Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Page 6 of about 105,782 results (0.213 seconds)

Carlos Alberto Perez Lafuente vs.uoi & Ors.

Court : Delhi

..... nanhku, (2005) 4 scc480 the supreme court was concerned with interpretation of order 8 rule 1 cpc as amended by the code of civil procedure (amendment) act, 2002 (22 of 2002) (w.e.f 01.07.2002). ..... making request for examination under section 11b, of the applications filed before the 1st day of january, 2005 shall be the period specified under the section 11b before the commencement of the patents (amendment) act, 2005 or the period specified under these rules, whichever expires later. ..... section 6, where a person has made an application for a patent in respect of an invention in a convention country (hereinafter referred to as the "basic application"), and that person or the legal representative or assignee of that person makes an application under this act for a patent within twelve months after the date on which the basic application was made, the priority date of a claim of the complete specification, being a claim based on matter disclosed in the basic application, is the ..... written 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 ..... the magistrate rejected his defence and convicted and sentenced him to one year s imprisonment ..... one of his defences was that being a foreigner, he was unaware of the law of .....

Sandeep M.T. Vs. P.V.Pathrose

Court : Kerala

..... contended that in view of the amendment brought in to order vi rule 17 of the code as per the code of civil procedure (amendment ) act, 1999 (act 46 of 1999) with effect from 1.7.2002 by introducing a proviso, an application for amendment could not be allowed after the commencement of the trial unless the court came to the conclusion that in spite of due diligence, the party seeking amendment could not have raised the matter ..... the time limit, if any, to exercise the power to permit amendment under order vi rule 17 of the code it is to be noted that the said decision was rendered by the hon'ble apex court prior to the amendment brought in as per the code of civil procedure (amendment) act, 1999 (act 46 of 1999) with effect from 1.7.2002 and therefore, the ..... when that is the law even in respect of matters regulated by the procedures under the code, in original petitions filed under section 4 (1) of the act how can the writ petitioners, who did not state in their applications for amendment (ext.p3) that matters sought to be incorporated as stated in paragraphs 17(a) to 17(d) could not have been raised before the commencement of trial in spite ..... the provisions under order vi rule 17 it is permissible to move application for amendment at any stage prior to the pronouncement of the judgment and that it is also permissible in law to bring by way of an amendment, new grounds of defence or to substitute or alter defence or even to take pleas inconsistent with the pleas taken in an earlier .....

Baliram Prasad Gupta Vs. Md. Isa

Court : Guwahati

..... the code of civil procedure amendment act, 2002 has become effective from 1st of july, 2002. ..... - 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 ..... . as we know the amendment to the cpc has been brought about after great deliberations with a view to expedite disposal of civil proceeding ..... . we are of the view that any dilution of the above provision will defeat the very purpose for which the provisions were amended and enacted.8 ..... this revision under section 115 read with section 151 of the code of civil procedure and article 227 of the constitution is directed against the order passed on 28.2.2003 and 21.3.2003 by civil judge (jr. .....

Shamrao Vishnu Kunjir Vs. Suresh Vishnu Kunjir and ors.

Court : Mumbai

Reported in : AIR2005Bom294; 2005(3)ALLMR622; 2005(4)BomCR544; 2005(3)MhLj1071

..... 'by the code of civil procedure (amendment) act, 1999 the said rule was sought to be ..... 'from consideration of rule 4 as it stood before the amendment act of 1999 as substituted by the act of 1999 and then by the act of 2000, it appears that it provides that in all cases examination-in-chief of witnesses shall be on ..... 'this rule subsists.after the act of 1999, came the amendment by the amendment act of 2000 which made further changes in order ..... the purpose and object of the amendment acts have been considered by the apex court in salem advocates bar association ..... even before the amendment act of 1999 and 2000 it was open to the court, under the provisions of order 19, rule (1),(2) to permit evidence to be recorded on ..... it is now made mandatory under order 18, rule 4 of c.p.c.having considered the object and purpose for which the amendment has been brought about it would be clear that an affidavit cannot be filed by way of examination-in-chief where the evidence of the witness has not been recorded by the lawyer or lawyers representing the parties ..... needless to say such recording of evidence can only be by a lawyer or commissioner appointed under the code of civil procedure and to ensure protection both to the lawyer and the witnesses the signed or initialled transcript must be maintained till the deposition ..... filed written statement-cum-reply to the application for temporary injunction on 8th november, 2004 wherein defence is set out. ..... the defence raised therein are thereafter set out in the .....

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. .....

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 .....

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 .....

Shri Vishram Jaya Shetkar Alias Manohar Jaya Shetkar and Others Vs. Sh ...

Court : Mumbai Goa

..... the present second appeal filed on 30/7/2003 is maintainable in view of the amended provisions of the code of civil procedure by virtue of section 5 r/w section 16 of the code of civil procedure (amendment) act, 2002? 11. mr. d. j. ..... ), which has been amended by virtue of section 5 of the code of civil procedure (amendment) act, 2002, pertains to recovery of money and the present suit ..... defendant, without setting up any title in himself, could have vaguely urged defences questioning the title of the appellants to the suit property, by setting up a title in a third party, or whether such defence could be said to have been barred under the doctrine of juster-ti? ..... 83/1992/b against the judgment and decree dated 31/8/1999 passed by the learned civil judge, junior division, quepem (trial court, for short), in the said ..... jm/mund/1/92 under section 6(1) of the goa, daman and diu mundkar (protection from eviction) act, 1975 alleging that the plaintiffs tried to dispossess him from enjoying his easementary right over the area behind ..... counsel, the plaintiffs' right to file the appeal goes to the date of filing of the suit and cannot be taken away by amendment which came into force in july 2003. ..... that this suit was filed in the year 1992 when the said amendment was not existing. ..... learned counsel for the defendant, argued that though the suit is titled as one for damages, however, prayer clause a shows that the same is for recovery of money and hence, in terms of amended section 102 of c.p.c. .....

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. .....

Sant Singh vs.jagjeet Singh Sawhney (Since Deceased) Thr Lrs & Ors.

Court : Delhi

..... council, (2007) 1 scc765to argue that the proviso to rule 17 of order vi cannot apply since the case was instituted prior to cmm145317 page 4 of 5 coming into force of the code of civil procedure (amendment) act, 2002 on 01.07.2002. ..... per the assessment record of the year 1986 predecessor in interest of the defendants had purchased the suit property, therefore, there exists a relationship of landlord and tenant and in view of the provisions of section 14 (1)(b) of drc act read with section 50 of the drc act, the jurisdiction of the civil courts are barred and the suit of the plaintiffs is liable to be dismissed being barred due to provisions of delhi rent control ..... the case was at the stage of trial when the defendant moved an application on 14.03.2017 seeking to amend the written statement so as to incorporate the pleadings in the nature of paras 4 and 5 in the preliminary objections and as paras 18 and 19 on merits as under ..... for the petitioner though conceding that the proposed averments are not happily worded and do not convey coherently the facts sought to be pleaded insisted that the amendments still be allowed, arguing that the issues thereby raised are issues of law only.7. ..... is clearly trying to make out a new case by either abandoning the original defence or as an alternative thereto by raking up the issue of sub-tenancy. ..... the sole defence raised was that the defendant has been in possession of the said premises for the last thirty years and, thus, had become the owner by .....