Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: kolkata Page 1 of about 2,992 results (0.064 seconds)

Arun Kumar Chamaria Vs. Corporation Bank

Court : Kolkata

Reported in : (2001)2CALLT63(HC)

..... his further contention is that by the aforesaid amendment act the definition of 'debt' has been amended exhaustively to cover all points which might be raised by the debtor as and by way of defence in relation to debt recoverable by the bank. ..... therefore, i am of the view by the amending act the jurisdiction of the civil court to entertain a suit of the debtor the subject matter of which may be a counter-claim, is not ousted ..... business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or under a mortgage and subsisting on, and legally recoverable on, the date of the application.'11. ..... this is what exactly legislature debars the civil court from doing so and that is why by this amendment counter-claim treating the same being cross-suit, has been made triable by the ..... since by way of amendment this counter-claim has been required to be adjudicated by the tribunal it is no longer open to the regular civil court to decide the same dispute involved in counter-claim in a separate cross-suit ..... i do not find anywhere in the said act unlike civil procedure code (order viii, rule 60) any provision empowering the tribunal to decide and determine counter-claim even though the proceeding of bank or financial institution is stayed, discontinued or dismissed.16. .....

Indian Institute of Metals Vs. Vinod Juthani and anr.

Court : Kolkata

Reported in : 2004(4)CHN1

..... an order passed under order 37 rule 5 of the code of civil procedure keeping in view the amendment effected by code of civil procedure (amendment) act, 1976 would be a judgment within the meaning of clause 15 of the letters patent is neither is doubt nor ..... far as the facts are concerned, this part of the defendant's grievance is as excellent and good, as the defence to the claim in regard to the last 5 dishonoured cheques is devoid of any merit to any extent whatsoever ..... it is clear from the above that the judge is free to grant unconditional leave if the defence sought to be disclosed by the defendant is of a substantial nature, or he may grant such leave to defend on terms as may appear to ..... of this order and decree is prayed for but in view of the succession of the dishonoured cheques and the unmeritorious nature of that part of the respondent's defence, which we have brushed off, the prayer is unhesitatingly turned down.33. ..... the defendants would be at liberty to deliver their defence within a period of six weeks from date hereof as regards the claim which we permit them ..... affected but the damage or prejudice caused to him is not direct or immediate but of a minimal nature and rather too remote because the plaintiff still possesses his full right to show that the defence is false and succeed in the suit. ..... does not succeed, the facts stated above are clear enough to indicate that no court of justice should prolong that part of the suit which has no defence to it whatsoever.5. .....

Ava Rani Sengupta and ors. Vs. Laxmi Sengupta and ors.

Court : Kolkata

Reported in : AIR2005Cal84,2004(3)CHN585

..... civil procedure (amendment) act, 1976 and placed strong reliance on section 97 sub-section (3) of the said act:'97 ..... (3) save as otherwise provided in sub-section (2), the provisions of the principal act, as amended by this act, shall apply to every suit, proceeding, appeal or application, pending at the commencement of this act or instituted or filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which such suit, proceeding, appeal or application is instituted or filed, had been acquired ..... the decree being passed in 1973 and the amendment prohibiting the setting up of benami in defence being introduced only in 1976, a point arose whether such prohibition of 1976 would have to be ..... is a substantive right, it was made retrospectively applicable to appeals by the 1976 act amending the code; by reason of that amendment an accrued right came into being in favour of mr. ..... the said section, as amended by the 1976 act, is set out below :'in section 66 of the principal act, in sub-section (1) the following shall be inserted at the end, namely : 'and in any suit by a person claiming title under a purchase so certified, the defendant shall not be allowed to plead ..... 66 prohibited suits against court purchasers or persons claiming under them although it did not then prohibit defences taken against suits by court purchasers or those claiming under them. ..... , and in 1976 when even further to stop defences of benami just like claims of benami.17. .....

Shipping Corporation of India Ltd. Vs. Lee Muirhead Ltd.

