Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: jharkhand Page 1 of about 309 results (0.099 seconds)

Pitambar Singh Manki @ Pitambar Singh and anr. Vs. Makar Singh and ors ...

Court : Jharkhand

Reported in : [2004(1)JCR601(Jhr)]

..... for cross-examination of plaintiffs witnesses or handed to a witness merely to refresh his memory.now by virtue of the code of civil procedure (amendment) act, 2002 with effect from 1.7.2002 the following have been substituted for rule 1 of order viii 'the defendants shall, within 30 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 written statement within the said period of 30 days, he shall ..... shivnath, counsel for the defendants 1 and 2 petitioners herein submitted that in view of patna amendment to the provisions of order viii, rule 1, even after amendment by virtue of the code of civil procedure (amendment) act, 2002, which has come into force with effect from 1,7.2002, the trial court could have granted further time for filing written statement after expiry of 90 days from the date of service of summons on ..... in my view, section 16(1) of the amendment act, 2002 clearly provided that except in so far as such amendments or provisions are consistent with the principal act as amended by this act, all other amendments or provisions inserted by the principal act by a state legislature or high court the commencement of this act stood repealed and, therefore, the aforesaid bihar amendment to rule 1 of order viii made before the commencement of this act, being not consistent within the principal act as amended by this act, stood repealed.5. .....

Narayan Chandra Mahato Vs. Sarju Mahato and ors.

Court : Jharkhand

Reported in : [2004(2)JCR512(Jhr)]

..... of course, now that aspect is controlled by order viii, rule 1 of the code of civil procedure as introduced by the amendment act, 2002. ..... after the amendment by amendment act, 2002 of order viii, rule 1 of the code, the plaintiff made another application to debar the defendants from filing a written statement. ..... the plaintiff challenges the order by trial court refusing to pass an order under order xiii, rule 10 of the code of civil procedure, since in the case, for more than eight years, no written statement was filed by the defendants which led to the plaintiff filing the application for the relief aforesaid. ..... the provisions of order xiii, rule 1 of the code of civil procedure and the other rules regarding production of documents, list of witnesses and settlement of issues etc. ..... it is stated that the subsequent application under order viii, rule 1 of the code after its amendment is still pending.3. ..... after all, no court would like to dispose of a suit ex parte or without giving the defendant an opportunity to put forward his defence. ..... the trial court proceeded to accept that written statement, rejecting the prayer of the plaintiff to pass an order in terms of order viii, rule 10 of the code of civil procedure.2. .....

Jatinder Singh Hanspal and anr. Vs. Tejinder Singh and ors.

Court : Jharkhand

Reported in : AIR2006Jhar8; 2005(1)BLJR722

..... 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 to file the same on such other day, as may be specified by the court, for reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.'6. by the code of civil procedure (amendment) act, 1999 the time limit of ..... . by the code of civil procedure (amendment) act, 2002 the defendant may be allowed to file written statement on such other date as may be specified by the court, but which shall not be later than ninety days from ..... decision of the karnataka cannot be said to be not justified, taking note of the purpose with which amendment to order viii, rule 1 of the code of civil procedure was made ..... the court allows time in excess of limitation fixed under order viii, rule 1 and section 148, cpc, the very object and purpose of amendment brought in the code of civil procedure shall be frustrated.10 ..... order to check and stop the dilatory tactics adopted by the defendant the provision of order viii, rule 1 has been amended and period has been fixed for filing written statement.13 ..... . even though an outer limit may be fixed by order viii, rule 1 of the code of civil procedure in the matter of filing a written statement, normally it is the court, that by an order of its own, fixes the actual time for filing a written statement, no doubt, within the period contemplated by .....

Annapurna Mistanya Bhandar Vs. Satya NaraIn Dudhani and ors.

