Court : Allahabad
Reported in : 2005(4)AWC3871D
..... unless otherwise expressly provided by or under this act, the provisions of the indian court fees act, 1870, (vii of 1860), the code of civil procedure , 1908, (v of 1908), and the limitation act, 1963) including section 5 thereof shall apply to the proceedings under this act. ..... in the above conspectus, i am fully in agreement with the arguments of the learned counsel for the petitioner that the courts below erroneously refused to grant injunction pending disposal of the application under section 229d of the act and therefore, the impugned orders dated 10.1.2005 and 23.3.2995 are liable to be quashed.11. ..... the necessity of giving reasons is an important safeguard to ensure observance of the duty to act judicially inasmuch as it ensures clarity, checks the introduction of extraneous or irrelevant considerations and excludes and minimizes arbitrariness in the decision making process.9 ..... zamindari abolition and land reforms act are enjoined to abide by and apply the principles as embodied in order 39, rules 1 and 2 ..... zamindari abolition and land reforms act, as excerpted supra, envisages provision for grant of injunction on conditions indicated therein ..... zamindari abolition and land reforms act, the court can grant interim injunction on conditions stipulated ..... zamindari abolition and land reforms act in order to acquaint myself with the provisions of the ..... zamindari abolition and land reforms act and order 39 rules 1 and 2 ..... zamindari abolition and land reforms act, section 229 d of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H28; [1992]73CompCas552(P& H)
..... 137 of the limitation act, 1963. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)139PLR215
..... ' situated on the ground floor of building bearing khana shumari 956/v blue plate 688/v-7 black plate near aggarwal hospital, bazar lachhman sar, amritsar was filed by the petitioner under section 6 of the specific relief act, 1963 (hereinafter referred to as 'the act'), inter alia, pleading that he was a tenant under the defendant/respondent at a monthly rent of rs. ..... since the property was situated in the urban area of amritsar and was governed by the provisions of punjab urban rent restriction act, 1949, the defendant-respondents could not have taken forcible possession from the petitioner without having recourse to law. ..... in paragraph 4 of the judgment, their lordships have held that:-'a suit under section 6 of the act is often called a summary suit inasmuch as the enquiry in the suit under section 6 is confined to finding out the possession and dispossession within a period of six months from the date of the institution of the suit ignoring ..... consequently, the summary suit initiated under section 6 of the act was dismissed vide judgment and decree dated 1.6.1981. ..... the scope of a suit filed under section 6 of the act is quite limited, inasmuch as, the court is required to hold summary proceedings in relation to lawful possession of the aggrieved plaintiff and his dispossession therefrom in an unlawful manner. ..... thus, as against a decision under section 6 of the act, the remedy of unsuccessful party is to file a suit based on title. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC116; JT1995(5)SC553; (1995)2MLJ118(SC); 1995(4)SCALE465; (1995)5SCC115; [1995]Supp2SCR53
..... law that remedy for specific performance is an equitable remedy and is in the discretion of the court, which discretion requires to be exercised according to settled principles of law and not arbitrarily as adumbrated under section 20 of the specific relief act 1963 (for short, 'the act'). ..... section 16(c) of the act envisages that plaintiff must plead and prove that he had performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than those terms .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC241; [1986]60CompCas286(SC); 1983(2)SCALE1110; 1984Supp(1)SCC263; [1984]1SCR526; 1984(16)LC17(SC)
..... practice and procedure is concerned, under the practice directions dated december 18, 1975, for the purpose of ascertaining the proper amount of the costs to be endorsed on the writ of summons the plaintiff's solicitor or the plaintiff, if he is acting in person, is to certify the rate of exchange current in london at the close of the business on the date next or most nearly preceding the date of the issue of the writ and to mention the sterling equivalent at the rate ..... in a foreign currency by the issue of the writ of fieri facias, the praecipe for the issue of the writ must first be endorsed and signed by or on behalf of the solicitor of the plaintiff or by the plaintiff, if he is acting in person, with a certificate certifying the rate of exchange current in london for the purpose of the unit of the foreign currency in which the judgment is expressed, at the close of the business on the date nearest or most nearly ..... summons is issued in which the plaintiff makes a claim for a debt or a liquidated demand expressed in a foreign currency, the writ must be endorsed with a certificate signed by or on behalf of the solicitor of the plaintiff or by the plaintiff, if he is acting in person, certifying the rate current in london for the purchase of the unit of the foreign currency claimed at the close of business on the date next or most nearly preceding the date of the issue of the writ ..... for such an application is prescribed by article 119(b) of the limitation act, 1963 (xxxvi of 1963) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC749; 2002(2)ALD7(SC); JT2002(1)SC247; 2002(1)SCALE296; (2002)3SCC130; [2002]1SCR403
..... is emphatically, no.in the instant appeals, the high court appears to have adopted a very technical approach by totally ignoring the purpose and object of the act and the conduct of the respondents in not constituting the tribunal, with the result of preventing the aggrieved from approaching the tribunal to challenge the election ..... provides the period of limitation for filing the election petition for which sub-section (1) of section 671 of the act would be applicable to attract the sub-section (2) of section 71 thereby applying the provisions of section 5 of the limitation act to the election petitions filed under the act.we do not agree with the submissions made on behalf of the respondent that no period of limitation is prescribed for the election petition and that ..... the only question of law, argued before us, which would decide the fate of the appeals, is as to whether section 5 of the limitation act is applicable to the election petitions filed under the act or not.the facts giving rise to the filing of the appeals are that the appellant shaik saidulu @ saida (in civil appeal arising out of slp 8034 of 2001) filed ..... between the application and the petition, a new definition of an application was inserted in the limitation act, 1963 which defined it to include a petition. ..... however, in limitation act of 1963, sub-section (2) of section 29 was deleted and the provisions of sections 4 to 24 (inclusive) were made applicable to any special or local law prescribing different period of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1851; 2004(2)ALD(Cri)258; (2004)3CALLT55(SC); [2004(4)JCR137(SC)]; JT2004(5)SC157; 2004(1)SCALE641; (2004)4SCC129
