Court : Kolkata
..... suit being instituted by the landlord for eviction on any of the grounds referred to in section 6, tenant shall, subject to the provisions of sub-section (2) of this section, pay to the landlord or deposit with the civil judge all arrears of rent, calculated at the rate at which it was last paid and upto the end of the month previous to that in which the payment is made together with interest at the rate of ten per ..... tenant fails to deposit or pay any amount referred to in sub-section (1) or sub-section (2) within the time specified therein or within such extended time as may be granted, the civil judge shall order the defence against delivery of possession to be struck out and shall proceed with the hearing of the suit. ..... 7 (1) and (2) of the said act, the defendants stated that they came to know about the 2005 amendment to the said act whereby the words rent controller were replaced by the words civil judge , only after the plaintiff filed the ..... chandra (supra) in support of his submission that there is a duty cast on the court to strike out the defence if there is a failure of the tenant to deposit the arrears of rent within the time period prescribed by the relevant ..... the said act for striking out the defence of the ..... act for striking out the defence. ..... such technical default, the defence ought not to be ..... rejected whether on merits or because of con-condonation of delay, then the application for striking out the defence should succeed. ..... hence, the defence of the defendants is liable .....
Tag this Judgment!Court : Kolkata
..... the amendments to the provisions contained in section 36 of the act as introduced by the amendment act merely require the provisions contained in order 41 rule 5 of the code of civil procedure, 1908 to be considered. ..... section 26 of the amending act on a plain reading of the said section only clarifies that nothing contained in the amending act would apply to arbitral proceeding commenced before the commencement of this act, i.e.the amending act, unless the parties otherwise agree but the amending act would apply in relation to arbitral proceeding commenced on or after the date of commencement of the amending act. ..... per contra mr.anirban roy, learned counsel appearing on behalf of the judgment debtor has argued that the amendment to section 36 by the amendment act 2015 cannot affect the existing right of the award debtor to challenge the award without furnishing of any security. ..... state of kerala, jt1994(6) sc182pp.213, 214: air1995sc1012at 1034 and 1035) thus, to apply an amending act, which creates a new obligation to pay additional compensation, or which reduces the rate of compensation, to pending proceedings for determination of compensation for acquisitions already made, will be to construe it retrospectively which cannot be done unless such a construction ..... it would also remove a defence previously available. .....
Tag this Judgment!Court : Kolkata
..... kundu saw one document in the custody of one utpal chakraborty, learned advocate and came to learn from the said document that the document relates to title suit no.9 of 2012 pending before the civil court at sealdah and there are some allegations in the said document which would lower down the reputation and dignity of the plaintiff. ..... scan the evidence on record to find out whether the allegations made by the defendant lipi against the plaintiff in paragraph 10 of the written statement filed in connection with title suit no.9 of 2012 pending before the civil court at sealdah are defamatory and if so whether the defendant lipi is protected by absolute privilege in any action for libel by the plaintiff. ..... instant case, the defendant lipi has claimed absolute privilege for making statement in paragraph 10 of the written statement filed by her in connection with title suit no.9 of 2012 pending before the civil court at sealdah and as such the facts of the present case are clearly distinguishable from the facts of the reported case. ..... prayed for rejection of the plaint under order 7 rule 11(d) of code of civil procedure on the ground that the allegations made in the affidavit are immune from action for defamation, as they are covered under the defence of absolute privilege. ..... of 2010, page-601: (i) justification (truth), (ii) fair comment, (iii) privilege, which may be (a) absolute or (b) qualified and (iv) offer of amends under the defamation act, 1996. . ..... centre even on january 29, 2009. .....
