Court : Gujarat
Reported in : AIR1980Guj126; (1980)GLR335(GJ)
..... decide whether the provisions of the said act apply or whether the judgment-debtor is a 'debtor' within the meaning of the said act as preliminary questions in a suit or execution proceedings, the civil court must necessarily have jurisdiction to decide all incidental questions interlinked therewith and arising therefrom in order to come to a final and effective conclusion in regard to the existence or otherwise of those two ..... of sections 85 and 85-a of the bombay tenancy and agricultural lands act, 1948 in other words, the maharashtra act, like the tenancy act completely ousts the jurisdiction of the civil court in matters arising under the act and provides that if a question arises under the act, it shall refer the issue to the authonsied officer and await his decision. ..... have been laid down by the supreme court in that case :(1) where the statute gives finality to the orders of the special tribunals the civil courts' jurisdiction must be held to be excluded if there is an adequate remedy to do what the civil court would normally do in a suit such provision, however, does not exclude those cases where the provisions of the particular act have not ..... as the defendant raised the contention that he was a 'debtor' within the meaning of that expression given in gujarat rural debtors' relief act, 1976, the civil court must stay its hands and cannot proceed with the suit or the execution proceedings until the question raised by the defendant or the judgment-debtor was determined by .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj1
..... on the application of either party, made within eight days from the date of the decree or order in the suit (not being a decree passed under section 522 of the code of civil procedure), order a new trial to be held, or alter, set aside or reverse the decree or order, upon such terms as it thinks reasonable, and may, in the meantime, stay the proceedings. ..... in the order of the learned single judge, the decision of this court rendered by the then hon'ble chief justice in civil revision application no.1948 of 1996 pronounced on 23-12-1996, was relied upon, wherein, it has been observed that it would be open to the aggrieved party to prefer a revision before the appellate bench, seeking ..... once the applicant, in an application under section 41, elects to obtain relief, not under the ordinary procedure in ordinary civil court, but under the summary procedure prescribed in chapter vii of the act, obviously, he has to strictly follow the provisions of that chapter on order under section 41 in an ..... whether the order, decision or verdict in an application under section 41 of the act can be questioned under section 38 of the act or under section 115 of the general revisional remedy provided in the code of civil procedure, 1908 (for short `the code'). ..... request of learned counsels appearing for the parties, and the matters are being disposed of by this common judgment, in a reference made by the learned single judge by order dated 10-10-2001 in civil revision applications nos.601 to 609 of 2001. .....
Tag this Judgment!Court : Gujarat
Reported in : (1977)0GLR271
..... section 35 of the code of civil procedure, 1908 (hereinafter referred to as 'the code'), in so far as it is relevant, provides that subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and .....
Tag this Judgment!Court : Gujarat
Reported in : [2004(101)FLR1224]; (2004)IIILLJ435Guj
..... the reference may be made tothe relevant provisions of code of civil procedure forservice of summons as per order v rules 9 to 31 of c.p.c.providing for issue and service of summons. ..... toserve the summons on the contractors, are quashed and setaside, with a clarification that it will be open for thepf authorities to effect service of summons upon thecontractors through the manner and method as providedunder the code of civil procedure referred tohereinabove. ..... however, so far as the mode of service ofsummons is concerned, it will be either through theagency serving the summons, the government machinery orthe police as the case may be, as per the provisions ofthe civil procedure code. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj36; (1977)GLR840
..... it would be merely stating an obvious that where amount is payable under a decree made by civil court it is to be recovered by the procedure prescribed in order xxt it cannot be recovered as an arrear of land revenue by the collector. ..... 181 only relates to applications under the code of civil procedure, in which case, no period of limitation has been prescribed for the application. ..... 161 to applications under the code of civil procedure only or any other application in a -proceeding to which limitation act would apply by reference to s. ..... article 183 provides a period of limitation of 12 years to enforce a judgment decree or order of any court established by royal charter in the exercise of its ordinary original civil jurisdiction, or an order of the supreme court. ..... as the questions herein raised also arose in civil revision application n6 517 of 1970 (1972? ..... 181 of the limitation act, 1908 only applies to applications under the code of civil procedure and (despite? ..... 1,82 applied to -applications for execution of a decree or order of any civil court it could not apply to application for execution of the award, the award itself not being called a decree or order of civil court. ..... act by fiction of law, it is deemed to be a decree so as to provide for the same procedure prescribed in the civil p.c.for delivery of possession the answer has to be understood to mean that by the provislions, contained in section 38 (3) (iii) the procedudre prescribed for delivery of possession in the civil p.c. .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR729; (2004)IILLJ970Guj