Court : Kolkata

Reported in : 2006(3)CHN566

..... of order 6 of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure amendment act, 1999 (46 of 1999) and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure amendment act, 1999 and section 7 of this act.6. ..... application is as to whether the expression 'pleading' as used in section 16 of the amendment act would be construed in the same manner as defined under order 6 rule 1 or a broader meaning shall be applied, so as to bring within the compass of this expression any formal legal document in which a party to a civil proceeding sets forth or responds to allegations, claims denials or defenses.9. mr. ..... and 18 [as they stood immediately before their omission by clause (iii) of section 16 of the code of civil procedure (amendment) act, 1999 (46 of 1999)] the following rules shall be substituted, namely:17. ..... code of civil procedure amendment act, 2002 described henceforth as the said act) is relevant ..... the code of civil procedure under the amendment act, 2002. ..... taken a view contrary to that taken by the hon'ble high court of madras, and held that the proviso to rule 17 of order 6, introduced by the said act was applicable in respect of application for amendment of a written statement, which was filed on 3rd july, 2003, after framing of issues, while the original written statement was filed in the subject suit on 29th september, 1995 .....

Motiur Rahman Mollah Vs. Sk. Ashar Ali and ors.

Court : Kolkata

Reported in : AIR2005Cal119,(2005)2CALLT39(HC),2005(1)CHN478

..... of the code of civil procedure as substituted by the code of civil procedure (amendment) act, 2002 runs as under ..... therefore, the code of civil procedure, as amended by amendment acts of 1999 and 2002, ..... xxxviii of the original side rules permits the court and recognises the power of a judge to enlarge or abridge the time appointed by the rules, or fixed by any order enlarging time, for doing any act or taking any proceeding; upon such terms as the justice of the case may require, and any such enlargement may be ordered, although the application for the same is not made until after the ..... court of a judicial commissioner may make such rules not inconsistent with the letters patent or order or other law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this code.'11 ..... -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 ..... india, while interpreting the provisions of rule 1 of order 8 of the code of civil procedure, observes that there is a legislative mandate under the said rule that the written statement of defence is to be filed within thirty days .....

NabIn Majhi Vs. Tela Majhi and anr.

Court : Kolkata

Reported in : AIR1978Cal440,(1978)2CompLJ150(Cal),82CWN1097

..... the appeal involves interpretation of the new explanation viii which has been added to section 11 of the code of civil procedure by the code of civil procedure (amendment) act, 1976.2. ..... the principal defence of the defendant was that prior to this suit he had instituted a suit against the plaintiffs, being title suit no. ..... the defence plea of previous partition was disbelieved by the learned subordinate judge. ..... one of the conditions that must be fulfilled before the doctrine of res judicata as embodied in section 11 of the code of civil procedure can be invoked is that the court in which the former suit was instituted must be competent to try the subsequent suit. ..... in our view, courts of limitedjurisdiction are courts other than theordinary civil courts. .....

Sayed Ali Mallick and Others Vs. Ramjan Ali and Others

Court : Kolkata

..... the code of civil procedure (amendment) act added a proviso to order 6 rule 17 of the civil procedure code, which ..... hand and to prevent such process from being misused by unscrupulous litigants on the other, one requires to give restrictive meaning to the expression commencement of trial so that the starting point for restricting amendments to pleadings may commence when the proceedings have reached a matured stage and the stage is set to adjudicate issues on the basis of the evidence filed/led by the parties. ..... plaint filed on behalf of the plaintiff, state of madhya pradesh seeking to challenge the validity of central laws in the pending civil suit by way of amendment was turned down, inter alia, on the ground that when such laws can be challenged before the high court under article 226 of the constitution of india or before the apex court ..... framed but no date has been set by the trial court for recording of evidence or for filing of affidavit evidence under order 18 rule 4 of the civil procedure code it cannot be said that all the preliminary steps to trial are complete and the trial has commenced in the light of the ratio of the ..... that by order dated 12.11.2009 the trial court had framed issues in the instant case and had fixed 30.11.2009 for document inspection and ..... in 2006 (6) scc 498 the supreme court permitted amendment of a written statement by incorporating an alternative plea of ownership which, according to the apex court, was in fact elaboration of the defence case. .....

