Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: himachal pradesh Page 1 of about 775 results (0.094 seconds)

Shobit Construction and anr. Etc. Vs. T.K. International Ltd.

Court : Himachal Pradesh

Reported in : AIR2006HP4,2006(1)ARBLR510(HP)

..... , the question which arises for consideration is whether the defendant has lost his right to file written statement as provided under order 8, rule 1, as substituted by the code, of civil procedure (amendment act, 2002).18.order 8, rule 1 may be reproduced for convenience.o. 8, r. ..... recovery of rupees 80,03,500.52 paise along with pendente lite and future interest on the ground that the plaintiff-firm is engaged in the business of fabrication of civil work and defendant-company contracted with the plaintiff-firm to execute the fabrication of civil and construction work for the company at its proposed resort at shillon bagh and the defendant-company started fabrication work in july, 1998. ..... - the defendant shall, within thirty days from the date of service of summons on him, present a written statement, of his defence :provided that where the defendant fails to file the written statement within the said period of thirty days, he shall be allowed ..... above provision makes it clear that the defendant has to file the written statement of defence within thirty days of the date of the service of the summons on him. ..... defendant-company has lost its right to file written statement and for striking of the defence of the j defendant company similar application was i filed by the plaintiff (omp ..... of the code, the plaintiffs pray for closing the defence of the defendant for having failed to file the written statement within the time limited under order 8, rule1 of the code of civil procedure. ..... defence .....

The Nalagarh Dehati Co-operative Transport Society Ltd. Etc. Vs. Suraj ...

Court : Himachal Pradesh

Reported in : AIR1977HP35

..... in second appeal with reference to section 87 of the act inasmuch as the said section has been amended by the himachal pradesh co-operative societies (amendment) act, 1972 andclause 1 (a) of section 87 has been deleted and the only mode of execution prescribed is by the collector under a certificate signed by the registrar for recovery of the amount as arrears of land revenue, in other words, contends the appellant, the award is no longer to be deemed a decree of the civil court and as such cannot be executed in the ..... he has only the right of prosecution or defence in the manner prescribed for the time being by or for the court in which the case is pending and if by an act the mode of procedure is altered he has no other right than to proceed according to the altered mode. ..... but the other important principle is as much there based on the theory of repeal and based on the effect of repeal laid down in section 6 iof the general clauses act or section 4 (e) of the himachal pradesh general clauses act, 1968--namely that the previous operation of the enactment so repealed will not be affected and any legal remedy which is already there will have to be carried on under the enactment as if the same was not repealed. ..... keeping regard to this principle and inasmuch as the new enactment does not provide any substitution in procedure for execution as decree of civil court, the old procedure shall be deemed to exist and the proceeding initiated under that procedure will be carried to the end. .....

Atma Ram Vs. Jhinoo Ram and anr.

Court : Himachal Pradesh

Reported in : AIR1954HP17

..... against the petitioner at a time when a suit instituted on the fresh allegations would have been time barred, because in seeking the amendment in question the plaintiff was acting in bad faith since he preferred the application for amendment with considerable delay and gross negligence in respect of facts which were already within his knowledge, and because the effect of the amendment would be to displace the defence of the petitioner that he was notliable as agent for nand kishore. ..... down in all the above rulings, that the courts are to decide the rights of the parties and not to punish them for the mistakes committed by the parties in the conduct of their cases, that the amendment of the pleadings is the discretion of the court; of course it is to be exercised judicially and not in an arbitrary manner, or to cause injustice to the other party. ..... the argument of the learned counsel for the plaintiff respondent on the merits of the trial court's order, on the other hand, was that the amendment did not alter the nature of the suit or set up a new case but it elucidated the real case of the plaintiff. ..... so far as acting illegally is concerned, strangely enough that phrase appearing in clause (c) of section 115, civil p. c. ..... the obvious reason for this view is that the trial court has not transgressed any rule of procedure, but it has interpreted the provisions of order 6, rule 17, civil p. c. ..... 17, civil p. c. ..... 17, civil p. c. .....

Ganga Ram and anr. Vs. Ram Gopal and anr.