Court : Jharkhand

Reported in : [2003(2)JCR424(Jhr)]

..... has been amended by code of civil procedure (amendment) act, 2002. ..... therefore, falls for consideration is as to whether court can take notice of the default occurred during the pendency of the appeal and can allow amendment of the plaint for the purpose of deciding the issue of default in passing a decree for eviction.6. ..... equally well settled that there is nothing to debar the court permitting the introduction of cause of action arising subsequent to the filing of the suit by way of amendment so long as the defendant has an opportunity of meeting the new case by amendment of his written statement and by leading evidence in support of his defense. ..... the court of appeal below therefore, committed error of law in allowing the amendment petition: this revision application is therefore allowed and the impugned order is set ..... it does not mean that a party as a matter of right claim introduction of fresh cause of action at the appellate stage and ask the court to allow amendment of the pleadings and order for the trial de novo. ..... held that if the necessary material on which the plea arising from amendment may be decided is already there, the amendment may be more readily granted than otherwise.8. ..... of the record, it appears that during the pendency of the suit the trial court on the application filed by the plaintiffs under section 15 of the bihar buildings (lease, rent and eviction) control act passed an order directing the defendants to deposit arrears of rent as also current and future rent. .....

Jawaharlal Sharma Vs. State of Jharkhand and ors.

Court : Jharkhand

Reported in : AIR2006Jhar135; [2006(3)JCR525(Jhr)]

..... (x) article 243zf provides that any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992, inconsistent with the provisions of the said part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier, which reads as under:24szf. ..... (ix) in the meantime, with effect from 1st june, 1993 the constitution (seventy-fourth amendment) act, 1992 came into effect, as a result of which part-ix a was added in the constitution, which deals with constitution of municipalities. ..... (xxvi) on the other hand, from bare perusal of section 2 of the bihar municipal corporation act, 1978 the following facts emerge:(i) for providing better organized and coordinated civil facilities and municipal administration, the state government may declare any area including the area of any other municipality with such other contiguous area to be a municipal corporation;(ii) the state government may alter the ..... section 2(1) of the bihar municipal corporation act, 1978 enables the state government to constitute a municipal corporation in an area for providing better organized and coordinated civil facilities. ..... (viii) it appears that a writ petition being writ petition (civil) no. .....

Dayanand Bhadani Vs. Prabhat Kumari Bhadani and ors.

Court : Jharkhand

Reported in : [2008(3)JCR258(Jhr)]

..... 10, was also amended by the code of civil procedure (amendment) act, 1976 (act 104 of 1976) ..... the relevant words to rule 6-a are-a defendant in a suit may, in addition to his right of pleading a set-off under rule 6,...before the defendant has delivered his defence or before the time limited for delivering his defence has expired....these words go to show that a pleading by way of counter- claim runs with the right of filing a written statement and that such right to set up a counterclaim is addition to the right of ..... once the right of the defendant to file written statement has been lost or the time limited for delivery of the defence has expired then neither can the written statement be filed as of right nor a counter-claim can be allowed to be raised, for the counter-claim under rule 6-a must find ..... or decisions cited have gone to the extent of suggesting that, in spite of the fact that the defence has been struck off, the defendant can adduce evidence of his own or try to substantiate his own ..... land and as such, it is not acceptable in evidence as this documents clearly appears to be in form of defence and besides this it is specific pleadings of the plaintiff that the title deeds stand in the name of df. ..... looked at from this point of view it should be possible to take the view that, though the defence of the tenant has been struck out, there is nothing in law to preclude him from demonstrating to the court that the plaintiffs witnesses are not speaking the truth or that .....

Ganesh Tiwari and anr. Vs. Ramakant Tiwari and ors.

Court : Jharkhand

Reported in : 2007(1)BLJR831

..... , any right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not:provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the court ..... it is true that preceding cpc amendment act, 1976, rule 6 of order 8 limited the remedy to set off or counter-claim laid in a written statement only in a money suit. ..... by cpc amendment act, 1976, rules 6a to 6g were brought on statute. ..... in other words, all provisions relating to a plaint provided in the code of civil procedure and also relating to the valuation of the counter-claim and payment of court-fee shall have to be followed. ..... instead of relegating defendants to an independent suit and to avoid multiplicity of proceedings, provisions have been inserted under order viii, rules 6(a) to 6(d) in the code of civil procedure. ..... perhaps, the court below has not correctly appreciated the provisions of order viii, rule 6(a) to 6(d) of the code of civil procedure. ..... rule 6(a), 6(b) and 6(c) have been inserted in the code of civil procedure by c.p.c. ..... the court below therefore, held that the petition filed by the plaintiff for excluding those properties is fit to be allowed under order 8 rule 6(c) read with section 151 of the code of civil procedure.5. .....