Tag this Judgment!Court : Kolkata
..... is pronounced, the plaintiff has relied on a yet unreported judgment of the supreme court rendered on november 15, 2016 in civil appeal no.10860 of 2016 (idbi trusteeship services limited versus hubtown limited) where the dictum in mechelec engineers and its approval of kiranmoyee dassi has been restricted to a situation under ordser xxxvii of the code of civil procedure, 1908 as it stood prior to its 1976 amendment. ..... latest tests laid down in idbi trusteeship services there is no room for a defendant as the present one being granted unconditional or conditional leave to defend since no reasonable defence even remotely capable of succeeding at the trial has been indicated. ..... evident that, quite advisedly, the plaintiff issued a notice under section 106 of the said act on september 3, 2013, a few days after the month of august, 2013 had run ..... specific performance of the agreement embodied in the document of september 1, 2004 has been filed in the city civil court; though the plaint thereof is not placed to demonstrate how the bar under section 107 of the act has been overcome to lodge the claim. ..... be admitted in evidence and even relied upon by the parties to prove the factum of the tenancy, the terms of the same cannot be used to derogate from the statutory provision of section 106 of the act, which creates a fiction of tenancy in the absence of a registered instrument creating the same. ..... the defence for resisting a notice issued under section 106 of the transfer of property act, 1882 .....
Tag this Judgment!Court : Kolkata
..... of section 47a of the indian stamp act (introduced under the indian stamp (west bengal) amendment act of 1998).if a person is aggrieved by an order determining the market value passed by the registering officer under sub-section (5) or subsection (8) of section 47a of the indian stamp act, 1899, such person has a right of preferring a statutory appeal in terms of section 47b of the indian stamp act, 1899 (introduced under the indian stamp (west bengal) amendment act, 1998).the state government, by a notification ..... and are violating the rights of the petitioners.as enshrined under articles 14, 19 and 300a of the constitution of india and are also violating the 2001 rules, (as amended vide notification no.1614 f.t dated 5th october, 2010) and clause 16b of section 2 of the indian stamp act, 1899 (as amended by west bengal act no.17 of 1990 with effect from 31.01.1994).the respondent authorities are anticipating and apprehending an uncertain event to fix the market value of a property, which is bad ..... the district collector, thana, civil appeals nos.313 to 315 of 1965, d/-30-8-1965 (sc) was quoted as under: a vendor willing to sell his land at the market value will take into consideration a particular potentiality or special adaptability of the land in fixing the price. .....
Tag this Judgment!Court : Kolkata
..... 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 ..... moreover i notice that section 148 of the code of civil procedure which vests the civil court with the jurisdiction to enlarge time has not been touched by any manner, by the amendment of order 8 rule 1 of the code ..... . 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 ..... after considering the aforestated section in the light of the object with which the act has been enacted, the three-judge bench of this court came to the conclusion that in no case period beyond 45 days can be granted to the opposite party for filing its version of the case. ..... . j.merchant s case was concerned with section 13(2)(a) of the consumer protection act, 1986 which gave power to the district forum to direct the opposite party to give his version of the case within a maximum period of 45 ..... the new india assurance case was again in respect of the said issue arising out of the consumer act, 1986 .....
Tag this Judgment!Court : Kolkata
..... however, since it is submitted on behalf of the municipal corporation that by filing the instant suit the respondents in a way are challenging the assessment orders, in view of the provisions contained in the kolkata municipal corporation act, 1980 particularly sections 179 to 197 thereof, the learned single judge, after settling the issues, is requested at the outset to hear on the point of maintainability of the suit. ..... mangal sain buttres to the point that in all those cases the interlocutory order for amendment was entertained in appeal by the supreme court and supreme court did not hold that appeal was not maintainable ..... we find from the impugned order that learned trial judge while allowing the amendment, as proposed in the pleadings and in prayer of the plaint, had reserved right and liberty of the defendant/appellant to file additional written statement and to raise the point of maintainability including the point of locus standi of the ..... the settled principles of law on amendment of pleadings are as under:(a) whether the proposed amendment is necessary to adjudicate real issue in controversy, (b) in absence of the proposed amendment, whether the suit can proceed, since the party would not be allowed to lead evidence on any count if it is absent in ..... samrat sen, learned senior advocate submitted that in the code of civil procedure there is no provision of appeal against an order allowing an amendment. ..... narayanaswamy and sons and others: (2009) 10 supreme court cases 84.5. .....