Court : Himachal Pradesh

Reported in : AIR1992HP47

..... though there is no specific provision permitting the parties to amend their pleadings in proceedings under the act, such a prayer for amendment is entertained and considered, following the modality contemplated by the provisions of order 6 rule 17 of the code of civil procedure, that is on the basis of the acceptance of the principles enshrined in the code of civil procedure. ..... also hold that before the fact that a tenant has fallen in arrears of rent on the rate so agreed upon can be pleaded, the landlord would have to seek amendment of his petition and, if permitted, the matter would have to be gone into by the rent controller in accordance with law.27. ..... (3) notwithstanding that the fair rent for building or rented land has been fixed under the east punjab urban rent restriction act, 1949 or under the himachal pradesh urban rent control act, 1971, a landlord or tenant of such a building or rented land shall be entitled to get its fair rent fixed under ..... of default in payment of rent, agreed upon by the tenant, for a period subsequent to the institution of the petition under section 14(2), can be made the basis for claiming ejectment of a tenant in case the landlord is permitted to amend his claim in the petition in that respect by the rent controller.24. ..... a landlord is permitted to amend a petition, in the manner aforesaid, the tenant gets a right to meet the case put forward by the landlord by amending his own defence. ..... the defence of the tenants was that the rate of rent was only .....

Karam Chand Vs. Sohan Singh Kawatra

Court : Himachal Pradesh

Reported in : AIR1981HP43

..... -- notwithstanding anything to the contrary contained in this act, the provisions of clause (d) ofsection 2, as amended by the himachalpradesh urban rent control (amendment) act, 1978 (9 qf 1978), shall apply to all proceedings, under the east punjab urban rent restriction act, 1949 (3 of 1949) or under this act, pending, at the commencement of the said amendment, before a rent controller, an appellate authority or the high court ..... 23 of 1578 certain provisions of the act were amended and in this amended act the definition of 'non-residential building' is given as follows ; 'section 2 (d) 'non-residential building' means a building being used :-- (i) mainly for the purpose of business or trade; or (ii) partly for the purpose of business ..... given by the tenant in view of the provisions of the act by which the residential and non-residential premises had been defined prior to the amendment by act no. ..... amendment act ..... in the present revision petition, the learned counsel for the petitioner has contended that the proposed amendment is not likely to change the nature of the case and no new case is, in fact, being ..... learned counsel for the respondent contended that the proposed amendment will change the nature of the defence which had originally been advanced by the tenant-petitioner ..... judgment dated 4th of may, 1979 in civil revision no. ..... order, dated 71 h august, 1979, dismissed the application of the tenant-petitioner on the basis of an unreported judgment of this court in civil revision no. .....

Bhup Singh and ors. Vs. Tulsi Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1991HP29

..... before the first appellate court where an application under order 6, rule 17 of the code of civil procedure to include the same amendment was sought from the trial court was moved and the order of the trial court rejecting the ..... in possession of the lands which have fallen to their shares under the consolidation scheme and it is the duty of the authorities under the act to put the parties in the physical possession of the lands in accordance with the provisions of the act and the rules and no symbolical possession has been envisaged nor can the same be inferred being totally foreign to the object and implementation ..... the defendants were also allowed to file a fresh written statement to the amended plaint and thereafter the court proceed to frame such issues as would arise out of the pleadings of the parties, although, it observed ..... after sometime, the defendants moved an application for the amendment of their written statement to enable them to include the plea that the court had no jurisdiction to try the suit and that the ..... similarly, the plaintiffs also moved an application under order 6, rule 17 of the code of civil procedure for the supersession of the contents of para 4 of the plaint and add the following para :'(sic) haza ka kabza mahe besakh, 1959 ko (sic) consolidation of holdings ki or se din gaya prantu kuchh ..... enabled the plaintiffs to rectify a statement based on admission in the plaint and thus changing the very nature of their case and assertion in the defence. .....

National Insurance Co. Ltd. Vs. Anjana Shyam and ors.

Court : Himachal Pradesh

Reported in : 2000ACJ1585

..... member, motor accidents claims tribunal, lakhimpur 1993 acj 828 (gauhati), the full bench of gauhati high court held that the insurance company cannot raise defences in appeal which are not available under section 149 (2) of the motor vehicles act, 1988 unless, of course, the tribunal has passed an order under section 170 or the insurance company has reserved in the policy the right to contest the claim ..... 1998 acj 513 (sc), their lordships held that the insurance company when impleaded as a party by the court can be permitted to contest the proceedings on merits and on ground other than those permitted under the act only if the conditions precedent mentioned in section 170 are found to be satisfied and for that purpose the insurance company has to obtain an order in writing from the tribunal and that it should be a ..... the applications under order 6, rule 17, civil procedure code for amendment of the written statements incorporating the defence of overloading of the ill-fated bus in these appeals, as a ground of their defence to avoid their liability in total or ..... and, therefore, there is no violation of the statutory provisions by the insured and as such the defence that more than 42 + 2 passengers specified under the policy of insurance were carried at the time of the accident in the ill-fated bus is not available under section 149(2)(a)(i)(c) of the motor vehicles act to the appellant insurance company against third party risk as the vehicle was not used for the purpose .....

