Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: allahabad Page 96 of about 3,296 results (0.074 seconds)

Shah Mohammad Vs. Incharge District Judge and ors.

Court : Allahabad

Reported in : 2005(1)ARC417

..... petitioner's application has been rejected by the trial court as well as revisional court on the ground that there is no provision for extention of time in the amended code of civil procedure and accordingly petitioner has lost his right to file the written statement.3. ..... , the delhi high court while interpreting the relevant provision of the amended code of civil procedure arrived to the conclusion that the delay in filing the written statement may be condoned by the ..... corporation bank, air 2002 sc 2487, wherein while dealing with the time limit prescribed for filing reply under section 13(2)(a) of consumer protection act 1986, the court held as under at page 2489-2490:'the intention to provide a time frame to file reply is really meant to expedite the hearing of such matters and to avoid unnecessary adjournments to linger ..... a short question involved in this case is that according to amendment done in the code of civil procedure, the written statement should have been filed by the defendant ..... it is for the forum or the commission to consider all facts and circumstances alongwith the provisions of the act providing time frame to file reply as a guideline and then to exercise its discretion as best it may serve the ends of justice and achieve the object of speedy disposal of such cases keeping in ..... creating of any kind of substantive right in favour of the complainant by reason of which the respondent may be debarred from placing his version in defence in any circumstances whatsoever. .....

Jayveer Singh and Others Vs. Sher Pal (Dead) and Others

Court : Allahabad

..... person but in the facts and circumstances of the present case it is different being the fact that the plaintiffs were always willing and ready to perform their part of contract in view of section 16 c of the specific relief act and within one year according to clause-2 of the agreement he has given a notice to perform his part of contract with defendants. ..... further submission has been made that the appellant being a bonafide purchaser after paying considerable amount, it is hit by section 54 of the transfer of property act, therefore, the appellate court was not justified in reversing the finding, that too without discussing the issue on merit. ..... to perform his part of the agreement to sale ?d- whether plaintiff-respondent is entitled for execution of sale deed in his own favour by the defendants-appellants in respect of the entire land in question under the ekerarnama when the civil appeal no.23/2004, ram swaroop v. ..... further reliance has been placed upon a judgment of the apex court reported in (2009) clt 346 (sc) azhar sultana v. b. ..... , sections 16 and 20 of the specific relief act as well as whether the suit was barred by the provisions of section 168 a of the u.p. z.a. & l.r. ..... act and further an issue was framed that whether the sale-deed dated 15.5.2002 executed in favour of defendants no.3 to 6 is liable to be cancelled and various other issues regarding section 61 and 34 of the transfer of property act were also framed.4. .....

Uttar Pradeshiya Shramik Maha Sangh, Lucknow and anr. Vs. State of Utt ...

Court : Allahabad

Reported in : AIR1960All45; (1960)ILLJ745All

..... (3) no officer of a union shall he entitled to represent any party unless a period of two years has elapsed since its registration under the indian trade unions act, 1926 and the union has been registered for one trade only: provided that an officer of a federation of unions may, subject to such conditions as may be prescribed ..... both the petitioners complain that, as a result of the amended rule 40 read with section 6-i (3) of the act the sangh has been deprived of the opportunity of initialing conciliation proceedings on behalf of workmen belonging to ..... this court is under a duty, imposed by articles 13 and 14 of the constitution, to act as a sort of constitutional censor of all legislation and to scrutinise at the instance of any aggrieved citizen, any jaw or executive act and to examine its legality and thus ensure that no unconstitutional legislation or illegal state action slips ..... khare's next contention is that the amended rule 40 vests the labour commissioner with an arbitrary power to allow or reject the application of any federation for permission to represent workmen ..... officer of a union is entitled to represent any party in an industrial dispute unless a period of two years has elapsed since its registration under the trade unions act, 1926 and the union has been registered for one trade only. ..... described as 'an association of wage-earners or salary earners, formed primarily for the purpose of colleetive action for the forwarding or defence of its professional interests'. .....