Kanchan Chowdhury. Vs. Bakul Chowdhury

Court : Kolkata

..... the proviso to order vi rule 17 of the code inserted by the code of civil procedure (amendment) act, 2002 ordains as follows : provided that no application for amendment shall be allowed if the trial has commenced, unless the court comes to the conclusion that inspite of due diligence, the party could not have raised the matter before the commencement of trial. 11. ..... having regard to the express terms of section 16(2)(b) of the amendment act, 2002, there can be no doubt that the proviso, extracted (supra), would not be applicable in respect of suits instituted prior to enforcement thereof i.e. ..... order dated september 16, 2010 passed by the learned civil judge (junior division), 2nd court at ranaghat, nadia rejecting an application for amendment of plaint under order 6 rule 17, civil procedure code (hereafter the code) filed in connection with t.s. ..... when the application came up for consideration before the learned judge, it was submitted that the amendments were necessary for determining the real question in controversy and that if the same are allowed, the same would not prejudice the defendant. ..... he contended that the suit was instituted on december 7, 2006 and the defendant disclosed his defence by filing written statement on march 7, 2007. ..... roy relied on the decisions of the supreme court reported in (2009) 10 scc 626 (surinder kumar sharma v. .....

Shaw and Co. Vs. B. Shamaldas and Co.

Court : Kolkata

Reported in : AIR1954Cal369

..... underwent amendment in two significant particulars by the amending act 24 of 1920, to which reference may be made to emphasise the significance of the change in the law ..... in part 10 grants powers to the chartered high courts to make rules 'to regulate its own procedure in the exercise of the original civil jurisdiction as it shall think fit', the only limitation therein set out being that such rules shall not be 'inconsistent with the letters patent', which does not mean that they cannot be inconsistent with ..... the third defence which has been urged is that the words 'within the said period' in order 9, rule 5 of the code should be read out as qualifying the time within which the application for fresh summons has to be made, but as words qualifying the period of time for which explanation under (a) or (b) or (c) of order 9, rule 5(1), civil p. c. ..... taking up the first defence that of order 9, rule 5, civil p. c. ..... that the suit shall be dismissed is a part of such defence as any other point of limitation. ..... , therefore, order 9, rule 5 of the code prima facie is applicable to the ordinary original civil jurisdiction of this chartered high court. ..... has no application to the ordinary original civil jurisdiction of this high court, the argument is developed in this ..... the second defence is that the court, through its master as delegate of its power in this respect,has already ordered a fresh summons, and unless that order of 7-7-1953 is set aside, the demand for dismissal of the suit cannot .....

Sailaja Kanta Mitra and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1971Cal137,75CWN804

..... have extracted in this judgment and discussed above and the principle of law laid down by the supreme court in jugal kishore sinha's case convince us that the arbitrator under the defence of india act is not only a court but is also a court of civil jurisdiction as the arbitrator shall have the like powers and shall follow the like procedure as the court has and follows in the exercise of its ordinary original ..... with the proposition as to whether an arbitrator, appointed under section 19 (under section 19-a) inserted by the defence of india (fourth amendment) ordinance, 1945 (order xlv of 1945) and by or under any rule made under the defence of india act, 1939 read with the rules regarding arbitration for settlement of compensation payable under section 19 of the defence of india act, 1939, framed by the governor of bengal by notification no. ..... improvement act, 1911, amended by the amending act of 1955 (west bengal act, xxxii of 1955), section 77-a was inserted in that act substituting section 3 of the calcutta improvement (appeals) act, ..... section 19 of the defence of india act, 1939 provides for compensation to be paid in accordance with the certain principles for compulsory acquisition of immovable property, while section 19-a added by the defence of india (fourth amendment) ordinance xlv of 1945 provides ..... held:--'it will thus appear that in declaring the land values in these cases we must guide ourselves by the terms of the defence of india act as amended by ordinance xlv of 1945. .....