Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: kolkata Page 5 of about 2,992 results (0.109 seconds)

Superintendent and Remembrancer of Legal Affairs Vs. D.B. Futnani and ...

Court : Kolkata

Reported in : AIR1945Cal402

..... it should be added that on 1st september, the imperial parliament had passed the government of india (amendment act), 1939, introducing a new section 126a extending the executive authority of the federation, and the power of the federal legislature to make laws conferring powers and imposing duties on officers of the federation, notwithstanding that ..... 20) wherein he stated:without prejudice to my rights to proceed against the firm for violating the requisition (sic) duly made under the rules framed under the defence of india act and to recover the loss caused thereby, i confirm that i have given you liberty to supply the goods which were disposed of wrongfully by you by buying the same from the local market or elsewhere, leaving ..... a further passage quoted from the same judgment is of special interest when war legislation like the defence of india act is under consideration:again it is contended that should section 6, war measure act, be construed as urged by the counsel for the crown, the powers conferred by it are so wide that they involve serious danger to our ..... the defence of india rules, instead of providing fairly detailed rules for the method of informing those concerned of the existence of orders affecting them in the manner in which provision is made for giving information as regards suits, for example, in the code of civil procedure, have left to the authorities empowered to pass orders under the defence of india rules, a wide discretion as to the manner of giving such .....

Abdul Kafi Khan Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1979Cal354

..... it is true that article 226 was amended by the constitution (15th amendment) act, 1963, whereby clause (1-a) to article 226(1) was incorporated and such incorporation has enlarged the territorial jurisdiction of the high court in writ matters, so as to include places within which the cause of action ..... by an authority lower in rank than the appointing authority of the petitioner, the petitioner was not allowed to be present in the proceedings; private number, although asked for, was not supplied, the disciplinary authority acted with bias and prejudiced mind or notion, because he was the person who issued the charge-sheet and was also a member of the fact finding enquiry and there was violation of the provisions as contained ..... applicable in this case as the cause of action arose before the amendment of section 141 by the amendment act of 1976 and the more so when such amendment is not retrospective. ..... also contended by her that the enquiry and so also the proceedings thereunder or the findings as arrived at, were vitiated as neither he nor his defence helper or the enquiry officer, has signed them duly.8. ..... would apply to writ proceedings under article 226, which are proceedings in court of civil jurisdiction attracting section 141. ..... contended that the provision of the civil p. c. ..... the issues involved, as the location of the general manager's office here, within the jurisdiction of this court, would bring the case fairly and squarely within section 20 read with section 141, civil p. c. .....

Kokarmal Gurudayal Vs. Sagarmal Bengani

Court : Kolkata

Reported in : AIR1972Cal430,1973CriLJ162,76CWN486

..... delivery of possession struck out: where a decree for the recovery of possession of any premises was passed before the commencement of the west bengal premises tenancy (amendment) act, 1968, in a suit in which the defence against delivery of possession was struck out by an order under sub-section (3) of section 17, hut the possession of such premises has not been recovered from the tenant by the execution of such decree, the ..... has said that the true meaning of the maxim is that parties cannot excuse themselves from liability from all civil or criminal consequences of their acts by alleging ignorance of the law, but there is no presumption that the parties must be taken to know all the legal consequences of their acts, and especially where difficult questions of law, or of the practice of the1 court arc involved.70. ..... council has said that if the court holds that the suit is not maintainable by reason of failure to comply with notice under section 80 of the civil procedure code, findings given on merits are obiter and do not support the plea of res judicata either in favour of or against a party. ..... decided that as the language of section 30 of the civil procedure act, 1833 was 'prospective only' it could not apply to any proceeding which took place before the act was passed. ..... dismissed in 1885, as barred by section 244 of the civil procedure code. ..... in this court against the judgment and decree of the appellate court- on april 20, 1966, a division bench of this court in civil rule no. .....

Ashok Kumar Bhagnani Vs. Mansur Ahmed and Anr.

