magistrate may direct. 24. ..... learned magistrate shall return the complaint to the complainant for presentation before the competent court having jurisdiction within two weeks from this date and the complainant may file complaint ..... narrated, the cheque was drawn in new delhi, it was dishonoured in bangalore and notice was received in new delhi. ..... within the period specified in the section would absolve the person issuing the cheque of his criminal liability under section 138 of the act, who shall otherwise may be liable to pay the cheque amount to the payee in a civil action initiated under the law. .....

Shree Mahabaleswara Auto Industries (P) Ltd. Vs. Union of India, Repre ...

Court : Chennai

Reported in : 2012(7)MLJ805

..... sixth respondent alleging that the petitioner company cheated him, which resulted in the sixth respondent initiating criminal proceedings against the petitioner company, besides filing o.s.no.870 of 2003 on the file of the city civil court, bangalore for recovery of money. 4. ..... while so, the sixth respondent has also filed company petition no.57 of 2007 before the company law board, chennai, invoking sections 111, 235, 397, 398 and 402 of the companies act, arraying the petitioner company as respondent no.1 and its directors/respondents 7 to 9 and mr.sudhir sirsi (the managing director) and also the tenth respondent, who is a subsequent purchaser of the factory with land as party respondents ..... constituted a committee under the chairmanship of his lordship the honourable mr.justice v.balakrishna eradi, a retired supreme court judge, to review the law relating to insolvency and winding up of companies and other laws like the sick industrial companies (special provisions) act, 1985 (sica) etc ..... . it is to be pointed out that the companies (second amendment) act, 2002, which was to take effect from 1.4.2003 with reference to the national company law tribunal had not been given effect to at all and therefore, the provisions contemplated therein have ..... , if any, held without the knowledge of the petitioner/6th respondent and resolutions passed thereat as illegal and void and compensate him for the damage sustained by him because of the wrongful acts of the company and its directors. 5. .....

Sri Nithyananda Swami Vs. S. Arathi Rao and Others

Court : Chennai

Reported in : 2012(6)CTC74; 2012(7)MLJ796

..... the publication and its effect, an infringement of his/ her rights under article 21 to a fair trial and all that it comprehends, would be entitled to approach an appropriate writ court and seek an order of postponement of the offending publication/ broadcast or postponement of reporting of certain phases of the trial (including identity of the victim or the witness or the complainant), and that the ..... court may grant such preventive relief, on a balancing of the right to a fair trial and article 19(1)(a) rights, bearing in mind the abovementioned principles of necessity and proportionality and keeping in ..... read with order xxxix rule 1 and 2 of cpc seeking for an ad interim injunction restraining the respondents, their men, agents, servants, representatives or anybody acting on their behalf in any manner making statements, conducting any panel discussions, giving interview, exhibiting, broadcasting, telecasting, allegations, reports, clippings, visuals etc. ..... usa and also caused criminal and civil cases against kishan reddy in hyderabad and bangalore. ..... spiritual enlightenment was a solitary act or the act of a man full of ..... due to the malicious act on the part of the respondents, during the first week of june, 2012, law and order problem was intentionally created in the ashram of the ..... act .....

The New India Assurance Co.Ltd., Rep. by Its Branch Manager Vs. L. Agn ...

Court : Chennai

..... are that on 21.05.2005, one lakshmikanthan, a head constable at natrampalli police station, who was working on deputation at d.s.p.office, vaniyambai, was returning from bangalore after attending his office duty along with his colleagues in a scorpio car bearing registration n.tn 23 j 8611 belonging to the 5th respondent and insured with ..... 3.00 am on outer ring road, opposite to surabi furniture point, marthahalli, bangalore city from north to south. ..... civil miscellaneous appeal filed under section 173 of motor vehicles act, 1988, against the award and decree dated 30.01.2009 made in mcop.no.212 of 2008 on the file of motor accidents claims tribunal (additional district judge, fast track court ..... in the result, the compensation of rs.12,78,000/- awarded by the tribunal in m.c.o.p.no.212 of 2008 dated 30.01.2009 on the file of additional district judge, fast track court, tirupathur is reduced to rs.12,46,800/-payable with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and the appeal is partly allowed as under: appellant ..... for the 6th respondent - insurer of the car has also relied upon an unreported judgment of this court dated 24.06.2010 delivered in c.m.a.nos.1840 and 1841 of 2000 and 61 of 2001 in support of ..... karvarnan and others (2008 acj 1165), wherein the hon'ble supreme court has held that where a person suffers injury, partly due to negligence of another person or persons, and partly by his own negligence, then negligence on the part of .....

K. Bharathi Vs. Union of India, Represented by the Secretary, Ministry ...

Court : Chennai

Reported in : 2012(6)CTC797; 2013WLR267

..... after the approval of the said recommendation, by the collegium of the supreme court, the third respondent was appointed as an additional judge of this court by a warrant issued by the president of india in terms of the article 217 of the constitution of india. ..... filed under article 226 of the constitution of india, praying for the issue of a writ of quo warranto against the third respondent requiring him to show the authority to hold the office of judge of the madras high court and consequently declare that he is not entitled to continue to hold the said office.) v. ..... based upon the deliberations, the bangalore draft was further revised, with particular reference to the principles and rules governing judges' professional conduct, ethics, incompatible behaviour and impartiality. 15. ..... ajay khose and others reported in (2009) 7 scc 1, it would be open to this court to see if the procedure prescribed by law was followed in the matter of appointment of a person. ..... subsequently, at a meeting held in strasbourg, the bangalore draft was reviewed by the consultative council of european judges. ..... it will be of interest to note that there was a significant consensus among the judges of common law and civil law systems, concerning the core values. ..... but any act of omission or commission attributed to a person after his appointment to the office, cannot be made the subject matter of a writ of quo warranto. 12. .....

