Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Court: supreme court of india Page 1 of about 14,549 results (0.220 seconds)

Bank Of Rajasthan Ltd. Vs. Vck Shares And Stock Broking Services Ltd.

Court : Supreme Court of India

..... period of thirty days, the presiding officer may, in exceptional cases and in special circumstances to be recorded in writing, extend the said period by such further period not exceeding fifteen days to file the written statement of his defence; (ii) where the defendant makes a disclosure of any property or asset pursuant to orders passed by the tribunal, the provisions of sub- section (4a) of this section shall apply to such property or asset; 23 (iii) in case of non-compliance of any order ..... . [(22a) any recovery certificate issued by the presiding officer under sub-section (22) shall be deemed to be decree or order of the court for the purposes of initiation of winding up proceedings against a company registered under the companies act, 2013 (18 of 2013) or limited liability partnership registered under the limited liability partnership act, 2008 (6 of 2009) or insolvency proceedings against any individual or partnership firm under any law for the time being in force, as the case may be.] ..... it was thus submitted that the jurisdiction of the civil court would remain intact even after the amendment to the rdb act effected in the year 2000, whereby the provisions for set-off and counterclaims were included under section 19 of the rdb act. ..... 1 (2009) 8 scc646 7 proceedings before this court:13. .....

M/s.muthoot Leasing And Finance Ltd. Rep. By Its Managing Director Vs. ...

Court : Supreme Court of India

..... and others16, wherein in the context of levy of service tax by section 65(105)(zm) read with section 65(12) of the finance act, 1994, as amended, banking and financial services were brought to tax. ..... the common question which arises for consideration in this batch of civil appeals is: whether the appellants assessees are liable to pay tax under the interest-tax act, 19741 on the interest component included in the hire-purchase instalments paid under the hire ..... savings and investment corporation limited (supra), this court noticed that prior to 1st october 1991, the word interest in section 2(7) was defined so as to include any amount 9 (2009) 17 scc43 10 (2015) 15 scc483 civil appeal nos.10201-10202 of 2010 & ors. ..... bank of patiala through general manager (supra) also draws distinction between the broad definition of the expression interest in the income tax act, 1961 vide section 12 (2008) 296 itr601 civil appeal nos.10201-10202 of 2010 & ors. ..... arising out of special leave petition (civil) no.4441 of2011 civil appeal nos.10201-10202 of 2010 ..... substantial part thereof on behalf of such hirer who is the real purchaser but does not pay the full price, then such agreement is in the nature of a security for re-payment of the loan and is civil appeal nos.10201-10202 of 2010 & ors. ..... accepted, for it overlooked the essence of the hire-purchase agreement, which was that the hire includes not only what would be payable really as hire 15 air1965sc1082 civil appeal nos.10201-10202 of 2010 & ors. .....

P.A. Jayalakshmi Vs. H. Saradha and ors.

Court : Supreme Court of India

Reported in : JT2009(13)SC428; (2009)6MLJ1138(SC); 2009(II)OLR(SC)556

..... be any doubt or dispute that the courts should be liberal in allowing applications for leave to amend pleadings but it is also well settled that the courts must bear in mind the statutory limitations brought about by reason of the code of civil procedure (amendment) acts; the proviso appended to order vi rule 17 being one of them.in north eastern railway administration, ..... by reason of the civil procedure code (amendment) act, 2002 (act 22 of 2002), parliament inter alia inserted a proviso to order 6 rule 17 of the code, which reads as under:provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.it ..... by reason of code of civil procedure (amendment) act, 1976, measures have been taken for early ..... high court committed a serious error in passing the impugned judgment insofar as they failed to take into consideration that in effect and substance, appellant's application should have been treated to be one for amendment of written statement as envisaged under order vi rule 17 of the code of civil procedure and not one for leave to file additional pleadings as envisaged under order viii rule 9 thereof. ..... not unmindful of the decisions of this court where a defendant has been allowed to amend his written statement so as to enable him to elaborate his defence or to take additional pleas in support of his case. .....

Ashok Kumar and ors. Vs. Rishi Ram and ors.

