Court : Chhattisgarh
Reported in : AIR2006Chh52; 2006(3)MPHT42(CG)
..... should have a legal remedy to protect his property against the wrong action of the state and state authorities, instrumentalities of the state and other authorities by seeking appropriate legal remedies before the civil court and that no limitation on that right to seek legal remedy could validly be imposed by prescribing that no suit shall be instituted against the corporation until the expiration of one month ..... cpc has not expired, an intending plaintiff can file a substantive application under section 151 of the cpc invoking inherent powers of the court praying for grant of a temporary injunction and the civil court acting on such application can grant a temporary injunction having regard to the inherent powers saved by section 151 of the cpc and that such an order will only be operative till ..... , 1877 exempting such institution from embargo as has been done in sub-section (1) of section 319 of the madhya pradesh municipalities act, 1961 and since no power has been conferred on the civil court to grant urgent immediate relief without serving any notice as required by sub-section (2) of section 80 cpc as provided under sub-section (2) thereof, the impugned provision is liable to be condemned as ..... of the legislature in not enacting the provisions of the nature enacted in sub-section (1) of section 80 of the cpc empowering the civil court to grant urgent interim orders without insisting issuance of service of notice on the defendant authorities in section 401 of the act, could .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT69(CG)
..... by the instant writ petition under article 227 of the constitution oflndia the petitioner has questioned the legalipropriety and correctness of the order dated 6-4-2005 passed by learned 3rd civil judge, class-2, bilaspur, whereby learned civil judge while upholding the objection raised by respondents has ordered that objection raised by defendants is correct and the plaintiff is directed to correct valuation by the next date otherwise application filed by respondents herein ..... brief facts necessary for the disposal of this writ petition are that the petitioner herein filed a civil suit for permanent injunction before the court below with a prayer for issuance of the decree in favour of the petitioner and against defendants in the nature of permanent injunction that the defendants/respondents ..... abdul wasit reported in 1997 (1) jlj 105, argued that as the petitioner herein filed a civil suit against the respondents for permanent injunction to restrain them from entering into the petitioner's shop and locking the same is an illegal action, therefore, there is no question before the petitioner ..... bare reading of the plaint filed by the petitioner before the civil judge shows that in fact as mentioned in para 4 of the plaint that respondents gave a wrong statement of account to the ..... valuation and the trial court held that the plaintiff was liable to pay ad valorem court fee, which was upheld by the full bench of the high court of madhya pradesh in a civil revision filed by the plaintiff. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT75(CG)
..... which is by or under this act required to be settled, decided or dealt with by the competent authority; and (ii) to grant stay in any case under this act.it has been held by the lower appellate court that in fact, the civil jurisdiction over the matters like the present one was barred under the provisions of this section and on this count also, the plaintiffs' suit was not maintainable before the ..... in fact, it was a matter within the exclusive dominion of the competent authority and by virtue of section 46 of the act, no civil court was having jurisdiction to entertain a civil suit on the ground that the authority committed an error of law in deciding the claim of a party raised by him on the aforesaid ground. ..... tribunal does not act according to the fundamental principles of judicial procedure.it has further been held by the apex court while dealing with a matter under the madhya bharat abolition of jagirs act, where the civil jurisdiction was barred, that the order of tehsildar could not be challenged in the civil courts except on the ground that it was a 'nullity'. ..... certainly, the grounds raised by the plaintiffs before the civil court were the grounds covered under the provisions of this section as the plaintiffs had taken the ground of wrong description of the areas of lands in the revenue records and the competent authority being wrongly ..... principally, even if a bar is created by a special statute, the civil courts may entertain the civil suits under peculiar circumstances. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT98(CG)
..... -- (1) notwithstanding anything to be contrary contained in any other law or contract, no suit shall be filed in any civil court against a tenant for his eviction from any accommodation except on one or more of the following grounds only, namely :--(e) that the accommodation let for residential purposes is required bonafide by the landlord for occupation as ..... during pendency of the appeal he filed an application under order vi rule 17 of the code of the civil procedure averring that the landlord has made some construction and now he has total 11 rooms and the construction has been done in the year ..... during pendency of the appeal defendant filed an application under order vi, rule 17 of the code of civil procedure (for short, 'the code') averring that the plaintiffs have made some construction and now they have total 11 rooms in ..... the same was contested by the defendant mahesh prasad and on 6-10-1987 iiird civil judge, class ii, raigarh passed a decree of eviction in favour of sagar ..... i am of the opinion that the first appellate court did not commit any error in law in not allowing the application made by the defendant/appellant under order 41 rule 27 and order 6 rule 17 of the code of civil procedure and i answer the substantial question of law, accordingly.20. ..... 10-11-1986 sagar mal agrawal filed a civil suit for recovery of the suit house ..... the learned first appellate court disallowing the application under order 41 rule 27 of the code of civil procedure has committed no illegality.19. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(1)MPHT58(CG)
..... is constituted and which confers on its power in respect to the method and manner of exercising that jurisdiction will hear the second appeal, and the period of limitation prescribed for hearing of appeals under the code of civil procedure in article 116 of limitation act, 1963 would also be applicable in case of appeals filed under section 32 of the act.12. ..... certainly this jurisdiction to hear a second appeal under section 32 of the act would be analogous to section 100 of cpc and the limitation prescribed for hearing a second appeal under section 100 of the code of civil procedure would be applicable to the second appeals filed under section 32 of the aforesaid act. ..... in the facts and circumstances of the case, when the appellant, having been lost in the mjc filed before the district judge, had approached the high court by filing a civil revision against the said order vide c.r. no. ..... reach to the high court but he had not said that the appellant or his local counsel were having no knowledge about the fact that a second appeal is to be filed before the high court and mjc or civil revision etc. ..... 49/2003 before the district court and in civil revision no. ..... when the appellant could come to the high court at this late stage for filing the civil revision no. ..... it is further submitted that thereafter a revision under section 115 of cpc was filed against the said order passed in mjc before the high court and when this revision came up for hearing on 6-1-2005 vide civil revision no. ..... civil appeal .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002(1)MPHT64(CG)
