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Ms. Indrayani Foods Ltd. Vs. Pam-pac Machines Pvt.Ltd.

Court : Mumbai

..... the applicant/petitioner(original defendant)(judgment debtor) by this revision application under section 115 of the code of civil procedure (cpc) has challenged the order dated 30 april 2011 passed by the learned iind joint civil judge senior division, satara below exhibits 28 and 31 in special darkhast no.42 of 2010, whereby both these applications raising objection to the execution proceeding instituted by the respondent (original plaintiff) (decree holder) based upon a compromise decree, ..... 4 the respondent filed special suit no.886/2008 on 30 april 2008 in the court of civil judge, senior division, pune for specific performance of agreement and for the sale deed. ..... ] order 18 resultantly, civil revision application is dismissed. .....

Syed Abdul Razzak AminuddIn and Hazrat Gaiban Shah Baba Syed Through I ...

Court : Mumbai

Reported in : 2009(111)BomLR3609

..... , the court shall not allow the institution of the suit against the board unless notice under section 89 of the wakf act in writing has been delivered and as per section 26 of the code of civil procedure, every suit shall be instituted by presentation of the plaint or in such other manner as may be prescribed and since the word shall is used in section, such presentation of the suit cannot ..... it is further submitted that there is no analogy between notice under section 89 of the wakf act, 1995 and notice under section 80 of the code of civil procedure, since there is provision of sub-section (2) of section 80 of the code of civil procedure that suit may be instituted with the leave of the court, if the court is satisfied, but such provision is not there under section 89 of the wakf act, ..... this in hand instituted without issuance of notice in accordance with section 89 of the wakf act, as in the present case, clearly fall under order 7 rule 11(d) of the code of civil procedure, since the said notice is express and explicit and no deemed waiver is contemplated thereof, as canvassed by the learned counsel for the petitioners. 21 ..... and analogy in notice under section 89 of the wakf act, 1995 and notice under section 80 of the code of civil procedure, and both the said provisions are not akin to each other, since the provision of sub-section (2) of section 80 of the code of civil procedure of institution of the suit with the leave of the court is not available under section 89 of the .....

Abdul Majid Ibrahim Vs. Bhaurao Atmaram Patil

Court : Mumbai

Reported in : AIR1959Bom67; (1958)60BOMLR1434; ILR1959Bom502

..... 'is it open to a court, hearing an application under order xliv, rule 1 of the civil procedure code, after issuing notice to the opposite party and the government advocate, to consider the question whether the decree appealed from is contrary to law or to some usage having the force of law or is otherwise erroneous or ..... this is an application for revision under section 115 of the civil procedure code of an order of the second additional district judge, amraoti, dismissing the applicant's application for leave to appeal as pauper.2. ..... even in the allahabad case it would appear that the judges who ordered notice of the appeal to issue had not considered the question as to whether the requirement of the proviso to rule 1 of order 44 of the civil procedure code were satisfied. ..... do we lay down that once notice has been issued the court is compelled to hear the opposite party and cannot change its mind and review its previous order under section 151 of the code of civil procedure. .....

Balkrishna Bhanudas Chillal Vs. Narayanibai Ramkrishna Kukal

Court : Mumbai

Reported in : AIR1979Bom106

..... in the result, i dismiss this civil revision application end discharge the rule.7. ..... on the strength of the map prepared in the second survey the respondent filed a suit in the court of the civil judge, junior division, akkalkot, on deputation at sholapur, being regular civil suit no. ..... against this decree the petitioner filed an appeal, being civil appeal no. ..... by the civil p c. ..... it is now too well-settled that the exercise of powers under section 115 of the civil p. c. ..... 28 and 29 of order xli of the civil p. c. ..... to the trial court, and the trial court should then return its findings to the district court which must rehear the appeal so far as was necessary and dispose it of under order xli, rule 25 of the civil p. c. ..... rege's submission, prior to the coming into force of the civil p. c. .....

M/S. J.K. Enterprise Vs. Prithviraj Ratanchand Mehta and Another

Court : Mumbai

Reported in : AIR1991Bom162; 1991(1)BomCR480; (1990)92BOMLR572

..... in the facts of the case before the supreme court, the supreme court further came to the conclusion that the high court in its jurisdiction under s.115 of the code of civil procedure had erred in interfering with the discretionary order that was passed by the addl. ..... the short point raised in the present civil revision application is regarding the correctness or otherwise of the order dated 30th january 1989 granting conditional leave to defendant no. ..... 1785 of 1988 was instituted by the first respondent plaintiff in the city civil court, bombay, claiming a sum of rs. .....