Court : Kolkata

..... suit being instituted by the landlord for eviction on any of the grounds referred to in section 6, tenant shall, subject to the provisions of sub-section (2) of this section, pay to the landlord or deposit with the civil judge all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment is made together with interest at the rate of ten per ..... tenant fails to deposit or pay any amount referred to in sub-section (1) or sub-section (2) within the time specified therein or within such extended time as may be granted, the civil judge shall order the defence against delivery of possession to be struck out and shall proceed with the hearing of the suit. ..... 7 (1) and (2) of the said act, the defendants stated that they came to know about the 2005 amendment to the said act whereby the words rent controller were replaced by the words civil judge , only after the plaintiff filed the ..... chandra (supra) in support of his submission that there is a duty cast on the court to strike out the defence if there is a failure of the tenant to deposit the arrears of rent within the time period prescribed by the relevant ..... the said act for striking out the defence of the ..... act for striking out the defence. ..... such technical default, the defence ought not to be ..... rejected whether on merits or because of con-condonation of delay, then the application for striking out the defence should succeed. ..... hence, the defence of the defendants is liable .....

Ranipet Chemicals and Engineering Co. Pvt. Ltd. Vs. Swastik Stainless ...

Court : Kolkata

Reported in : AIR1986Cal76

..... on 15th may, 1978 an order was made directing the appellant to give inspection of the documents disclosed in its affidavit of documents within one week after summer vacation 1979 and in default thereof the defence of the appellant, if any, was directed to be struck off and the suit was directed to be transferred to the appropriate list of undefended suits and was to be heard and determined ex parte. ..... as amended, if the defendant fails to comply with any order for inspection of documents his defence would be struck out and he would be placed in the same position as if he had not defended and the party seeking inspection may apply to court for an order to that effect and an order may be made ..... passed in the said application directing the appellant to allow the respondent inspection of the documents disclosed by the appellant within one week after the summer vacation and in default thereof the appellant's defence was directed to be struck out and the suit would be transferred to the undefended list. ..... in the instant case no application was made for striking out the defence for non-compliance with the order for giving inspection of the documents by the appellant in compliance with ..... according to the appellant, as no order was made striking out the appellant's defence the said suit could neither be placed in the undefended list nor the same could be decreed as an ..... the civil p.c ..... parties to act on a signed copy of the ordering portion of this judgment upon usual undertaking.prabir kumar .....

Union of India (Uoi) Vs. the East Bengal River Steamer Service Ltd.

Court : Kolkata

Reported in : AIR1964Cal196

..... useless, used, requisitioned or acquired by, or otherwise placed at the disposal or under the control of, the central government or a provincial government and the circumstances are not such as to render the provisions of section 19 of the defence of india act, 1939, applicable, the owner of such property shall be paid such compensation for any loss he may have sustained as a result of such removal, destruction, rendering useless, use, requisitioning, acquisition, disposal or control as may be ..... order is the foundation of the plaintiff's claims and should therefore be set out in extenso:-- 'in exercise of the powers conferred by sub-rule (2) read with sub-rule (5) of the rule 89 of the defence of india rules, the central government is pleased to order that the companies specified in the schedule hereto annexed snail comply with any directions given from time to time by the deputy director of movement, cal- ..... order 16 rule 11 of the rules of the supreme court in england is in terms practically the same as order 1 rule 9 of the code of civil procedure and i am of the opinion that order 1 rule 9 will apply to the facts of this case on the same reasoning on which lord esher applied order 16 rule 11 of the rules of the ..... defence of realm (amendment ..... an amended statement of claim was then delivered to geisel who took out a summons to have the action stayed until ..... one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.' 53. .....

Dhani Ram Shaha Vs. Bhagirath Shaha and ors.

Court : Kolkata

Reported in : (1895)ILR22Cal692

..... brought, being suits numbered 958 and 959, by certain of the defendants, who are among the pro forma defendants, against the plaintiff, and the remaining defendants, in which the accounts were adjusted by the civil court amin, and the debts and dues of all the partners were determined by the court as mentioned in schedule ii of the plaint; and that, according to the said accounts, a sum of 233 rupees 11 annas 5 gundas was ..... the result then is, that the case should, in my opinion, go back to the first court, with direction to that court to amend the plaint under section 53 of the code of civil procedure by omitting the statement about the dues of all the partners having been determined in the former suit, and inserting the alternative prayer for an account referred to above, subject to the condition that the ..... for the suit as framed is one for a certain sum of money, being the plaintiff's share of the profits of a dissolved partnership based on the allegation that the accounts of the partnership have already been adjusted by the civil court amin, and the debts and dues of the partners determined by the court in two former suits definitely referred to, or for such other relief as the court may deem fit. ..... 468 their lordships of the privy council allowed an amendment of the plaint, considering that 'a new suit would probably be met by a plea of the act of limitation,' and that 'in the circumstances of the case such a defence is inequitable. .....

