Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Sorted by: old Page 1 of about 106,238 results (0.157 seconds)

M/S. Ssg Pharma Private Limited Vs. Amarnath, Prop. M/S. Nidhi Food Pr ...

Court : Intellectual Property Appellate Board IPAB

..... it is submitted that the respondent is the registered proprietor of the impugned trade sidhmola under no.948623 as of 18.03.2000 and had taken the defence of the said registration before the court of the additional district judge, delhi in the civil suit already pending before filing the present application by the applicant against the respondent, in respect of the respondents composite trade mark consisting of the ..... miscellaneous petition no.190/2009 filed by the respondent in the main rectification application seeking directions of this board for amending the counter statement filed to the main rectification ..... on perusal of both the miscellaneous petitions, it is clear that it is only to rectify the defects stated in the order no.78/2009 that nothing was pleaded and no documents placed, the petitioner has filed a petition for pleadings those statements and to place the documents ..... applicant did not plead invalidity of the said registration before the trial civil court which as per the provisions of section 124 of the trade marks act, 1999, is the condition precedent to filing the application before this ..... aggrieved by the order dated 22.05.2009 has to approach the proper forum for remedy and cannot approach the same court for setting right the act. 12. ..... the same facts and circumstances, this honble tribunal has no jurisdiction under section 125 of the trade marks act, 1999. ..... has filed the present application in violation of the provisions of section 124 of the trade marks act, 1999. .....

Swarn Ram and ors. Vs. Jaimal Ram

Court : Punjab and Haryana

Reported in : (2010)158PLR752

..... doubt that prior to the amendment of code of civil procedure, (amendment act) 2000, order 8 rule 1 cpc was framed to the effect that defendant shall, at or before the first hearing or within such time as the court may permit, present a written statement of his defence. ..... counsel for the respondent has argued that there is no plausible explanation given by the defendant about the delay having been caused in filing of the written statement despite getting repeated opportunities, therefore, spirit of the amendment act by which provisions of order 8 rule 1 cpc has been made so stringent, should be kept in view in its letter and spirit and the defendants should not be allowed to file his written statement after the ..... , it is worthwhile to refer to the bare provisions which are in reference:order 8 rule 1 cpcwritten statement - 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 ..... 2009(1) rcr (civil) ..... 2009(1) rcr (civil) 383(ii) smt.rani kusum ..... revision petition is directed against order dated 16.4.2009 passed by additional civil judge (sr.divn. ..... on 13.2.2009 written statement was filed and was taken on record by the learned trial ..... no written statement was filed and the case was adjourned to 13.2.2009. .....

Mcdonald Vs. Chicago

Court : US Supreme Court

..... see also amar, bill of rights 264 265 (noting that one of the core purposes of the civil rights act of 1866 and of the fourteenth amendment was to redress the grievances of freedmen who had been stripped of their arms and to affirm the full and equal right of every citizen to self-defense ). ..... popular abolitionist argument that slavery was inconsistent with constitutional principles, citing as evidence the fact that it deprived black americans of the natural right of all men to keep and bear arms for their personal defence, which he believed the constitution prohibit[ed] both congress and the state governments from infringing. l. ..... 1829) (reprint 2009) (arguing that certain of the first eight amendments appl[y] to the state legislatures because those amendments form parts of the declared rights of the people, of which neither the state powers nor those of the union can ever deprive them ); id. ..... . 219, 255 277 (2009) (providing evidence that the clause was originally conceived of as an antidiscrimination measure, guaranteeing equal rights for black citizens); rosenthal, the new originalism meets the fourteenth amendment: original public meaning and the problem of incorporation, 18 j ..... . 585, 594 (2009) (arguing that one widely shared understanding of the due process clause of the fifth amendment in the late eighteenth century encompassed judicial recognition and enforcement of unenumerated substantive rights ); maltz, fourteenth amendment concepts in the antebellum era, 32 am. j .....

