Court : Mumbai
Reported in : (1914)16BOMLR824
..... courts theretofore existing in the sonthal parganas, named the courts of settlement officers and the courts of officers appointed by the lieutenant-governor of bengal under section 2 of the regulation of 1855, a third class, namely courts established under act xii of 1887, known as the bengal united provinces and assam civil courts act, 1887, which is an act which has taken the place of act vi of 1871 (which has been repealed), and all references to the last-mentioned act ..... regulations applicable to the sonthal parganas is that at the date when this suit was commenced no suit could lie in any court established under act vi of 1871, or under the act which has taken its place, namely, the bengal united provinces and assam civil courts act, 1887, in regard to any land or any interest in or arising out of any land, or for the rent or profits of any ..... but while it is evident that the government by this section left it to the lieutenant-governor of bengal to decide in future whether courts established under the bengal civil courts act, 1871, should retain jurisdiction within the sonthal parganas, it had already made up its mind that such should not be the case with suits ..... , provides as follows:-the lieutenant-governor of bengal may, by notification in the calcutta gazette, invest any competent officer in the sonthal parganas with the powers of any civil court established under act vi of 1871, and way exclude the whole or any part of the said parganas from the jurisdiction of any of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR907
..... after considering the background of section 171 of the indian companies act, 1913, the report of the committee based on which the amendment was brought about, the apex court observed as under :--'in the absence of a provision like section 446(2) under the repealed indian companies act, 1913, the official liquidator in order to realise and recover the claims and subsisting debts owed to the company ..... the expression 'suit or other legal proceedings' in section 446(1) and the expression 'suit or proceedings' in section 442, under chapter ii of part vii of the companies act, include criminal complaints filed under section 138 of the negotiable instruments act.on behalf of the companies involved, it is contended, that the expression legal proceedings or other legal proceedings should be given its widest amplitude and must therefore also include criminal proceedings ..... legal proceedings for the purpose of sections 442 and 446 must be read ejusdem generis with the expression 'suit' and can mean only civil proceedings which have a bearing so far as the winding up is concerned namely realisation of the assets and discharge of liabilities of the ..... it does not mean each and every civil proceedings which has no bearing on the winding up proceedings or criminal offences where the ..... to in this section are civil proceedings and do not apply ..... if so read it is pointed out, it can only refer to civil proceedings which have a direct bearing on proceedings for winding up of the company and consequently .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)101BOMLR150
..... after considering the background of section 171 of the indian companies act, 1913, the report of the committee based on which the amendment was brought about, the apex court observed as under:in the absence of a provision like section 446(2) under the repealed indian companies act, 1913, the official liquidator in order to realise and recover the claims and subsisting debts owed to the ..... expression 'suit or other legal proceedings in section 446(1) and the expression 'suit or proceedings' in section 442, under chapter ii of part vii of the companies act, include criminal complaints filed under section 138 of the negotiable instruments act.on behalf of the companies involved, it is contended, that the expression legal proceedings or other legal proceedings should be given its widest amplitude and must therefore also include ..... expression legal proceedings or other legal proceedings for the purpose of sections 442 and 446 must be read ejusdem generis with the expression 'suit' and can mean only civil proceedings which have a bearing in so far as the winding up is concerned namely realisation of the assets and discharge of liabilities of the company it is true ..... it does not mean each and every civil proceedings which has no bearing on the winding up proceedings or criminal offence where ..... in this sections are civil proceedings and do not ..... if so read it is pointed out, it can only refer to civil proceedings which have a direct bearing on proceedings for winding up of the company and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1969AP381
..... petitioner, contended that article 183 of the limitation act, 1908, applies only for the enforcement of a decree of any court established by royal charter in the exercise of 'its ordinary original civil jurisdiction' and it can have no application when the high court passed a decree in exercise of its special original jurisdiction and the relevant provision is article 182 which provides for the execution of a decree of 'any civil court, not provided for by article 183 or ..... in relation to, the administration of justice in the said presidency as her majesty might, by such letters patent aforesaid, grant and direct, subject, however, to such directions and limitations as to the exercise of original, civil and criminal jurisdiction beyond the limits of the presidency town, as might be prescribed thereby, and save as by such letters patent, might be otherwise directed and subject and without prejudice to the legislative powers in relation ..... 'the expression 'law in force' in this article shall include a law passed or made by the legislature or other competent authority in the territory of india before the commencement of this constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. ..... in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1944All177
..... it may well be that the indian government can legislate validly about the formality of procedure so long as they preserve the substantial right of the subject to sue the government in the civil courts like any other defendant, and do not violate the fundamental principle that the secretary of state, even as representing the crown, is to be in no position different from that of the ..... are of opinion that the effect of section 65 of the act of 1858 was to debar the government of india from passing any act which could prevent a subject from suing the secretary of state in council in a civil court in any case in which he could have similarly sued the east ..... councils act, 1861, the governor-general in council is given power to make laws in the manner provided, including power to repeal or amend existing laws, and including the making of laws for all courts of ..... that act was, on the enforcement of the town areas act, repealed and chhatari was mentioned in list i ..... this section enacts that there is to be no power to repeal or in any way affect, among other matters, any provision of the government of india act, 1858. ..... of statutes, that if a substantive enactment is repealed, that which comes by way of proviso upon it is impliedly repealed also:' craies, ibid, p. ..... the chaukidari act, act 20 of 1856, applied to it, rani kishan kunwarwas the zamindar of the mauza, fateh chand and others were the purchasers under private sales of certain resumed muafi, dwelling houses and groves situate in a .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All518
