Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Page 8 of about 105,782 results (0.257 seconds)

Modi Spinning and Weaving Mills Co. Ltd. and anr. Vs. Dr. Bharat Kumar ...

Court : Allahabad

Reported in : 2005(1)ARC762

..... , as amended by the code of civil procedure (amendment) act 2002, is reproduced ..... reasons to be recorded in writing, but which shall not be later than ninety days from the date of service of summons.'6. a number of civil revisions are being filed in which the written statements have been rejected and the suit has been ordered to proceed under order viii, rule 10 c.p.c, on the question whether the trial court can ..... . (amendment) act, 2002 was to expedite the ..... 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 days, as may be specified by the court, for ..... . order viii, rule 1 was amended to specify a time limit ..... the revision is directed against the order passed by the civil judge, senior division, district ghaziabad, on 9.2.2005 in ..... , 'in these circumstances after the amendment of order viii, rule 1 ..... that:'written statement is not an appeal or an application or even a suit and therefore, limitation act cannot help the court for condoning the delay.'8 ..... . as amended in 2002 has on the one hand provided discretion to the court to accept written statement beyond thirty days from the date of service of summons but has simultaneously circumscribed the same also by .....

Pastor, Central Methodist Church Vs. Kailash Chand Saxena and ors.

Court : Allahabad

Reported in : 2006(4)AWC3773

..... (supra), learned single judge of this court has considered the amendment and held as follows:even otherwise, the amendment having been made in rule 17 of order vi of the code of civil procedure by the amending act, 2002 by adding the proviso is only with regard to the procedural aspect. ..... section 16(2)(b) of the amending act, 2002 reads as follows:the provisions of rules 5, 15, 17 and 18 of order vi 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 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. ..... civil judge (junior division), koil, aligarh by his order dated 21.12.2002 rejected the application mainly on the ground that in view of the provision of order vi, rule 17 as substituted by section 7 of the code of civil procedure (amendment) act, 2002, the amendment cannot be allowed after the trial has commenced inasmuch as it has not been established that at the time of filing of the written statement, pleading sought to be inserted by way of amendment were not within the knowledge of the defendants.3. ..... being party, the question of title between the parties cannot finally be decided and certain other pleas which does not change the nature of the defence were also necessary to be brought on record for full and final adjudication of the controversy involved in the suit. .....

Smt. Archana Kumar and anr. Vs. Purendu Prakash Mukherjee and anr.

Court : Madhya Pradesh

Reported in : AIR2000MP279; 2000(3)MPHT35; 2000(2)MPLJ32

..... . the code of civil procedure (amendment) act, 1976 was enacted with the avowed purpose of abridging and simplifying the procedural ..... . state of maharashtra (1974) 3 scr 287 : air 1974 sc 517 and many other cases, is attracted what was the law before the amendment, what was the mischief and defect forwhich the law did not provide, what remedy has parliament resolved and appointed to cure the mischief, and true reason of the ..... . (amendment) act, 1976 (act 104 of 1976 ..... madanlal, air 1989 madh pra 224 pertaining to the issue that after the dismissal of an application under order 9, rule 13 of the code of civil procedure (in short 'the code') to set aside an ex parte judgment and decree whether an appeal could lie under section 96(2) of the code, assailing the pregnability of the judgment and decree on merits, a division bench of this ..... . in a suit for declaration under the special statutes relating to consolidation of holding which have to be adjudicated by the special authorities and the civil court has no jurisdiction to entertain the suit in respect of such declaratory relief and the plaint is clear as noon day, on that score, irrefragably the same can be called in question in ..... thus, the intention of the legislature was to incorporate the provision by way of an amendment so that, after remedy of an appeal is exhausted, no litigant can take recourse to the provision under order 9 rule 13 of the code to attack the decree on the ground of sufficient cause of non-appearance .....

Girver Dayal Ganda Ram Vs. Raghunath Sahai Etc.