Court : Supreme Court of India

Reported in : AIR2002SC2520; 2002(4)AWC2428(SC); JT2002(5)SC99; 2002(5)SCALE10; (2002)5SCC641; [2002]3SCR1158; 2002(2)LC1139(SC)

..... civil laws amendment act, 1972 with effect from september 20, 1972 and rule 5 was inserted in order xv of the civil procedure code which deals with disposal of the suit at the ..... 's case (supra) was sought to be distinguished on the ground that therein the court was dealing with an ordinary civil suit governed by the provisions of the code of civil procedure requiring framing of issues whereas in that (advaita nand) case the suit was filed before the judge. ..... act says that the provisions of the said act shall have effect notwithstanding anything inconsistent therewith contained in the transfer of property act or in code of civil procedure, therefore, the definition contained in clause (a) of explanation to sub-section (4) of section 20 of the act will prevail over the definition contained in rule 5 of order xv of the code of civil procedure as applicable to the state ..... we are of the view, therefore, that the date of first hearing as defined in the said act is the date on which the court proposes to apply its mind to determine the points in controversy between the parties to the suit and to frame issues, ..... it is permissible under the code for the defendant to file a written statement even thereafter but prior to the first hearing when the court takes up the case, since there is nothing in the said act which conflicts with the provisions of the code in this behalf. ..... useful to refer to the provisions of order v of code of civil procedure insofar as they are relevant for our purpose.8. .....

Southern Sales and Services and ors. Vs. Sauermilch Design and Handels ...

Court : Supreme Court of India

Reported in : 2008(6)ALT59(SC); 2008(4)AWC3846(SC); IV(2008)BC470(SC); JT2008(11)SC236; 2009(1)KarLJ322; 2008(4)KLT341(SC); (2008)8MLJ1127(SC); 2008(13)SCALE287:2008AIRSCW7339

..... may be given unconditionally or subject to such terms as to payment into court, giving security, framing and recording issues or otherwise as the court thinks fit.by virtue of the code of civil procedure (amendment) act, 1976, rule (3) of order 37 was substituted by rule 3 as it now exists and introduced various changes of which one of the more significant changes was the introduction of sub-rules ..... /appellant it was urged that the consistent view taken by this court in relation to summary trials under order 37 of the code is that when a court is satisfied that a triable issue has been raised in defence of the claim made on behalf of the plaintiff, unconditional leave has to be granted to the defendant to contest the suit and no direction could be given while granting such leave to the defendant to deposit any ..... the court or judges to be just: provided that leave to defend shall not be refused unless the court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, ..... the said order, the respondent company moved in revision before the high court which after considering the submissions made and the defence taken by the defendant/appellant came to the conclusion that a triable issue had been raised in the suit which would .....

Bollepanda P. Poonacha and anr. Vs. K.M. Madapa

Court : Supreme Court of India

Reported in : AIR2008SC2003; 2008(2)AWC1817(SC); (SCSuppl)2008(3)CHN90; 2008(2)CTC523; [2008(3)JCR34(SC)]; 2008(4)KarLJ489; 2008(2)KLT9(SC); (2008)3MLJ998(SC); 2008(3)MPHT110(SC); 2008(2)LH(SC)1305; 2008(2)KCCR1009; 2008(4)AIRKarR26; 2008(2)Supreme733; 2008AIRSCW2895

..... to coming into force of the code of civil procedure (amendment) act, 1976, the court could treat a counter claim ..... be ordered to be delivered by a fixed date and on default; the same shall be delivered to the defendant by the due process of the court.the said application has been allowed by the learned civil judge by an order dated 12.10.2006, opining that the cause of action for filing the said counter claim arose prior to filing of the written statement. ..... : air1996sc1087 , this court clearly held;.the limitation was that the counter-claim or set-off must be pleaded by way of defence in the written statement before the defendant filed his written statement or before the time limit for delivering the written statement has expired, whether such counter claim is in the nature ..... of the decisions of this court where a defendant has been allowed to amend his written statement so as to enable him to elaborate his defence or to take additional pleas in support of his case.12. ..... 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;(emphasis supplied)7. ..... of any right or claim, the cause of action therefor, however, must accrue either before or after the filing of the suit but before the defendant has raised his defence. .....

Pt. Rishikesh and anr. Vs. Salma Begum (Smt)

Court : Supreme Court of India

Reported in : JT1995(4)SC401; 1995(3)SCALE354; (1995)4SCC718; [1995]3SCR1062

..... whether section 97(1) and (3) and of the central civil procedure code (amendment) act, 1976 are retrospective and the orders passed before 1.2.1977 striking off the defence for non- compliance of rule 5 are to be set aside?7. ..... civil laws (reforms and amendment) act, 1.976 is consistent with the provisions of the principal act as amended by the central civil procedure code (amendment) act, 1976 and stands repealed?2. ..... it was observed thus:(i) the object of section 97 of the amending act appears to be that on and after february 1, 1977 throughout india wherever the code was in force there should be same procedural law in operation in all the civil courts subject to course to any future local amendment that may be made either by the state legislature or by the high court, as the case may be in accordance with law. ..... the central act being an amending act to the code of the civil procedure act 5/1908 existing at the commencement of the constitution appropriate amendments are permissible. ..... until such amendment is made the code as amended by the amending act along should govern the procedure in civil courts which are governed by the code. ..... civil laws (amendment) act, 1972 and substituted by new rule 5 of the u.p. ..... civil laws (reforms and amendment) act 57/76 on december 13, 1976 reserved for consideration and received the assent of the president on december 30, 1976. ..... civil laws (amendment) act 37/1972 and u.p. ..... civil laws (reforms and amendment) act, 1976, u.p. .....

