Judgment Search Results Home > Cases Phrase: civil defence amendment act 2009 Sorted by: old Court: uttaranchal Page 1 of about 127 results (0.062 seconds)

Jayanti Prasad Nautiyal Vs. Kamla Nand Bahuguna and anr.

Court : Uttaranchal

Reported in : AIR2009Utr26

..... the scheme of order 8 as amended by act 104 of 1976, we are of the opinion, that there are three modes of pleading or setting up a counter-claim in a civil suit. ..... latter two cases the counter claim though referable to rule 6-a cannot be brought on record as of right but shall be governed by the discretion vesting in the court, either under order 6 rule 17 cpc if sought to be introduced by way of amendment, or subject to exercise of discretion conferred on the court under order 8 rule 9 cpc if sought to be placed on record by way of subsequent pleading.5. ..... laid down under rule 6-a(1) is that a counter claim can be filed, provided the cause of action had accrued to the defendant before the defendant had 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. ..... order dated 23-4-2008, the learned trial court had allowed the petitioner's application for amendment of the written statement to incorporate the petitioner's counter-claim in the written statement. ..... in manu/sc/0387/2003 : [2003]3scr1149 , it has clearly been held by their lordships of the supreme court that a counter claim can be preferred by a defendant in a suit by way of amendment incorporated in the original written statement subject to the leave of the court. ..... , is it permissible under law, after a written statement has originally been filed, to amend the same subsequently for incorporating a counter claim therein4. .....

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

..... advanced by the learned counsel for the rival parties, we are of the view that the amendments incorporated by the uttarakhand legislature through the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) (amendment) act, 2009, notified on 16.03.2009, were fully within its legislative competence, and that, the aforesaid amendments did not encroach upon an area over which the parliament exclusively had the authority to legislate. ..... the definition of the term 'entertainment' wherein 'direct-to-home' (dth) broadcasting service had been included, by the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) amendment act, 2009 notified on 16.03.2009, the petitioner company expressly acknowledged, that 'direct-to-home' (dth) broadcasting service is an 'entertainment'. ..... the pointed contention advanced by the learned counsel for the petitioner, the uttarakhand legislative assembly amended the definition of the term 'entertainment' contained in section 2(g) of the entertainment act, 1979 through the uttarakhand (the uttar pradesh entertainment and betting tax act, 1979) amendment act, 2009 notified on 16.03.2009. ..... 2009, the state of uttarakhand preferred petition for special leave to appeal (civil) ..... reasons, we find no merit in civil appeal no. ..... including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in aid of the civil power.'2. .....

Tata Elxsi Limited Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : [2004]134STC403(Uttra)

..... explanation omitted by the constitution (sixth amendment) act, 1956, section 4.sub-sections by the constitution (sixth amendment) act, 1956, section 4, for clauses (2) and (3).sub-sections by the constitution (forty-sixth amendment) act, 1982, section 3, for clause (3). ..... by the constitution (forty-sixth amendment) act, 1982, section 4]. ..... --(1) notwithstanding anything contained in section 3-a or section 3-aaa or section 3-d but subject to the provisions of sections 14 and 15 of the central sales tax act, 1956, every dealer shall, for each assessment year, pay a tax on the net turnover of--(a) transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred ..... therefore, in cases of inter-state sales falling under section 3(a) of the central sales tax act, 1956 it is not relevant to consider the situs of the sale or the state in which the property in the goods happens to ..... the principles are as follows :(i) under section 3(a) of the central sales tax act, 1956, only a transaction of sale connected with the movement of goods is regarded as an inter-state ..... of commercial taxes reported in [1995] 97 stc 330.at this stage it may be mentioned that in the above writ petition we are concerned with imposition of tax under section 3-p of the u.p, trade tax act, 1948 for the assessment year 2000-2001. ..... scope of section 3(a) of the central sales tax act, 1956 read with article 286 and article 366(29a) of the constitution as also section 3-f of the .....

Unique Engineering Works Vs. Union of India (Uoi) and ors.

