Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Page 12 of about 105,782 results (0.160 seconds)

Rambhau S/O. Bapurao Deshmukh Vs. Narayan S/O. Sitaramji Ukande and or ...

Court : Mumbai

Reported in : 1995(4)BomCR611

..... on sufficient cause being shown and on such terms and conditions as it may deem fit to impose, restore the suit for proceeding or may hear the party in defence, as the case may be, if the party that has been responsible for the default or contravention or breach as aforesaid makes amends for the default or contravention or breach to the satisfaction of the court; provided that before passing any order under this sub-rule notice shall be given ..... argument is that the provisions of order xv-a or the provisions of order 39, rule 11 were introduced only by the amending act dated 5-9-1983 and, therefore, since the earlier order directing payment of rent was made prior to these amendments, its non-compliance could not be taken care of under these amended provisions as amended provisions were prospective and not retrospective. ..... original order 39 was amended and rule 11 was added by the same amending act with effect from 5-9-1983. ..... to the parties likely to be affected by the order to be passed'.shri gulhane contended that the application for depositing the rent was filed under section 151 of civil procedure code and not under order 39, rule 10 or ..... contended that presumably the court had acted under the provisions of order xv-a, rules 1 and 2 of civil procedure code. .....

Kerala Nadvathur Mujahideen Vs. HussaIn Madvoor

Court : Kerala

Reported in : 2007(1)KLT92

..... council, election of the state executive followed by the election of the president, general secretary and other office bearers, within a time frame to be fixed by the court.the pleading introduced by the amendment of the written statement is that all elected office bearers of the plaintiff society automatically ceased to hold office at the end of 2002 by efflux of time and no elections have been held after ..... a counter claim by the provisions of c.p.c amendment act 104 of 1976. ..... 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 he delivered his defence or before the time limited for delivering his defence has expired, whether such a counter claim is raised in the nature of a claim for damages or not. ..... p4 application under order vi rule 17 of code of civil procedure (hereinafter called as the code) for permission to amend the written statement raising a counter claim to appoint a commissioner to conduct the elections to the executive committee of the ..... that a counter claim in a civil suit could be raised under any of the three modes of pleading as declared by the apex court and therefore a counter claim could definitely be raised even after filing of the original written statement, either by filing a subsequent pleading as provided under order viii rule 9 or by amending the written statement as provided under ..... are three modes of pleading or setting up acounter claim in a civil suit. .....

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... on this court was repelled saying that since the 1991 amendment was not there, the non-raising of the said defence cannot preclude the revenue from raising the said plea after the coming into force of the amendment act ..... law it has asked itself the wrong question.with great respect to the learned author, i would adopt the above statement of law, as my own.i would conclude this aspect by holding that the jurisdiction of civil courts is not barred in entirety regarding the attack against the levy and/or claim for refund; in those cases, coming within the three categories mentioned in paras 5 and 29 of this judgment, the jurisdiction ..... by different assessees for refund of excise duty paid by them under mistake of law arise over a period of years, and the claims were made in different proceeding - before the departmental authorities, by way of civil suits and writ petitions under article 226 of the constitution, which are in appeal before us.broadly, the basis for the various refund claims can be classified into 3 groups or categories:(i) the levy is unconstitutional ..... find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court.where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary to see if the statute creates a special right or a liability and provides for the determination of the right or liability and further .....

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 .....

Lt Foods Ltd. Vs. Sachdeva and Sons Rice Mills Ltd. and ors.

Court : Delhi

..... question that whether it was open to the respondent no.1 to take a new ground of defence by way of amendment of its written statement for we have already noted herein above that it is settled legal position that it is open to a defendant to take a new ground of defence by amending its written statement.18 ..... full bench took the view that the trial of the claim in the alternative in one suit would tend to avoid a multiplicity of suits, in compliance with section 42 of the code of civil procedure, which provides that every suit shall, as far as practicable, be so framed as to afford ground for a final decision upon the subjects in dispute , and so to ..... the backdrop facts leading to filing of the above captioned appeal are that on april 08, 2009 the appellant filed a suit being cs (os) no.653/2009 on the original side of this court inter-alia praying for a decree of permanent injunction restraining the respondent no.1 or any other person acting under its authority from using the trade mark heritage as part of its trade name indian heritage select/indian heritage/heritage select ..... the supreme court observed as under: a plaintiff may rely upon different rights alternatively and there is nothing in the civil procedure code to prevent a party from making two or more inconsistent sets of allegations and claiming relief thereunder ..... xix rule 4 of the rules of supreme court (england) corresponding to order vi rule 2 of the code of civil procedure in the decision reported as (1887) 35 ch d492owen vs .....

Subhash Chand Sethi Vs. J.K. Jain

Court : Delhi

..... by reason of the civil procedure code (amendment) act, 2002 (act 22 of 2002), the parliament inter alia inserted a proviso to order vi 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 ..... where the proposed amendment has to be dealt with under order vi rule 17 cpc as it stands amended vide civil procedure code (amendment act), 2002. ..... court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real question in controversy between the parties: 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 ..... it was submitted that `leave' to amend the written statement was filed for the purpose of elaborating the defence which had already been taken by the defendants and in that view of the matter, this court should not exercise its jurisdiction under article 136 of the constitution of india particularly when it is well-known that an application for amendment of written statement should be dealt with ..... 2009 ..... , vii (2009) slt 537 and rajesh kumar aggarwal and ..... , vii (2009) slt 537 and rajesh kumar aggarwal and .....