Charan Santhal Vs. Indrajit Sen and ors.

Court : Kolkata

Reported in : AIR1979Cal256,82CWN1119

..... this, according to the learned judges, was the position in law until the amending act 33 of 1974 when on the amendment of section 18 and section 21 the adjudication of a dispute as to whether a person is a bargadar or not ..... had been rightly pointed out by the learned additional district judge that there is hardly any evidence on record to substantiate the defence claim of tenancy apart from the oral evidence which on due consideration has been disbelieved by the learned judge in the court of ..... 1 on a finding that he is a bargadar and when he has been evicted in execution of such an award, to allow the civil court to adjudicate the said issue once more would only mean that the defendant can be restored to possession on a declaration that he is a tenant and that in no uncertain terms ..... issue is merely an incidental decision and notwithstanding the said decision the civil court would still have the jurisdiction to go into that question afresh ..... jurisdiction of the special tribunal, namely, the bhagchas board and whatever decision the tribunal may have arrived at being merely incidental cannot oust the jurisdiction of the civil court to redetermine the said issue and decide the true status of defendant no. 1. mr. ..... conclusively but even then therein it was observed that in the matter of determination of the question as to whether a person is a bargadar or not under section 18(2) the ouster of the civil court's jurisdiction would be to the extent necessary for the purpose of section 18(1). .....

Nirmal Chakravarti and ors. Vs. the Land Acquisition Collector, Alipur ...

Court : Kolkata

Reported in : AIR1953Cal257

..... first instance under the defence of india rules for military purposes and it is in continuation of the proceedings taken for acquisition under the defence of india rules that steps under the land acquisition act were taken and so the award is really an award in respect of the acquisition under the defence of india rules proceedings and so the provisions of the code of civil procedure will apply and the land acquisition collector has power to amend or correct the award as ..... 5 of the said affidavit, it is stated that the land acquisition collector considered the application for amendment of the award in the presence of the parties and the advocates appearing on behalf of the parties ..... further stated that prior to the acquisition under the land acquisition act, the lands had been requisitioned by the government for military purposes under the defence of india rules and possession had been taken, but subsequently notice of derequisition was served upon opposite party 3, but before possession was re-delivered, proceedings under the land acquisition act for acquisition of the property were started.4. ..... that the land acquisition collector having made an award in favour of the receiver, the award became final and conclusive under section 12, land acquisition act and after that there is no power in the land acquisition collector to amend his award. ..... state of facts, the matter must be governed by the provisions of the land acquisition act and there is no question of section 152 civil p.c. .....

Debasish Ghosh Vs. Smt. Soma Ghosh

Court : Kolkata

Reported in : II(1994)DMC281

..... from the materials on records, it appears that after all other stages, excepting arguments, had been completed, an application was made, on behalf of the wife/petitioner under order 6, rule 17, of the code of civil procedure for amendment of her written statement by incorporating allegation of impotency of the plaintiff-husband. ..... the present civil revisional application raises a short but important question relating to right of a party to amend the written statement in a matrimonial suit, instituted under section 12(1)(a) of the hindu marriage act for annulment of marriage. ..... not having done so, a question has been raised as to whether by way of amendment, at a belated stage, such a defence, which could, otherwise, have been a relevant defence, be allowed to be pleaded. ..... the learned trial judge, in spite of the aforesaid state of facts, allowed the application for amendment by the impugned order, which has been assailed in the present revisional application, on behalf of the husband, as mala fide, belated and wholly unnecessary.2. ..... provisions of order viii of the code of civil procedure vests a defendant, in such a suit, with a right to plead impotence of the plaintiff and in the instant case, therefore, the defendant could have very well pleaded such a defence in her original written statement. ..... a defence, based on the impotence of the plaintiff, therefore, cannot be said to be irrelevant in a proceeding under section 12(1)(a), of the hindu marriage act. .....