..... corollary of such provisions is that in a case where the authorised officer is empowered to confiscate the seized forest produce on being satisfied that an offence under the act has been committed thereof the general power vested in the magistrate for dealing with interim custody/release of the seized materials under the cr. p.c. ..... 9 of 1990 were made haying regard to the fact that not only the commission of forest offences are on the increase but rampant acts involving large scale pilferage and depletion of forest wealth not only causing serious onslaught on the nature and environment causing ecological imbalance and irreparable loss and damage to public property, were ..... of our aforementioned discussion is that once a confiscation proceeding is initiated the jurisdiction of the criminal court in terms of section 59-g of the act being barred, the high court also cannot exercise its jurisdiction under section 482 of the code of criminal procedure for interim release of the property ..... : 2002crilj2565 ), this court observed that even the expression 'sandalwood' as contained in the karnataka forest act, 1963 would include 'sandalwood oil'. ..... sujit kumar rana, show cause notices issued by the forest authority purported to be issued under the provision of section 59-b of the act, as amended by the state of west bengal or the seizure of the forest-produce of the vehicle carrying the same, came to be questioned by the respondents before the calcutta high court invoking its jurisdiction under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC441; JT1995(7)SC386; 1995(6)SCALE115; 1995Supp(4)SCC158; [1995]Supp4SCR505
..... immediately before the date of commencement of the presidency small cause courts (maharashtra amendment) act, 1963, or made to it on or after such date, the occupant appears at the time appointed and claims that he is a tenant of the applicant within the meaning of the bombay rents, hotel and lodging house rates control act, 1947 and in consequence whereof he is entitled to the protection of that act, and if such claim is not admitted by the applicant, then notwithstanding anything ..... decision was rendered before the amendment inserted by maharashtra amendment act (act 41 of 1963) whereby section 42a was brought into force from 1.1.1964 ..... , the trial court passed the order dated 24.1.1983 holding that the application filed under section 41 of the act by the applicant is not maintainable since the initial title of the applicant as a tenant has come to ..... to the original respondent while she was a tenant of sri kadri and when she became a tenant member of the society, her old status came to an end, and so, she is disqualified under section 43 of the act for obtaining decree from the court, and (ii) by the judgment in special civil application no. ..... judge declined to go into the question whether the provisions of section 42a of the act are applicable as in his opinion the matter was concluded by the earlier order.6. ..... 6.10.1982 the court had directed that in case the plea of the original respondent under section 43 of the act fails, the challenge to the orders made under section 42a is open. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1179; 2001(49)BLJR1410; JT2001(3)SC293; 2001(2)SCALE159; (2001)4SCC86; [2001]1SCR1152
..... in so far as the other appeal is concerned, certain additional contentions have been addressed by the respondent and they are based on article 119 of the schedule to the limitation act which provides that an application for setting aside an award or getting an award remitted for reconsideration, the period of limitation is fixed as 30 days from the date of the service of the notice of the making of ..... section 5 of the limitation act, 1963 provides that any application, other than those contemplated under order xxi cpc could be admitted after the prescribed period if the applicant satisfies the court that he had sufficient cause for ..... objections in question were filed on 18.8.1990 and thus apparently there being a delay of five days in filing the objections beyond the period of limitation prescribed under article 119 of the schedule to the limitation act, 1963 were not considered. ..... obvious from these observations that even an objection setting out the grounds specified in section 30 of the arbitration act would amount to an application as contemplated under article 119 of the schedule to the limitation act and, therefore, such objection will have to be filed within the period of limitation. ..... it is clear that section 5 of the limitation act is applicable to all applications other than those under ..... on 18.8.1990 are in the nature of an application under section 30 of the arbitration act to set aside the award and is an application under article 119 of the schedule to the limitation act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(4)AWC3503(SC); [2009(121)FLR603]; (2009)IIILLJ177SC; (2009)5MLJ307(SC); RLW2009(1)SC452; 2009(2)SCALE428; (2009)4SCC299:2009AIRSCW2566
..... to that dispute, but does not include any such person- (i) who in subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or ..... to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led ..... to whether the civil court's jurisdiction is barred or not must be determined having regard to the fact of each case.if the infringement of standing order or other provisions of the industrial disputes act are alleged, the civil court's jurisdiction may be held to be barred but if the suit is based on the violation of principles of common law or constitutional provisions or on other grounds, ..... employee is contractual, right to enforce the contract of service depending on personal volition of an employer, is prohibited in terms of section 14(1)(b) of the specific relief act, 1963. .....
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