..... adopt while examining validity of the award of the industrial tribunal, such as (a) the entire purpose of the industrial adjudication of industrial dispute is industrial peace and harmony, (b) the tribunal has wider powers than the ordinary civil court, (c) court's approach should be to uphold the tribunals' awards as far as possible and not to upset it by searching some loopholes here and there or on some ordinary lapses or technical errors, (d) industrial ..... the fact that the workmen concerned were working in the stockyard since years is of little importance inasmuch as workmen were continued in service in view of directions issued by the high court in special civil application nos.8007 of 1990 & 8167 of 1990 wherein prayers for abolition of labour contract system and referring the matter to the advisory body constituted under the act for opinion are made and, therefore ..... the tribunal because nothing prevented the writ petitioner from producing these materials before the tribunal and power to remand available under the provisions of order xli, rule 25 of the code of civil procedure, 1908 should be exercised sparingly and not for the purpose of fresh adjudication or to enable the writ petitioner to fill up gap in evidence. ..... high court to constitute itself into an appellate court over tribunals constituted under special legislations to resolve disputes of a kind qualitatively different from ordinary civil disputes and to readjudicate upon questions of fact decided by those tribunals. .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)3GLR2248; (2002)IVLLJ466Guj
..... when the appointments of the petitioners are irregular and in case the order of termination of their services is set aside on the ground that the provisions of rule 33(1)(b) of the bombay civil service rules has not been followed, then it will result in revival of or restoration of the irregular appointment order and this will be resulted to continue those illegal appointees. ..... this court can legitimately decline to interfere with the order of termination of services of the petitioners though it may be made in violation of the provisions of rule 33(1)(b) of the bombay civil service rules or section 25f of the industrial disputes act where quashing of the same will result in revival of irregular appointment. ..... lastly, it is contended that the termination of the services of the petitioners is bad as the provisions of rule 33(1)(b) of the bombay civil service rules, 1959, have not been followed, meaning thereby, the petitioners were not given one month's notice or one month's pay in lieu of notice. ..... be that as it may, as the respondents have admitted that the services of the petitioners in these two special civil applications have not been terminated, i am not dismissing these petitions on this ground and considering the matter on merits.9. ..... the last contention raised that the termination of services of the petitioners has been made without any notice or notice pay as required under rule 33(1)(b) of the bombay civil service rules, is also devoid of merits and substance. .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR292
..... clauses, may apply for a review of judgment to the court which passed the decree or made the order, and the court may make such order thereon as it thinks fit' 10. it is well settled law that provisions of civil procedure code would not apply to the writ petition filed under article 226 of the constitution of india ..... . the aforesaid provisions of review under section 114 of code of civil procedure applies only in a case of decree or order or decision and reference from a court of small causes ..... i would like to reproduce provisions of review under section 114 of code of civil procedure, which reads as under :-114. ..... civil application under section 114 of civil procedure code for reviewing order dated 14.8.2002 passed by this court in special civil application no. ..... . in that view of the matter, i am of the considered opinion that no case is made out for reviewing or recalling my earlier order dated 14.8.2002 dismissing the special civil application no ..... . special civil application no ..... special civil application no. ..... special civil application no. .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)2GLR1412
..... this petition has been moved praying for the following reliefs :'(a) your lordships be pleased to admit this special civil application;(b) your lordships further be pleased to allow this special civil application quashing and setting aside the judgment and order passed by hon'ble gujarat state co-operative tribunal, ahmedabad in appeal no.1190 of 2002 dated 28/8/2003 confirming the ex-parte judgment ..... the said evidence has been referred to in detail in the judgment rendered in special civil application no.1188 of 2004 today, the facts remaining the same, it is not ..... after considering various claims and counter claims made in the various civil applications left the matter regarding ownership of the ship as to who has to be treated as the importer of the ship to the commissioner of customs and central excise, rajkot ..... 'f') of the assistant commissioner of customs, bhavnagar came to the notice of the petitioner-bank only when the same was produced by respondent no.3 along with the affidavit in rejoinder of dr jogadia in special civil application no.1188 of 2004 only about a week ago. ..... it is necessary to take note of the fact that special civil application nos.11935 of 2003, 1188 of 2004 and 1234 of 2004 had been originally circulated before the ..... deep approached this court by way of special civil application no.9085 of 1998 on receipt of the show-cause notice and ultimately this court passed an order on 4th december, 1998 permitting deep to withdraw the petition and reply to the show .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2590
..... it is true that court has no inherent powers to add legal representative and court cannot invoke its inherent power under section 151 of the code of civil procedure for purpose of impleading the legal representatives of the deceased appellant if the appeal had abated for want of steps for bringing heirs and legal representatives of the deceased appellant not taken in time ..... khan, air 1984 karnataka 234 in view of rule 39 of the writ proceedings rules as framed by the karnataka high court making the provisions of code of civil procedure applicable to writ proceedings and writ appeals, it was held that the provisions of the code were applicable to writ proceedings and writ appeals.9. ..... ' so, though the supreme court by necessary implication negatived the attraction of the provisions of order 47 of the civil procedure code to the writ jurisdiction of the high court, it firmly established the existence of such powers, but they clarified that such inherent powers could be involved 'to prevent miscarriage of justice or to correct grave and ..... so, strictly speaking, considering explanation of section 141 of the code of civil procedure, the provisions of code of civil procedure are not applicable to writ proceedings under art.226/227 of the constitution of india and proceedings of letters patent appeals but according to apex court, such provisions of code of civil procedure can be taken into account as a guide and to adopt such reasonable procedure while considering such an application .....
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