Court : Punjab and Haryana

Reported in : (1999)121PLR47

..... be determined from the content of the provision, its import gathered from the language employed, and the language construed in the context in which the provision has been enacted, xxx xxx xxx.....the code of civil procedure (amendment) act, 1976 was enacted with the avowed purpose of abridging and simplifying the procedural law. ..... on dismissal of the appeal, rent controller vide order dated 14.9.1996, dismissed the application under order 9 rule 13, code of civil procedure, on the ground that in view of explanation added to order 9 rule 13 after decision of appeal, application under order 9 rule 13 is not competent. ..... prior to amendment of 1976, a defendant burdened by an ex-parte decree could seek to set it aside under order 9 rule 13 by the trial court and also prefer an appeal against it under section 96 of the code of civil procedure. ..... by amendment of 1976, the following explanation was added to order 9 rule 13, code of civil procedure:'explanation - where there has been an appeal against a decree passed ex-parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has ..... in view of the explanation, application under order 9 rule 13, code of civil procedure, was not competent and therefore, rent controller has not committed any illegality in dismissing the same ..... tenant felt aggrieved of the ex-parte eviction order and thus, filed application under order 9 rule 13, code of civil procedure, for setting aside the ex-parte order. .....

Jaykisan Jainarayan Agiwal Vs. Vishnu Narayan Shinde

Court : Mumbai

Reported in : 1986(2)BomCR160

..... briefly stated, the division bench held that an appeal to challenge orders passed in execution, such orders having been passed after the coming into force of the code of civil procedure (amendment) act (104 of 1976) is not tenable. ..... in this background it was unfair of the judgment-debtor to suddenly turn round and plead a fresh contract of tenancy as a defence to the execution in the appellate court. mr. ..... 100 of 1974 in the court of the civil judge, (junior division) at niphad. ..... that was regular civil suit no. .....

K.S. Sathyapala Vs. Alice D'Souza and Anr.

Court : Karnataka

Reported in : AIR1973Kant34; AIR1973Mys34

..... gopal krishna shetty submitted that prior to the amendment act the civil court had undoubtedly jurisdiction to decide whether a person was a tenant other than a deemed tenant and that the amendment act should not be construed as invalidating decisions of civil courts on such question, which were valid when they (such decisions) were rendered.mr. ..... section 133 of the principal act before it was amended by section 28 of the amendment act provided that if any suit instituted in any civil court involved issues which were required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under that act, the civil court should stay the suit and refer such issues for determination by the authority competent to settle, decide or deal with such issues under that act and after such ..... sub-section (2) of new section 133 of the principal act (substituted by section 28 of the amendment act) provides that if any suit instituted in any civil court other than the court, involves any issues which are required to be settled, decided or dealt with by the court, then the civil court shall stay the suit and refer such issues to the court for decision and that the court shall decide such issues in accordance with the provisions of that .....

Balaram Palai and ors. Vs. Collector, Puri and ors.

Court : Orissa

Reported in : AIR1994Ori21

..... pointed out that the above is the position of rule 8 after its amendment by the court of civil procedure (amendment) act, 1976. ..... person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the court may substitute in his place any other person having the same interest in the suit. ..... out that vassonji was a case in which an application to be impleaded as a party had been filed, not after the suit had proceeded (which would bring the case within the fold of amended sub-rule (5)) but at the threshold of the filing of the suit.7. ..... of the court under sub-rule (3), which power has been accepted by the learned judge making the present reference also as discretionary, has to satisfy the court that the person on record is acting prejudicially to the applicant because of which he ought to be brought on record to protect his interest. ..... in sub-rules (3) and (5) of amended rule 8 different language finds place, the same has made no difference in law as it was accepted to be before r- 8 was amended in 1976. ..... circumstance under which the discretionary power can be exercised cannot be put in a strait-jacket, and so, if in a given case the court were to be satisfied that even without proving that the person on record is acting prejudicially to the applicant his prayer to be impleaded deserves to be allowed, it would be open for it to do so, but the court shall have to be satisfied that a reason akin to prejudicial acting by the person on record exists. .....