Court : Uttaranchal

Reported in : II(2004)BC241

..... financial institution shall, after the acquisition of financial assets, be of as full force and effect against or in favour of the securitisation company or reconstruction company, as the case may be, and may be enforced or acted upon as fully and effectually as if, in the place of the said bank or financial institution, securitisation company or reconstruction company, as the case may be, had been a party thereto or as if they had been ..... financial institutions;(f) declaration of any securitisation company or reconstruction company registered with the reserve bank of india as a public financial institution for the purpose of section 4a of the companies act, 1956;(g) defining 'security interest' as any type of security including mortgage and change on immovable properties given for due repayment of any financial assistance given by any bank or financial ..... file a counter-claim; that he can challenge the claim of the bank/financial institution by way of defence, whereas, under the impugned npa act, 2002 the bank manager classifies an asset as non-performing asset unilaterally and thereafter he invokes the said act, 2002 and it is left for the borrower to go in appeal before the tribunal and challenge only ..... the nature of the right infringed; the underlying purpose of the restriction; the civil sought to be remedied by law; how far is the restriction proportionate to ..... amending section 17 and section 18 of the drt act, 1993, it was not open to the parliament to make the impugned npa act .....

Himalaya Stone Industry and ors. Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : [2005]141STC95(Uttra)

..... the amended act was itself under challenge and legislative competency was also challenged ..... be levied,--(a) on the turnover in respect of 'declared goods', at the point of sale to the consumer at the maximum rate for the time being specified in section 15 of the central sales tax act, 1956 or where the state government, by notification, declares any other single point or a lesser rate ;(b) on the turnover in respect of such goods, other than those referred to in clause (a), at such point and at such ..... senior counsel appearing on behalf of the petitioners argued that in exercise of the delegated power the state government cannot go beyond section 3-a(1)(b) of the act by providing two different point of sale in respect of same goods, namely, stone boulders which shall include stone gittis, etc. ..... regarding point of sale of the stone crushers when the goods were already sold by the dealers to the stone crushers is clearly repugnant and beyond the scope of section 3-a(1)(b) of the act in as much as the point of sale having been notified for the same goods as the point of sale to the consumers. ..... the respondent-state contested the petition, inter alia, on the grounds that there is no bar under section 3-a(1) of the act on the government to impose conditions and restrictions in the notification issued under this section ; that the state government can impose tax differently on different class of goods as in the notification dated february 16, ..... (amendment and validation) act, ..... act as amended .....

Ramesh Chandra (Sri) and anr. Vs. Ist Additional District Judge and or ...

Court : Uttaranchal

Reported in : 2005(1)ARC812

..... the provisions of act 13 of 1972 as amended by act 28 of 1976 have been extended to the cantonments in the state of uttar pradesh only with effect ..... (2) in section 2,--(i) in sub-section (1), after clause (c), the following clause shall be inserted, namely:-'(cc) any building within the cantonment which is, or may be appropriated by the central government on lease under the cantonments (house accommodation) act, 1923 (6 of 1923)',(ii) in sub-section (3), for the words 'state government', the words 'central government' shall be substituted,(3) in section 3-(i) in clause (b), at the end, the words, 'or the tax mentioned in section 69 of the cantonments ..... pradumanjuu agarwal, reported in 1997 (1) arc 627, wherein it was held that 'under the act, the order of the appellate authority is final and the said order is a decree of the civil court and a decree of a competent court having become final cannot be interfered with by the high court in exercise of its power of superintendence under articles 226 and 227 of the constitution of india by ..... powers conferred by section 3 of the cantonments (extension of rent control laws) act, 1957 (4 of 1967) and in suppression of the notification of the government of india in the ministry of defence no. s.r.o. ..... february, 1982:--in exercise of the powers conferred by section 3 of the cantonments (extension of rent control laws) act, 1957 (46 of 1957) and in supersession of the notification of the government of india in the ministry of defence no. s.r.o. .....

Dr. Satish JaIn Etc. Vs. State of Uttaranchal and anr.

Court : Uttaranchal

Reported in : 2006CriLJ1172

..... respondents subsequently did not abide by their commitment that they would show the appellant to be the proprietor of drang transport corporation and would also render accounts to him in the month of december might create civil liability on the respondents for the offence of cheating.for determining the question, it has to be kept in mind that the distinction between mere breach of contract and the offence of criminal breach of ..... was required to be registered in law as per section 17(2) of the registration act (as amended by the state of u.p. ..... person shall retain any property, or intentionally inducing that person to do or omit to do anything which if he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.8. ..... complainant cannot advert to any defence with which the accused may ..... the dispute between the applicants and the respondent is purely of civil nature arising out of a contractual relationship even looking to the sworn statements, terms of the agreement no case is made out to proceed against ..... he further alleged that being not content with the said illegal acts, they seriously assaulted him thereby committing offences punishable under sections 341, 323, 325, 506 and 386 ..... mere failure to keep the promise subsequently cannot be presumed as an act leading to cheating.in view of the above discussion the essential ingredients as envisaged under sections 406 and 415 .....