..... -- any appeal or any application, other than an application under any of the provisions of order xxi of the code of civil procedure, 1908 (5 of 1908) may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application ..... appended to section 141 further clarifies the provisions by saying that in section 141 the expression 'proceedings' includes proceedings under order 9 of the code of civil procedure, but does not include any proceeding under article 226 of the constitution of india.18. ..... the legislature for making section 5 of the indian limitation act applicable to the civil suits and the proceedings is writ large. ..... by this petition under section 115, civil procedure code the applicant/ plaintiff seeks to challenge the correctness, validity and propriety of the order dated 21-12-1998 passed ..... are not registered as a civil suit and are registered as ..... 141 of the code of civil procedure refers to the miscellaneous ..... in dispute before me that against the present applicant civil suit nos. ..... in dispute before me that the present plaintiff filed civil suit no, 32-a of 1990. ..... the procedure provided in this code in regard to suits shall be followed as far as it can be made applicable, in all proceedings in any court of civil jurisdiction. ..... by learned fourth additionaldistrict judge, bilaspur, setting aside the ex parte decree passed in favour of the present applicant in civil suit no. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2005Chh17; 2005(2)MPHT61(CG)
..... in fact, dealing with the matter while examining prima facie case in favour of the petitioner, the appellate court has incidentally said that since the civil suit is barred before a civil court, therefore, a prima facie case is not made out in favour of the petitioner and the trial court erred in law in granting injunction ..... the dispute is an industrial dispute arising out of a right or liability under the general or common law and not under the act, the jurisdiction of the civil court is alternative, leaving it to the election of the suitor concerned to choose his remedy for the relief which is competent to be granted in a ..... court under section 115 of cpc by amendment act 46 of 1999 does not take away and could not have taken away the constitutional jurisdiction of the high court to issue a writ of certiorari to a civil court nor is the power of superintendence conferred on the high court under article 227 of the constitution taken away or whittled down. ..... the appellate court held that the dispute in hand is in fact, an industrial dispute and for this, the civil courts are having no jurisdiction to entertain a suit, therefore, the petitioner has no prima facie case in his favour ..... the petitioner also filed application for temporary injunction under order 39 rules 1 and 2 of the code of civil procedure praying that the defendants should be restrained from effecting the retirement of the plaintiff/petitioner on 31-3-2003 and the effect and operation of the order dated 28-2-2003 should .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2005(4)MPHT25(CG)
..... having heard learned counsel for the petitioner, i have perused the record as well as the orders passed by learned 3rd additional civil judge and also learned additional district judge. ..... 1 herein and set aside the order dated 9-3-2005 passed by learned 3rd additional civil judge whereby the application filed by respondent no. ..... in the court of learned 3rd additional civil judge, class-ii, bilaspur for issuance of permanent injunction restraining the petitioners herein from creating any obstruction in collecting the tax in the weekly cattle fair of village panchayat jhalmala and not to prevent the plaintiff ..... learned 3rd additional civil judge class-ii after hearing the parties rejected the application of plaintiff/respondent no. ..... 11/05 whereby learned additional district judge allowed the miscellaneous civil appeal filed by respondent no. ..... 1 and 2 in the suit pending in the court of the 3rd additional civil judge class ii, bilaspur have preferred this writ petition questioning the legality of order dated 28-3-2005 passed by learned additional district judge, bilaspur in miscellaneous civil appeal no. ..... 1 filed a miscellaneous civil appeal. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(4)MPHT43(CG)
..... after trial vide its judgment dated 8-4-2000, therefore, in my opinion, even though same parties were there in the above two suits, but as far as the other requirement of section 10 of the code of civil procedure is concerned, the condition, the matter in issue should also be directly and substantially in issue in a previously instituted suit must be satisfied in order to stay the proceeding of the suit instituted later in time. ..... the respondent was rejected twice earlier on the ground of principle of res judicata, the learned 8th additional district judge ought not to have exercised the power under section 151 of the code of civil procedure and that too on an oral request made by the counsel for the respondent and further that the matter was already fixed for judgment after hearing the arguments.14. ..... however, after disposal and dismissal of the suit for specific performance, the respondent herein again filed an application under section 151 of the code of civil procedure before the additional district judge for staying the proceedings of eviction suit on the ground that he has preferred an appeal before the high court against the dismissal of his suit ..... but this argument of the learned counsel is without any force because as far as filing of the revision under section 115 of the code of civil procedure is concerned, proviso to sub-section (1) of section 115 of the cpc lays down that 'provided that the high court shall not, under this section, vary or reverse any order made, or .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(2)MPHT40(CG)
..... 1 to 5 in this petition filed a civil suit along with an application under order 39 rules 1 and 2 of the cpc against the petitioners in the court of 3rd civil judge, class-ii for permanent injunction in which the plaintiffs/respondents herein mentioned that on 18-4-2002 they purchased a piece of land ad measuring 0.16 acre, bearing khasra no. ..... 10/2003 affirming the order dated 2-5-2003 passed by the 3rd civil judge, class-ii, bilaspur in civil suit no. .....
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