Sitar Video Vs. State of U.P. and Others

Court : Allahabad

Reported in : AIR1994All25

..... it has been submitted that video rules of 1988 have been framed under section 13 of the aforesaid act of 1955 which only deal with the trade or business and contain provisions for regulating the trade or business which is in the public interest and the rules do not curtail any right of ..... try to read the word 'reasonable' into the first amendment or make the rights it grants subject to reasonable regulation ..... learned counsel has also placed reliance on various provisions of the copyright act, 1957 and tried to persuade us to hold that the petitioners as exhibitor also exercised right to freedom of speech and expression ..... restriction that no person shall be granted licence unless the licensing authority is satisfied that the pro-visions of the act and the rules have been complied with. ..... first amendment to ..... , in our opinion, they can also not be helpful to petitioners in present cases, the prime reason for which is that the frame-work of our constitution basically differs from the first amendment to the u.s. ..... the object and purpose of the copyright act, 1957 and extending the right of author to assigness hirers is with different ..... entertainments and betting tax act, 1979 in support of his submission that the act of exhibition by petitioners is ..... citing various provisions of the copyright act, 1957, learnd counsel for petitioner has sought to corroborate the submissions that the exhibitor will be entitled for the same protection under article ..... another order dated 24-9-1991 passed in civil misc. .....

Buddhan Singh and anr. Vs. Nabi Bux and anr.

Court : Allahabad

Reported in : AIR1962All43

..... the winding up and could if the mortgage-deed so provided, realise his security without the intervention of the court by effecting a sale either by private treaty or by public auction, no such sale could be effected by him after the amendment and that was certainly a fundamental alteration in the law which could not be effected unless one found words used which pointed unmistakably to that conclusion or unless such intention was expressed with irresistible clearness ............. ..... ' has definitely been used in the sense of possessing the land under some title, the words of section 18, in my opinion, provide some clue to the meaning which the legislature wanted to give to the word 'hold' in the act, for section 18 says this:'subject to the provisions of sections 10, 15, 16 and 17 all lands- (a) in possession of or held or deemed to be held by an intermediary as sir, khudkasht or and intermediary's grove (b) held as a grove by, or in the personal cultivation of a permanent lessee in avadb, (c) held ..... while giving to some general words in the amendment to section 232(1) of the, indian companies act a limited meaning, bhagwati, j. ..... this is an appeal by two defendants against a decision of the 1st temporary civil and sessions judge meerut decreeing the plaintiffs' suit. ..... the defence that was taken to the suit was that the site in dispute had been given to husaini some 13 years ago on rent which was received in kind and that husaini had subsequently abandoned his tenancy .....

Ram Bharosey Vs. Mahadeo Singh and ors.

Court : Allahabad

Reported in : AIR1953All64

..... is a mortgagee's second appeal against the appellate order of the learned district judge of bara banki upholding the order for amendment of a final mortgage decree which was passed by the learned munsiff, ramsanchi-ghat under section 8, u. p. ..... interest of sanoman singh in the mortgage deed and therefore in the decree is separate and refusal to amend the decree so far as the other respondents are concerned will not necessarily affect the rights of sanoman singh adversely, and (3) that the amendment was made at the instance of a mahadeo singh alono. ..... was further held by the full bench that the judgment-debtor cannot get the benefit of section 9 (1) since the application for amendment was not made during the pendency of the suit. ..... the final decree is incapable of amendment because it is passed after the act come into force. ..... this view, the decision of the courts below amending the decree is obviously wrong and without jurisdiction.2. ..... application for amendment under section 8 which gives rise to this appeal was filed subsequently on 9-9-1947, and it was opposed, amongst others, on the ground that the amendment was not warranted by the provisions of the act. ..... the preliminary decree cannot be amended because after the passing of the final decree, it is no longer an active or enforceable order having already served its purpose and exhausted ..... other debtors were not shown to be entitled to the benefits of the debt redemption act and were not made parties to the proceedings under section 8. .....

Harish Chandra Bajpai and anr. Vs. Triloki Singh and ors.

Court : Allahabad

Reported in : AIR1955All74

..... it is, therefore, urged that the decision of the majority is based on the finding that the amendment sought amounts merely to furnishing further particulars, as the allegations in paragraph 7c of the original petition were vague and indefinite and no details were furnished about the government servants whose support had ..... in the case before us, the petition for amendment purported to be under section 83(3) of the act and the advocate member of the tribunal held that it did come under section 83(3) though he expressed ..... while dismissing the application, however, the learned judges expressed an opinion that 'no amendment of the petition was sought and the tribunal would have had no power to allow it if it ..... and under section 83(3), of the act the petitioner can only be allowed to amend the particulars or give such further and better particulars in regard to any matter referred to in the petition, as may be necessary in the opinion of the tribunal for ensuring a fair and effectual ..... urged is that the election tribunal has no power to allow new grounds to be introduced in the election petition by way of an amendment under order 6, rule 17, civil p. c. ..... held that even if the amend-ment went beyond furnishing other and further particulars, the application could be granted under order 6, rule 17, civil p. c. ..... however, held that the petition -could not be granted either under section 83(3) of the act, as by it certain new grounds were being introduced, or under order 6, rule 17, civil p. c.4. .....