T. Raghavan Nair Vs. Brij Mohan P. Sethi and ors.

Court : Mumbai

Reported in : 2003(2)ALLMR548; 2003(4)BomCR606; 2003(2)MhLj762

..... in view of the above order, civil applicationno. ..... before i proceed to consider the rivalsubmissions, it is relevant to point out that thepetition filed application being civil applicationno. ..... 2, filed applicationpurported to be under the provisions of order 21 rule 99of the code of civil procedure. .....

Ram Kishan Surajmal Vs. Nathu Raoji

Court : Mumbai

Reported in : AIR1959Bom86; (1958)60BOMLR457

..... was similar to the present and it seems to have been his view that in a case where extension of time is granted the court can exercise its power under section 149 of the civil procedure code only.however, a different view has been taken in achut ramchandra pai v. ..... 'dealing with the argument advanced before the learned judges that the view taken by hem was in conflict with section 149 of the civil procedure code, the learned judge observed at page 45 (of ilr bom) : (at p. ..... that if a plaintiff obtains under section 149 of the civil procedure code an extension of time for the payment of the deficit court-fees on a false representation, behind the back of the defendant, the court granting the extension is entitled to review the order on the general principles ..... this is a plaintiff's application for revision of an order dated 17-1-1957 passed by the third civil judge, akola, ecpowered under section 18 of the c.p. .....

Rajendra Dinanath Patil Vs. Usman Sajjan Patel and Others

Court : Mumbai

Reported in : AIR1992Bom164; 1991(4)BomCR294; 1993(1)MhLj201

..... 4 questioned the valuation contending that plaintiff had to value the suit site according to its market price and that if it was so valued, the city civil court where the suit had been instituted, would have no pecuniary jurisdiction to try the suit.3. ..... 4 takes exception to the finding recorded by a judge of the city civil court vis-a-vis the preliminary issue relating to pecuniary jurisdiction.2. ..... the plaint as do most of the plaints in bombay ignores the legal requirement incorporated in sub-rule (i) of rule 1 of order vii of the code of civil procedure, 1908 (cpc). ..... the matter will go back to the city civil court. .....

Bata Shoe Co. Ltd. Vs. Union of India

Court : Mumbai

Reported in : AIR1954Bom129; (1953)55BOMLR746; ILR1953Bom1157

..... a statutory notice required by the provisions of the railways act as well as the civil procedure code is no doubt an essential preliminary step for the valid institution of a suit; but that would not make such a notice a part of the cause of action for, the suit itself. ..... section 18(b) confers jurisdiction on the small cause court to try ail suits of a civil nature within its pecuniary jurisdiction where all the defendants at the time of the institution of the suit actually and voluntarily reside, or carry on business or personally work for gain, within the local limits of the ..... considered the expression 'carries on business' and observed that the business intended by section 19, civil p. c. ..... but we are disposed to hold that the context in which the word has been used in section 18(b), presidency small cause courts act, section 20, civil p. c. ..... the words used in this sub-section are identical with the words used in section 20 civil p. c. .....

The State of Maharashtra (Through the Special Land Acquisition Officer ...

Court : Mumbai

Reported in : 2003(2)ALLMR852; 2003(5)BomCR813; 2003(3)MhLj661

..... by application under section 152 of code of civil procedure, it was sought to be contended by the petitioner that after passing of the award by the land acquisition officer under section 11 of the land acquisition act, 1894 (hereinafter called as'the said act'), the government had ..... the powers bestowed upon the civil courts under section 152 of c.p.c. ..... section 152 of the civil procedure code envisages correction of clerical or arithmetical mistakes or errors arising from the accidental slip or omission. ..... months from the passing of such decree could not have substituted the same by almost new decree by granting such reliefs as were not granted earlier, by exercising the powers under section 152 of the code of civil procedure.8. ..... it was held that the omission to grant pendente lite interest to the decree holder by the arbitrators and trial court cannot be held to be accidental omission or mistake and therefore, cannot be corrected under section 152 of code of civil procedure. ..... the petitioner challenges the order dated 31.8.1994 by which the district judge, raigad has dismissed the applications filed by the petitioner under section 152 of the code of civil procedure.2. .....