Lalit Hurkat Vs. Smt. Premkali

Court : Madhya Pradesh

..... judgment (delivered on this 17th day of january, 2013) feeling aggrieved by the judgment and decree dated 12.10.2009 passed by learned first additional district judge, khurai district sagar in civil suit no.97-a/2006 whereby the suit of plaintiff for eviction on the ground envisaged under section 12(1) (a) and (f) ..... 742/2009 (12) envisaged under section 12(1)(a) of the act and this ground can be adjudicated by the civil ..... hence, the application under order vi rule 17 cpc to amend the written-statement as well as application under order xli rule 27 cpc ..... learned counsel for appellant that no eviction decree can be passed under section 12(1)(a) of the act for the simple reason that after having fixed the provisional rent @rs.500/- per month the tenant in the stipulated time has deposited the entire arrears of rent and is also depositing monthly rent regularly as envisaged under section 13 of the act and if that would be the position according to me the defendant is far away from ..... according to me, under rule 21 of order xi a suit can be dismissed or the defence can be struck off when there is an order of this court under order xi rule 1, rule 12 and rule 15 cpc and not under order xi ..... application under order vi rule 17 cpc to amend the written-statement has been filed raising the ..... counsel for appellant since the plaintiff is a retired government employee therefore the only jurisdiction vest in the rent controlling authority and not the civil court who has passed the decree of eviction. .....

Manohar Vs. Smt.Premkali

Court : Madhya Pradesh

..... judgment (delivered on this 17th day of january, 2013) feeling aggrieved by the judgment and decree dated 12.10.2009 passed by learned first additional district judge, khurai district sagar in civil suit no.95-a/2006 whereby the suit of plaintiff for eviction on the ground envisaged under section 12(1) (a) and (f) ..... learned counsel for appellant that no eviction decree can be passed under section 12(1)(a) of the act for the simple reason that after having fixed the provisional rent @rs.500/- per month the tenant in the stipulated time has deposited the entire arrears of rent and is also depositing monthly rent regularly as envisaged under section 13 of the act and if that would be the position according to me the defendant is far away from ..... according to me, under rule 21 of order xi a suit can be dismissed or the defence can be struck off when there is an order of this court under order xi rule 1, rule 12 and rule 15 cpc and not under order xi ..... application under order vi rule 17 cpc to amend the written-statement has been filed raising the ..... under order vi rule 17 cpc to amend the written-statement as well as f.a. ..... tenant or licencee is concerned, much has been argued by learned counsel for defendant but entire argument is somersaulted on account of admission made by defendant manohar himself in his earlier statement ex.d/1 which is a certified copy of his testimony given in civil suit no.8-a/1992 filed on behalf of husband of plaintiff namely p. .....

Shyam Hurkat Vs. Smt. Premkali

Court : Madhya Pradesh

..... contention of learned counsel for appellant that no eviction decree can be passed under section 12(1)(a) of the act for the simple reason that after having fixed the provisional rent @rs.500/- per month the tenant in the stipulated time has deposited the entire arrears of rent and is also depositing monthly rent regularly as envisaged under section 13 of the act and if that would be the position according to me the defendant is far away from the ..... hence, the application under order vi rule 17 cpc to amend the written-statement as well as application under order xli rule 27 cpc are hereby rejected. ..... application under order vi rule 17 cpc to amend the written-statement has been filed raising the question of jurisdiction. f.a. ..... no.741/2009 (8) the receipts in which rent of rs.1250/- per month is mentioned but it could be inferred that rate of rent was rs.1250/- per month although it was not accepted by learned trial court and in these facts and circumstances it cannot be said that learned trial court was not having pecuniary jurisdiction and suit should have been filed in the court of civil judge having pecuniary jurisdiction on the lower side.14. ..... the impugned judgment and decree passed by learned trial court decreeing the suit on the ground envisaged under section 12(1)(a) of the act is set aside and suit of plaintiff on that count is hereby dismissed. ..... according to me, under rule 21 of order xi a suit can be dismissed or the defence can be f.a. .....

icici Prudential Life Insurance Company Ltd. and Another Vs. Icici Pru ...