Ranbir Singh and ors. Vs. Gita Ram and ors.

Court : Himachal Pradesh

Reported in : AIR1993HP43

..... in appeal, the then district judge, shimla vide his order dated 6-7-1971, allowed amendment of the plaint, set aside the decree and judgment of the trial court and remanded the suit for possession on merits after taking the amended plaint on record, giving an opportunity to the defendants to file their written statement to the amended plaint and giving an opportunity to the parties to adduce evidence on issue no. ..... his further submission is that attestation of mutation dated 26-2-1910, which is signed by janki ram, one of the sons of surat ram mortgagee is not an acknowledgment under section 18 of the limitation act which may extend the period of limitation for redemption of mortgage. ..... where the' writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed, but subject to the provisions of the indian evidence act, 1872 (1 of 1872), oral evidence of its contents shall not be received. ..... by way of amendment of the plaint, the following additions were made in para 6 of the plaint:--'that the suit is within time as mastia son of surat ram and surat ram mortgagee and ..... this defence weighed with the trial court and the suit was dismissed vide decree and judgment dated 28-1-1970 holding that the suit was beyond the period of limitation of sixty years.3 ..... ram, mansha ram and jawala dutt filed civil suit against smt. ..... 10, section 18 of the limitation act, 1963, is pari materia to section 19 of the old limitation act of 1908. ..... (civil) ..... civil revision .....

Dr. Om Prakash Rawal Vs. Mr. Justice Amrit Lal Bahri

Court : Himachal Pradesh

..... may be that it is an additional approach for getting the same relief but no amendment can be allowed having the effect of allowing an additional plea to be raised which is prohibited by ..... learned counsel for the plaintiff has on the other hand urged for dismissing the civil revision on the ground that the plaint had been properly valued for the purpose of court-fees and ..... sub-section (2) of section 4 of the act says that no defence, based on any right, in respect of any property, held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit', claim or action by or on behalf of a person claiming to ..... be it stated that the observations made herein, while deciding civil revision, shall not prejudice the merits of the respective claims of the parties and shall also not influence the fair trial of the ..... to appreciate the grievances of the petitioner, as made out in this revision petition and the dispose of this civil revision, it will be necessary to give a few facts.3. ..... the defendant-petitioner has in his civil revision challenged the order passed on ..... the provisions of the code of civil procedure (hereinafter referred to as 'the code'), namely, rule 1 of order v, but it was only an intimation of the date ..... the civil revision was instituted in punjab and haryana high court at chandigarh, but it stood transferred to this court by virtue of an order passed by the supreme court on 1st februray, 1993 in transfer petition .....

Himachal Pradesh Agro Industries Corporation Vs. Raj Kumar and ors.

Court : Himachal Pradesh

Reported in : (2002)IILLJ861HP

..... admitted or orders passed) by the central administrative tribunal or any of its bench or benches immediately before thecommencement of this act in the exercise or purported exercise of its jurisdiction, powers and authority conferred by or under the principal act shall be deemed to have been validly done or taken as if the provisions of the principal act, as amended by this act, had been in force at all material times and, accordingly, anything done or any action taken by the said tribunal ..... all service matters concerning a person not being a person referred to in clause (c) of this sub-section or a member, person or civilian referred to in clause (b) of sub-section (1) of section 14 appointed to any civil service of the state or any civil post under the state and pertaining to the service of such person in connection with the affairs of the state or of any local or other authority -under the control of the state government or of any corporation or society ..... (2) if the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the act, the jurisdiction of, the civil court is alternative, leaving it to the election of the suitor concerned to choose his remedy for the relief which is competent to be granted ..... orders entitles an employee to appropriate relief either before the forums created by the industrial disputes act or the civil court where recourse to civil court is open according to, the principle, indicated herein. .....