R.Raghavan Vs. Dr.R.Venkitapathy

Court : Chennai

..... the civil court can interfere during the pendency of the arbitral proceedings only under certain limited circumstances, as per sections 9, 11, 34 and 37 of the arbitration and conciliation act, ..... counsel, appearing on behalf of the respondents 1 to 4, had submitted that section 5 of the arbitration and conciliation act, 1996, would act as a complete bar against the filing of a civil suit during the proceedings of the arbitral tribunal. ..... to the appellant to challenge the award passed by the arbitral tribunal, under section 34 of the arbitration and conciliation act, 1996, by raising all the grounds available to him, as per law ..... he had further submitted that the learned single judge of this court ought to have held that the civil suit filed by the appellant was maintainable, as the arbitral tribunal had no jurisdiction or power to call upon the parties to submit a particular claim or counter claim ..... the civil suit filed by the plaintiff, in c.s.no.748 of 2012, is barred under section 5 of the arbitration and conciliation act, 1996, and therefore, the plaint is liable to be rejected, under order vii rule 11 of the code of civil ..... considered view that any interference in the proceedings of the arbitral tribunal, at this stage, would be contrary to the object and spirit of the arbitration and conciliation act, 1996, which is to avoid unnecessary and unwanted delay in the settlement of the disputes, amongst the parties concerned. ..... 612, rmv extension 2nd stage, 3rd block, bangalor 003. 7. .....

Dr.issac Isaac Mathai Vs. Sowkhya Way2health Pltd

Court : Chennai

..... 22 the plaintiff/applicant prior to registration of mark 'soukya' under class 42 instituted a suit in o.s.no.7198 of 2006 in the hon'ble city civil court, bangalore against mr.george koshy seeking permanent injunction restraining him from using the trade name/mark 'sowkhya' or any other deceptively similar name and a direction to the defendant to furnish true accounts and pay ..... on the other hand, the registrar of trademarks had no objection whatsoever either under section 9 or 11 or under any other relevant provision of the trademarks act, 1999 to the respondent's application for registration of its trademark "sowkhya" way2 health ..... 10 that at the time of filing these applications, the provision of service class was not introduced in the provisions of trade & merchandise marks act, 1958 and when the service classes were introduced in the trade marks act, 1999, the first applicant/plaintiff filed another application for registration of its famous trademark 'soukya' (label) under no.1419160 in class 42 for service provided by hospitals for integrated medicines and complementary therapy, ..... 'ble karnataka high court therefore, was pleased to held that the applicant/plaintiff could not institute the suit at a place where it was carrying on business under section 134(2) of the trade marks act, 1999. ..... the registrar of trademarks raised absolute grounds of refusal of the applicants trade mark "soukya" and logo" during registration under all grounds under section 9(1) of the trade marks act. .....

Sumathi Vs. State

Court : Chennai

..... , xxxvi additional city civil and sessions court, bangalore, the accused preferred criminal petition before the karnataka high court, where the order of the trial court was confirmed and the petition was dismissed. ..... contending contra, mr.n.chandrasekaran, the learned special public prosecutor for cbi cases would argue that inasmuch as the request is barred by the provisions under sections 123 and 124 of the evidence act, it cannot be entertained, that in case the petitioner or his authorised agent looks into the file, it may lead to the prejudice to the affairs of the state since the sanction file contains confidential communications and reports ..... as described in section 123 of the evidence act, those records remain as evidence derived from unpublished public records relating to the affairs of the state and as per section 124 of the evidence act, in case of disclosure of such official information, certainly the public interest would suffer, since they were named to public officers with official confidence. ..... in order to appreciate the point in issue, it is advantageous to extract sections 123 and 124 of the evidence act which read as follows: "123. ..... as adverted to the earlier part of order, the petitioner who is a1 charged by the respondent under section 120-b r/w sec 8 of pc act 198.and sec.13(2) r/w 13(1) (d) of pc act 1988. ..... the petition filed by the petitioner is not maintainable and also barred as per section 123 and 124 of indian evidence act. 2. .....

Ramesh Vs. Ambigeswari

Court : Chennai

..... no.13 of 2009 on the file of the learned subordinate judge, rasipuram seeking the relief of dissolution of marriage that had taken place on 21.11.2007 between herself and the revision petitioner/husband under section 13(1)(1a) of the hindu marriage act, 1955 and because of the pendency of the said petition, in order to escape from the same, the revision petitioner/husband has filed i.a. ..... while dealing with the application under section 24 of the hindu marriage act, the prime consideration before the court of law is the inability of the spouse to maintain himself or herself for want of financial means or inadequacy of funds/means to maintain at the level of social status of the other spouse from whom interim maintenance is sought and not ..... no.13 of 2009, the revision petitioner/husband (as petitioner) has stated that at the time of his marriage, he has been employed at bharathi airtel at bangalore on a monthly salary of rs.17,000/- and that his wife has been employed in tata sky software company on a low salary. ..... manokaran for respondent : [court notice served on 18.7.2010 private notice served on 8.7.2010] yet no appearance ` o r d e r the petitioner/respondent(husband) has preferred the present civil revision petition as against the order dated 30.3.2010 in i.a. ..... in the result, the civil revision petition is dismissed without costs. ..... consequently, the civil revision petition fails.15. ..... respondent civil revision petition filed against the order dated 30.3.2010 passed in i.a. .....