Smt. Sarjoo and ors. Vs. Pandit Ayodhya Prasad and ors.

Court : Allahabad

Reported in : AIR1979All74

..... annapurna ji installed in the temple in dispute situate on the western side of the tank known as 'paniwali dharamshala' in the city of jhansi, instituted a suit under section 14 of the religious endowments act, 1863 (hereinafter referred to as the act) with the allegations that it was a very ancient temple in which they had made various improvements, that the defendants who claimed to be the managers of the deity did not care to do seva poojah ..... hold that where a statute does not innovate, but comes in the wake of preceding legislations, or where it has been arrived at after undergoing changes by way of amendments or otherwise, it would be not only permissible but positively useful to examine the legislative history of the provision. ..... the trial court came to the conclusion that it was a public temple, that the suit was maintainable as the provisions of the act were applicable to the facts of the case, that the defendants were mismanaging the affairs of the temple and were guilty of breach of ..... 3), who is a retired draughtsman of the municipal board, also supported the other defence witnesses and deposed that the offerings were appropriated by the defendants who divided them among themselvesaccording ..... reason why the plaintiffs' suit is not covered by theprovisions of the religious endowments act and it must be held to be barred under section 92 of the civil p. ..... the defence witnesses have consistently stated that the new constructions in the temple were made by the pandas out of the .....

Newazish Ali Khan Vs. Raja Bhanu Pratap Singh

Court : Allahabad

Reported in : AIR1953All74

..... was still subsisting and had not been barred; but this in my opinion does not entitle the decree-holder to apply to the court to proceed against the other properties, and the principle upon which amendments of pending execution petitions are allowed is, in my opinion, based upon the fact that a substantive application for execution could have been entertained on the date the application for ..... hasb dafa 50 zabta dewani bajai nawab moham-mad ali khan qazilbash madeeun mutwaffi ke warisan qabizan jaidad ashkhash munderja khata no, 9 darkhuast haza ka nam qaim hokar bad hu kasb dafa 39 certificate intaqali banam civil judge sahib bahadur bahraioh bheja jawe aur mutalba munderje ijrai baza, mublikh rs. ..... he has also drawn our attention to rule 181 of the oudh civil rules, which is as follows:'a decree received for execution from another court shall be entered in the register of non-judicial miscellaneous cases- as soon as an application for execution of the same is made, along with such application, the ..... issued transferring the decree to the court of the civil judge bahraich for execution. ..... 181 of the oudh civil rules was a fresh application or was a mere continuance of the previous ..... was a decree for a large sum of money passed by the civil judge, lucknow, on 14-8-1933. ..... 30-8-47, an application for execution of the decree was filed in the court of the civil judge, bahraich, in which the prayer was as follows ;'sir,the decree-holder prays that according to order 21, rule 54/66, civil p. c. .....

Baba Mahadeo Das Vs. Satyandra Kumar and ors.

Court : Allahabad

Reported in : AIR1953All85

..... ' the claim of the plaintiff would, it would seem, fall under section 209 because the plaintiff having become a sirdar under the act was, according to him, deprived of possession of his holding by a person 'who has taken or is retaining possession of land otherwise than in accordance with the provisions of the law for the ..... ultimately, however, the court below came to the conclusion that the suit was not triable by the civil court but was triable by the revenue court, and ordered the return of the plaint for presentation ..... plaintiffs, who have been arrayed as pro forma respondents, filed a suit in the court of the civil judge, banaras, for recovery of possession over four plots of land which they claimed to bo grove-land ..... the result of this amendment is that for a period of one year beginning from 1-7-1952, which is the date of the commencement of the order, suits by sirdars and others under section 209, abolition of zamindari act (u. p. ..... in 1946, brought the suit, which has given rise to this appeal, in the court of the civil judge for possession against the defendants-respondents, as already stated. ..... in this suit the defence of the defendants-respondents was that they were not trespassers but were the tenants of the land, having succeeded to the interest of raja moti chand who had purchased the tenancy ..... the defence to the suit, in the main, was that the defendants-respondents were tenants of the plots in dispute and were also permanent lessees, and that the court had no jurisdiction .....