C. Elumalai and ors. Vs. A.G.L. Irudayaraj and anr.

Court : Supreme Court of India

Reported in : AIR2009SC2214; JT2009(4)SC241; 2009(4)SCALE73; (2009)4SCC213; 2009(3)LC1384(SC)

..... order xxxix as inserted by the code of civil procedure (amendment) act, 1976 (act 104 of 1976) reads thus:2a. ..... (1973) 3 all er 54 : (1973) 3 wlr 298; lord diplock stated:there is an element of public policy in punishing civil contempt, since the administration of justice would be undermined if the order of any court of law could be disregarded with impunity.11. ..... order, or any court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the court directs his release. ..... ) 11 scc 374, this court considered several cases and observed that wilful and deliberate act of violation of interim order passed by a competent court would amount to contempt of ..... : 2002crilj1814 , this court held that the contempt of courts act has been introduced in the statute-book for securing confidence of people in ..... of section 94 of the code of civil procedure, 1908 enacts that in order to prevent the ends of justice from being defeated, the court may, commit the person guilty of disobedience of an order of interim injunction to civil prison and direct his property be attached ..... apology is not a weapon of defence to purge the guilty of their offence nor is it intended to operate as universal panacea, but it is intended to be evidence ..... understanding of the court's order would not be a permissible defence. .....

Durgesh Sharma Vs. Jayshree

Court : Supreme Court of India

Reported in : 2008(4)AWC4160(SC); 2008(5)CTC444; II(2008)DMC675SC; 2008(4)KLT169(SC); 2009(1)MhLj66; (2008)8MLJ944(SC); 2008(13)SCALE54; (2008)9SCC648

..... issue, in our opinion, can conveniently be discussed in two stages;(i) position prior to code of civil procedure (amendment) act, 1976, and(ii) position after the code of civil procedure (amendment) act, 1976. ..... considered the recommendation of the law commission and by the code of civil procedure (amendment) act, 1976, the section was amended in the present form.129. ..... such power was with a high court earlier, it stood withdrawn with effect from january 01, 1977 in view of section 25 of the code as amended by code of civil procedure (amendment) act, 1976.79. ..... considered the provisions of sections 24 and 25 of the code prior to and after the amendment act of 1976 and also sections 21 and 21a of the hindu marriage act, 1955 and held that a transfer petition under section 25 of the code would be maintainable irrespective of the provisions of sections 21 and 21a of the hindu marriage act which did not exclude the jurisdiction of this court under the code. ..... 25, as originally enacted in the code of 1908 and the decisions prior to amendment act of 1976, have no application after substitution of section 25 as it stands today ..... according to the court, in spite of amendment in section 25 of the code by amendment act, 1976, the legislature did not think it fit to repeal sub-section (3) of section 23 of ..... as originally enacted in the code of 1908 and amended by the government of india (adaptation of indian laws) order, 1937 (which was formal in nature), was substituted by the amendment act, 1976. .....

Abedali Khan S/O Rahematali Khan Vs. Devidas S/O Dhonduji Poghe

Court : Mumbai Aurangabad

..... by way of an amendment, the following portion is substituted by the code of civil procedure (amendment act, 1976): " so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise or satisfaction is the same as a subject-matter of the suit. ..... ) and ors (supra), single judge of this court while dealing with the similar issue and deciding the scope of order 23, rule 3 of the code of civil procedure and its applicability to the eviction proceedings under the bombay rents hotel and lodging house rates control act, 1947 has taken a following view and held that : "16. ..... after the amendment in rule 3 of order 23 of the code of civil procedure. ..... after the amendment of 1976, on careful reading of the judgment, the discussion of order 23, rule 3 of the code of civil procedure i.e. ..... , reported in air 2006 supreme court 2628 (1) learned counsel for the respondent submitted that most of the cases relied by the learned counsel for the petitioner are prior to the amendment of 1976 in order 23 rule 3 of the code of civil procedure. ..... while refuting the submissions of learned counsel for the petitioner, learned counsel for the respondent relied on amendment of the 1976, which was enacted in rule 3 of the code of civil procedure. .....