Tag this Judgment!Court : Kolkata
..... the amendment of order 12 rule 6 by the amendment act of 1976 would show that the court is required to find out whether there is any admission of fact either in the pleading or otherwise ..... the scope and amplitude of the power of the court under the amended provision have been elaborately discussed in uttam singh duggal & co.ltd.versus union of india reported at 2000 (7) scc120 in the said decision a contention was raised on behalf of the bank that admissions under ..... order sheet ga no.1767 of 2012 with cs no.103 of 2012 in the high court at calcutta ordinary original civil jurisdiction original side south calcutta diesels private limited versus manjula devi dugar before: the hon'ble justice soumen sen date ..... it is stated that in the objects and reasons set out while amending the said rule, it is stated that where a claim is admitted, the court has jurisdiction to enter a judgment for the plaintiff and to pass ..... under such circumstances, in my view, the defendant has failed to disclose any defence far less bona fide on the basis of which the claim in the suit ..... of the said decision the hon ble supreme court discussed the scope of order 12 rule 6 of the code of civil procedure as well as the expression otherwise which finds place in the said section. ..... filed seemingly with a view to resist the application filed by the plaintiff for sanction to prosecute and creating a cloud over the defence and giving a hazy picture about delivery of goods. ..... since 1st april, 2009 there is no contemporaneous .....
Tag this Judgment!Court : Kolkata
..... terms of the clause 12 of the letters patent, 1865 since the defendant indisputably has its principal place of business for the state of west bengal lying and situate within the ordinary original civil jurisdiction of this hon ble court, the ninth issue has to be answered in the affirmative and in favour of the plaintiffs. ..... the bengal municipal act, 1932 underwent amendments subsequent to deeds ..... corporation of india (supra) it has been held that sections 16, 17, 20 and 120 of the code of civil procedure, 1908 do not apply to a high court established by the letters patent, 1865. ..... the plaintiffs invoke the jurisdiction of this court in its ordinary original civil jurisdiction under clause 12 of the letters patent, 1865 in view of the situation of the principal office of the defendant within the territorial jurisdiction of the original side of this ..... appendix- a under the heading pleadings of the code of civil procedure, 1908 and subheading (1) titles of suits provides that a natural person should be described first and then his capacity in relation to subject matter in the cause title, that is to say, if an executor is suing on behalf of ..... 12 of the letters patent, 1865 this court would have jurisdiction over the subject matter if the defendant has an office within the ordinary original civil jurisdiction of this hon ble court at the time of institution of the suit regardless of the fact that no cause of action has arisen within the original civil jurisdiction of this hon ble court. .....
Tag this Judgment!Court : Kolkata
..... in the high court at calcutta civil appellate jurisdiction original side present: the hon ble acting chief justice mr.ashim kumar banerjee and the hon ble justice mr.arijit banerjee apo231of 2014 with cs168of 2013 m/s.k.c.das diamond and jewellers ..... he also drew our attention to order 4 rule 1 of the code of civil procedure which provides that every suit shall be instituted by presenting a plaint in duplicate to the court or such officer as it appoints in ..... where the writ has been amended, it shall also show in the margin the date of the order to amend. ..... he drew our attention to section 26 of the code of civil procedure, 1908 which provides that every suit shall be instituted by the presentation of a plaint or in such other manner as may ..... suit is a term of art and ordinarily means a proceeding instituted in a civil court by the presentation of a plaint. ..... air1962bombay 162 a full bench of the hon ble bombay high court held that the word suit in section 22 of the payment of wages act does not include any legal proceeding. ..... drew our attention to section 3 of the limitation act, 1963, relevant extracts whereof are set out hereunder:(1) subject to the provisions contained in sections 4 to 24 (inclusive).every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. ..... forget the well-recognized maxim of equity namely actus curiae neminem gravabit meaning, act of the court shall prejudice no man. .....
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