Court : Punjab and Haryana

..... civil writ petition no.8622 of 2013 -3- the claim having been repudiated respondent/daljit kaur- widow of the deceased life assured instituted an application under section 22-c of the legal services authorities (amendment) act, 2002, (for short the act . ..... relied upon by the petitioner deserve to be examined from the stand point of a stand alone single premium policy with no spill over and consequently i find no civil writ petition no.8622 of 2013 -8- perversity in the decision making process or in the ultimate deposition meted out by the pla pus. ..... in the process of verification of the claim, the petitioner- company pleads that it conducted certain inquiries on its own post death civil writ petition no.8622 of 2013 -2- which establish that the life assured was not employed as disclosed in the proposal form. ..... there is a passing reference in the repudiation letter that the life assured underwent medical examination on 20.7.2009 and in the investigation carried out by the petitioner-company revealed that there was impersonation by the life assured with intent to cheat and defraud the insurance company; the company reserves its rights to ensure ..... gurjit singh as ex.rw-1/a together with other documents in defence including copy of the judgment dated 4.1.2012. ..... a letter from m/s pooja trading company was obtained and placed on record in defence disclaiming employment. .....

Amin Vs. Meerabai

Court : Mumbai Aurangabad

..... and the bombay amendment of proviso in the concerned rule and observed that during the course of the trial in regular civil suit no.526/2009, on 4.2.2009, the present applicant was reminded of regular civil suit no.115/2008 and that the said suit had proceeded exparte against him ..... and further considered the fact of applicant defendant having filed regular civil suit no.526/2009 for perpetual injunction against the respondent plaintiff. ..... however, the district judge has relied on the amended second proviso as inserted by this high court, which reads as under: provided also that no such decree shall be set aside merely on the ground of irregularity of service of summons, if the court is satisfied that the defendant knew, ..... district judge, however, considered the matter on the basis of bombay amendment of second proviso below order ix rule 13 of c.p.c. ..... no.115/2008, the appellant did not bother to appear before the court and now took vexatious defence about non-service of summons to him. 13. ..... there are three reports of two bailiffs of multiple efforts made and the second and third reports show refusal by the applicant defendant and material was discussed by the district judge, demonstrating as to how on 4.2.2009 applicant was confronted with the fact that regular civil suit no.115/2008 was pending against him and had proceeded exparte, and judgment came to be delivered only on 20.2.2009. ..... 115/2008 against him and therefore, it was obligatory for the appellant to act as a prudent person. .....

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 .....

CTR Manufacturing Industries Ltd. Vs. Serji Transformer Explosion Prev ...

Court : Mumbai

..... sufficient cause being shown, and on such terms and conditions as it may deem fit to impose, restore the suit or 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 ..... may 2011, the supreme court disposed of the special leave petitions before it inter alia staying the thane court s order for a further four weeks, giving sergi liberty to amend its appeal since the reasoning for the 25th february 2011 was now available (sergi order compilation, tab 7. ..... is that in every case the court must, or is even entitled to, proceed on surmise, conjecture and extrapolation, then that is directly contrary to the supreme court s later decision of 2009 in food corporation of india (supra).balram singh suggests nothing of the kind. ..... reliefs not to be lightly granted but, at least as regards reliefs for arrest and attachment, the reliefs are quasi-criminal in their scope, ambit and conspectus, paralleling the power to punish for civil contempt under the contempt of courts act, 1971. ..... january 2010, delhi transco ltd ( dtl ) floated tender t/sp.ii/2009/44 for the purchase of 64 fire systems. ..... relies on paragraph 38 of the supreme court decision in food corporation of india v sukh deo prasad: (2009) 5 scc 665). 38. ..... t/sp/11/2009/44 .....