Bal Gopal Maheshwari and ors. Vs. Sanjeev Kumar Gupta

Court : Supreme Court of India

..... civil laws (amendment) act, 1972 and the said rule reads as follows: 5. ..... after long delay, the respondent filed his written objection on 3rd april, 1999 against which the appellant-plaintiffs filed an application for striking off the defence on the ground that the respondent failed to deposit the rent, the damages due and the cost of the suit inspite of order dated 16th december, 1998, the first date of hearing and also failed to ..... satpal (2003) 8 scc 35.this court noticed the discretionary power of the trial court in the matter of striking off defence under order xv of rule 5 as in the said case trial court refused to strike off the defence of the tenant on the ground that a substantial question of jurisdiction was involved. ..... there is a reserve of discretion vested in the court entitling it not to strike off the defence if on the facts and circumstances already existing on the record it finds good reason for not doing so ..... sub-rule (2) obliges the court, before making an order for striking off the defence to consider any representation made by the defendant in that behalf. ..... this court held that refusal to strike off defence and acceptance of deposit of arrears of rent was justified.15 ..... explanation 1-3 * * * * (2) before making an order for striking off defence, the court may consider any representation made by the defendant in that behalf provided such representation is made within ten days of the first hearing or, of the expiry of the week referred to in sub-section (1), as the case .....

Bimal Chand JaIn Vs. Sri Gopal Agarwal

Court : Supreme Court of India

Reported in : AIR1981SC1657; 1982(2)SCALE1384; (1981)3SCC486; [1982]1SCR124

..... civil laws (amendment) act ..... in a suit for ejectment of a lessee and for recovery of arrears of rent, does the court enjoy any discretion not to strike off the defence in case the defendant has defaulted in depositing the rent and has also failed to make any representation within the terms of rule 5 of order xv, ..... during the pendency of the suit the respondent filed an application praying that the appellant's defence be struck off in view of rule 5 of order xv, cpc, inasmuch as the appellant had committed default in depositing the rent ..... there is a reserve of discretion vested in the court entitling it not to strike off the defence if on the facts and circumstances already existing on the record it finds good reason for not ..... (2) obliges the court, before making an order for striking off the defence to consider any representation made by the defendant in that behalf. ..... (2) before making an order for striking off defence, the court may consider any representation made by the defendant in that behalf provided such representation is made within ten days of the first hearing or of the expiry of the week referred to in sub-section (1) as ..... ruling of the allahabad high court that in those circumstances the court was obliged to strike off the defence, that trial court did exactly that. ..... always be a matter for the judgment of the court to decide whether on the material before it, notwithstanding the absence of a representation under sub-rule (2), the defence should or should not be struck off. .....

D.N. Malhotra Vs. Kartar Singh

Court : Supreme Court of India

Reported in : JT1988(1)SC213; 1988(1)SCALE223; (1988)1SCC656; [1988]2SCR833; 1988(1)LC572(SC)

..... one year prior to or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the east punjab urban rent restriction (amendment) act, 1985, whichever is later, applies to the controller along with a certificate from the authority competent to remove him from service indicating the date of his retirement and his affidavit to the effect ..... or within one year after the date of his retirement or after his retirement but within one year of the date of commencement of the east punjab urban rent restriction (amendment) act, 1985, whichever is later, to the controller along with a certificate from the authority competent to remove him from service for directing the tenant to give him possession of the premises. ..... there was no provision for a specified landlord after his retirement to make an application for ejectment of his tenant within one year after commencement of the amended act as occurs in the punjab act the ratio of the decisions in those cases cited before the court would not apply. ..... 694-ba within kapurthala municipality; that he was in arrears of rent since 22nd december, 1984; that the landlord retired from the service of government of india, ministry of defence on 20th may, 1949 and his service was thereafter transferred to the ministry of rahabilitation from where he was discharged on 30th november, 1965 on the abolition of the ministry; that ..... civil revision ..... the judgment and order passed in civil revision no. .....