..... ' and article 178 referred to an application 'under the same code for the filing in court of an award in a suit made in any matter referred to arbitration by order of the court, or of an award made in any matter referred to arbitration without the intervention of a court' it will be recalled that when the limitation act was enacted on august 7, 1908, the code of civil procedure had already been on the statute book since march 21, 1908, and provision in relation to arbitrations was contained therein in section 89, in ..... it said that the mere amendment of articles 158 and 178 could not ipso facto alter the meaning of article 181 attached to it by a long series of decisions of the different high courts in india and explained:'this long catena of decisions may will be said to have, as it were, added the words 'under the code' in the first column of that article. ..... the contract contained an arbitration clause, a difference having arisen between the parties, the appellant filed an application under section 20 of the indian arbitration act, 1940 before the learned civil judge, bareilly, the application was opposed, inter alia, on the ground that it was barred by time. ..... that case in fact directly decides that article 181 only governs applications under the code of civil procedure and that an application under the arbitration act, not being an application under the code, will not be governed by article 181.7. ..... it repealed the provisions in the code of civil procedure relating to arbitration .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1945All377
..... thatone of the first and highest duties of all courts is to take care that the act of the court does no injury to any of the suitors and when the expression 'the act of the court' is used, it does not mean merely the act of the primary court, or of any intermediate court of appeal, but the act of the court as a whole from the lowest court which entertains jurisdiction over the matter up to the highest court which finally disposes of the case : rogers v. ..... ' it follows that the court exercising jurisdiction under section 5 of the act is a civil court, and, as such, subordinate to this court. ..... by section 2 (5), agriculturists' belief act, 'court' is defined as meaning a 'civil court. ..... section 14 (c), limitation act, will entitle the applicant to excludethe time during which he has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or in a court of appeal, against the same party for the same reliefprovided 'the proceeding is prosecuted in good faith. ..... before the special judge, while opposing the application under sections 5 and 30, agriculturists' relief act, they pleaded that the relief under both the acts was being claimed in one and the same capacity, but in the execution court they insisted that the capacities were different. ..... there is nothing in that act that can be interpreted to divest this court either expressly or by necessary implication of the revisional jurisdiction conferred by section 115, civil p.c.12. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H55
..... civil court to entertain a suit and of any other court to entertain any other proceedings is excluded, and as i have said before, their lordships were of the view that a proper machinery having been provided under the income-tax act ..... been created by the act for the determination of ..... of the act, it is enough ..... to preclude the high court in its ordinary civil jurisdiction from considering a ..... been decided by the courts and the house of ..... court in accordance with the provisions of the income-tax act; ..... court to scrutinize except in the manner provided in sub-section (5) of section 8 the acts or proceedings of the commission or of any authorised official, this court ..... act; (ii) the act gives adequate and effectiveremedy to the assessees; (iii) by interfering under article 226 at a stage previous to that contemplated by the act ..... act; (b) the high court should not allow the statutory jurisdiction of the appellate authorities to be displaced; (c) under article 226 the high court has not to act ..... court should not allow the jurisdiction of those tribunals to ..... act in consequence of information which conies into his possession and the discovery made by him therefrom it is not for this court ..... act because the dominion legislature could not make any laws ..... court & where the income-tax officer has made an assessment it is for him and on appeal for the authority given in the income-tax act ..... ) control act of 1947 ..... act ..... act and the case stated to the high court; and (6) whether the attack on the proceeding under section 34 of the act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1984P& H398
..... vitiated the effect of the provisions of sub-section(2) of section 42 can be no less than this that after the issuance of notification under sub-section(1) of section 42 of the act, the court would take it that there has been full compliance with the relevant provisions pertaining to the framing and sanction of the scheme, with only one exception, which again is spelled out ..... house-owners; section 28 enables the trust to adopt a composite scheme combining the features of one or more of the aforementioned schemes and additionally to provide for the acquisition under the land acquisition act, 1894; as modified by the act; section 33 provides for the initiation of the scheme upon an official representation by the municipal committee or otherwise; section 34 provides for the consideration of such official representation; section 35 provides for ..... ic 33) (supra) the question before the ful1 bench was as to whether the provisions of rule 7 sub-rule (1) of punjab civil service (executive branch) rules 1930 were mandatory or directory in nature. ..... sought from supreme court decision in laxmi chand v indore-improvement trust, indore, air 1975 sc 1303, division bench decision rendered in civil writ petn. ..... on behalf of trust was considered to be untenable and they sought support for the above submission from decision rendered by single judge civil writ petn. no. ..... the following passage from the decision in civil writ no. ..... takes one view, while in the unreported judgment in civil writ no. ..... civil writ .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1352; (1979)1SCC92; 1978(10)LC718(SC)
..... goa daman and diu with protanto repeal of the portugues code and the aforesaid provisions of the goa, daman and diu civil courts act, 1965, the appellants contended that the appeal had been properly lodged in the judicial commissioner's court especially as the court of comarca court at margao had erased to exist, and as the regards the bar of limitation it was contended that since limitation act was a procedural statute it ..... 15, 1966,with the corresponding provisions of the portugues code being repealed & (d) the legislative assembly of goa, daman a id diu enacted the goa, daman and diu civil courts act, 1965 (act xvi of 1965) which came into force on june 15, ..... be lodged we are clearly of the view that the forum was governed by the provisions of the goa, daman and diu (extension of cpc 1908 and arbitration act, 1940) act, 1965 (central act xxx of 1965) read with the provisions of goa, daman & diu civil court act, 1965 (goa act xvi of 1965) both of which came into force simultaneously on june 15, 1966 and the appeal was required to be filed in the judicial commissioner ..... the central act xxx of 1965 with effect from june 15, 1966 the provisions of the indian civil procedure code were extended to the union territories of goa, daman and diu and the corresponding provisions of the portugues were repealed while under the goa act xvi of 1965 the instant suit which was pending before the comarca court at margao was continued and decreed by corresponding court of the senior civil judge, who .....
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