Oil And Natural Gas Corporation Ltd. Vs. Afcons Gunanusa Jv

Court : Supreme Court of India

..... -claim in respect of which the default has occurred; (iv) though a counter-claim may arise from similar facts as a claim, the counter-claim is not a set off and is not in the nature of a defence to the claim; and (v) a counter-claim will survive for independent adjudication even if the claim is dismissed or withdrawn and the respondent to a claim would be entitled to pursue their counter-claim regardless of the pursuit ..... 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 ..... be in tandem with 23 (2009) 4 scc523( singh builders ) 24 (2012) 1 scc45525 law commission of india, amendments to the arbitration and conciliation act 1996 (246th report, august 2014) available at accessed on 29 june 2022 ( lci246h report ) 24 part b the legislative intent and the object that was sought to be achieved with the introduction of the fourth schedule; (xvi) the proviso to section 38(1) of the arbitration act, providing for a separate deposit ..... 129 sarkar s code of civil procedure notes that a counter-claim is an independent action and not a defence to the plaintiff s original claim159: the provisions of rule 6a(1) are in substance similar to those of rsc, 1965 [ .....

Lucknow Nagar Nigam Vs. Kohli Brothers Colour Lab Pvt Ltd

Court : Supreme Court of India

..... provisions of section 8, deal with any money paid to him under the civil appeal @ slp (c) no.17402 of 2017 page 36 of 143 defence of india rules, 1962 or the defence of india rules, 1971 as the case may be or under this act and any property vested in him under this act in such manner as the central government may direct.10.8 the powers of custodian in respect of enemy property vested in him as amended are delineated in section 8 which reads as under: 8. power of custodian in respect of ..... consequently, the ministry of urban development, government of india vide order no.11025/ 26/2003 ucd dated l7.l2.2009 issued a clarification/direction regarding the levy of taxes and service charges in light of the judgments passed by this court. ..... state of uttar pradesh, (2007) 11 scc324held that service charges are a fee and cannot be said to be hit by article 285 of the constitution; civil appeal @ slp (c) no.17402 of 2017 page 13 of 143 g) that pursuant to this court s orders dated 19.11.2009 in rajkot municipal corporation vs. ..... the relevant portion of the said clarification/instructions dated 17.12.2009 is as follows: (1) the uoi & its departments will pay service charges for the services provided by appellant municipal corporations. ..... union of india, civil appeal no.9458-63 of 2003 ( rajkot municipal corporation ), the ministry of urban development, government of india issued clarification/instructions dated 17.12.2009 to all secretaries (urban development) of all state governments. .....

Prabhakar Madhavrao Mule Vs. Bhagwan Mitharam Choudhari

Court : Mumbai

Reported in : 2004(5)BomCR568; 2004(2)MhLj1058

..... in that case, the suit was instituted before commencement of amending act 2002 and, therefore, the court held that the provisions of order 5, rule 1 and order 8, rule 1 of code of civil procedure are not applicable to the said suit and, therefore, the court, in its discretion, may permit filing of written statement even beyond the period of 90 days. ..... in the instant case, by virtue of order 8, rule 1 of the code of civil procedure, the defendant has to file written statement of his defence within a period of 30 days from the date of service of suit summons. ..... it begins with:'no pleadings subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the court and upon such terms as the court thinks fit. ..... after lapse of 30 days, the defendant can be permitted to file written statement of his defence on such other date as may be specified by the court for the reasons to be recorded in writing but which shall not be latter than 90 days from the date of service of summons. ..... in short, the defendant tailed to file written statement of his defence within 90 days from the date of service of suit summons. ..... therefore, in any case, the defendant is required to file written statement of his defence within 90 days from the date of service of summons. ..... 'it means, no subsequent pleadings after filing of the written statement of the defendant, shall be presented except by way of defence to set-off or counterclaim. .....

Chintaman Sukhdeo Kaklij and ors. Vs. Shivaji Bhausaheb Gadhe and ors.

Court : Mumbai

Reported in : 2004(5)BomCR573; 2004(4)MhLj739

..... . after its amendment by the amendment act of 1999, the said provision was re-enacted as follows :'(1) when a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and to file the written statement of his defence, if any, on such day within thirty days from the day of institution of the suit as may be specified therein;provided that no such summons shall be issued when a defendant has appeared ..... the provisions of order 8, rule 1, civil procedure code as amended by act of 22 of 2002 are directory in ..... the true scope of order 8, rule 1 of civil procedure code after 2002 amendment act ..... those objectives in mind, we will have to consider whether and to what extent the provisions of the amended civil procedure code, insofar as the filing of the written statement is concerned, have to be read ..... , held that by virtue of recent amendment to the civil procedure code by act 22 of 2002, there is no alternative for the defendant to file written statement within 30 days from the date of service of suit summons and by virtue of proviso to rule 1, order 8 of the civil procedure code, the written statement can be allowed to be filed on such other day for reason to be recorded in writing, but in any case not later than 90 days from the ..... the provisions of rules 9 and 10 of order 8 cannot be ignored totally while considering the power of the civil court to allow the defendant to file his written statement beyond the period of 90 days as stipulated under .....