UdasIn Panchayati Bara Akhara Kankhal and ors. Vs. Mahant Dooj Dass (D ...

Court : Uttaranchal

Reported in : 2006(3)AWC2358

..... it is pertinent to mention here that section 100 of the code of civil procedure 1908, was amended w.e.f 1.2.1977, and the memo of the appeal presented in november, 1977, does not contain suggested substantial questions of law though grounds mentioned in the appeal did raise the above ..... . the strength on which the plaintiff comes to the court does not depend upon the defence or relief claimed which could determine the forum for the entertainment of claim and grant ..... far as cancellation of sale deed is concerned, i agree with the contention of learned counsel for the plaintiff/respondent that article 59 contained in part iv of schedule to limitation act, 1963, provides three years limitation for cancellation of document from the date it became known to the plaintiff ..... this court is of the opinion that from the expression 'which have been so demarcated under section 5 of the aforesaid act' contained in notification, itself indicates that the demarcation was made before the aforesaid notification under section 8 of u.p ..... originaljurisdictionfirst appeal secondappeal 24 209 suit for ejectment assisant commissioner boardof persons occu- collector.pying the land 1st classwithout title anddamages.as such, the above entry contained in second schedule of the aforesaid act, read with section 331 quoted above, bars the jurisdiction of the civil court in respect of the suit in possession of an agricultural land.16 ..... urban areas zamindari abolition and land reforms act, 1956, as such, the civil court has no jurisdiction to try .....

Banbir Singh Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : 2006CriLJ4181

..... the legislature, realizing the gravity of the situation has amended the laws and provided for stringent punishments in such castes and even permitted the raising of presumption against an accused in cases of unnatural deaths of the brides, within the first seven years of their marriage ..... of haryana reported in manu/sc/0481/1998 : 1998crilj4019 , as well as in a catena of decisions reported subsequently, has clearly observed that 'in view of the amended provision under section 2 of the dowry prohibition act, 1961 the additional demand of dowry would certainly fall under section 2 of the dowry prohibition act. ..... 1, ram gopal has been produced by the defence in order to show that no matter pertaining to the promotion of the appellant was pending in the department but his evidence is of no ..... rajvir singh, but the evidence adduced by the defence is not going to help the defence version in any manner. d.w. ..... the instant case it is also important to mention here that the appellant has taken the defence since very beginning that smt. ..... growing cult of violence and exploitation of the young brides though keeps on sending shock waves to the civilized society whenever it happens continues unabated. ..... but the appellant instead of providing her immediate medical aid, tried to inform the different persons that his wife is burnt and this conduct of the appellant shows that he in fact tried to create the defence since very beginning.33. ..... but this defence appears to be baseless as the evidence of p.w. 8, .....

Shankar and ors. Vs. Surendra Singh Rawat and anr.

Court : Uttaranchal

Reported in : AIR2007Utr15

..... now after the enforcement of the amendment act 1976, the first appeal is also final court of law in a sense that its decision on question of law even if erroneous may not be vulnerable before the high court in second appeal because the jurisdiction of the ..... the learned counsel for the defendants/ appellants raised the contention that the civil court had no jurisdiction to try the case and the property in dispute comes within the jurisdiction of the revenue ..... once the suit is maintained for the main relief in the civil court, then there is no bar for the civil court to grant possession flowing from the same cause of action ..... the relief of possession will be merely an ancillary relief which the civil court could grant after having taken the cognizance of the suit for injunction and ..... thus both the courts below had held that the civil court had got the jurisdiction to decide the case ..... the courts below were justified in holding that the civil court had the jurisdiction to try the suit. ..... in manu/up/0100/1969 : air1969all526 has held that if the suit for perpetual injunction and mandatory injunction alongwith the ancillary relief of possession have been filed before the civil court, the civil court had the right to entertain the said suit under section 9 of the civil procedure code.8. ..... it was further alleged that the civil court had no jurisdiction to entertain the ..... is settled position of law if the main relief is cognizable by the civil court, the suit can be filed before the civil court. .....