Praveen Kumar Sukhani and ors. and State of Bihar and anr. Vs. Bishwan ...

Court : Jharkhand

Reported in : AIR2006Jhar1; [2005(3)JCR178(Jhr)]

..... order viii, rule 6(a) of the code of civil procedure was introduced by amendment act of 1976 but the very purpose of introducing this new rule on the recommendation of the law commission of india was to avoid multiplicity of the proceedings inasmuch as giving right to the defendant to ..... or claim in respect of a cause of action accruing to the defendant against the plaintiff either before or after the filing of the suit but before the defendant has delivered his defence or before the time limited for delivering his defence has expired, whether such counter-claim is in the nature of a claim for damages or not :provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction ..... 4 to 18 instead of filing a counter-claim by observing all the rules or pleadings, filed an amendment petition for amendment of written statement and seeking a relief of declaration of title in respect of the suit property on ..... these two appeals were admitted on 6.5.2004 for hearing on the following substantial questions of law :(i) whether the trial court acted legally and with jurisdiction in purporting to decide the claim of defendants 3 to 17 as against defendants 1 and 2 and/or against additional defendants 18 to 20 in ..... rule 6(a), it is manifest that defendant in a suit may set up by way of counter-claim against the claim of the plaintiff but such counter-claim shall be made before the defendant delivered his defence or before the time limited for delivering his defence has expired. .....

Dhana Munda and Anr. Vs. Sheikh Asruddin Ansari and Anr.

Court : Jharkhand

..... 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 to file the same on such other day, as may be specified by the court, 4 for reasons to be ..... . 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 to file the same on such other day, as may be specified by the court, for reasons to be ..... . for this purpose, even parliament has amended order 8 rule 1 of the code of civil procedure, which reads thus: 1 ..... . after considering the aforestated section in the light of the object with which the act has been enacted, a three-judge bench of this court came to the conclusion that in no case period beyond 45 days can be granted to the opposite party for filing its version of the case. 14 ..... . the humanist rule that procedure should be the handmaid, not the mistress, of legal justice compels consideration of 5 vesting a residuary power in judges to act ex debito justitiae where the tragic sequel otherwise would be wholly inequitable ..... . under the act, the legislative intent is not to give 90 days of time but only maximum 45 days for filing the version by the opposite party .....

Nathuni Mistry Vs. the State of Bihar (Now Jharkhand) and anr.

Court : Jharkhand

Reported in : 2007(2)BLJR871; [2007(2)JCR99(Jhr)]

..... recently schedules i and ii of the act have been substituted by the court fees (bihar amendment) act, 1995 for its application to the state of bihar including the state ..... further submitted that in the matter of payment of court fee, it shall be governed by article 9 of schedule ii of the court fees act as amended by bihar amendment act, 1995.4. ..... was then placed before the registrar general before whom the appellant submitted that court fee amount should not be assessed in terms of article 1 of schedule ii of the court fees act, rather, it should be governed by article 9 of schedule ii as amended by bihar amendment act. ..... the provisions of section 2(2) of the code of civil procedure read with section 26 of the land acquisition act and section 8 of the court fees act, i have no doubt in holding that in an appeal filed under section 54 of the land acquisition act, the appellant is required to pay ad valorem court ..... 'decree' has not been defined in the court fees act, but sub-section (2) of section 2 of the code of civil procedure defines the term 'decree'.5. ..... as to the applicability of this article to appeals in the high court has been caused by the last few words which occur in col 1; 'presented to any civil or revenue court except those mentioned in section'. ..... award shall be deemed to be a decree and the statement of the grounds of every such ward, a judgment within the meaning of section 2, clause (2) and section 2, clause (9), respectively, of the code of civil procedure, 1908.6. .....