Judgment Search Results Home > Cases Phrase: code of civil procedure 1908 amending act 2 code of civil procedure amendment act 2002 Page 1 of about 10,356 results (0.188 seconds)

Machipeddi Ramaswamy Vs. P. Buchi Reddy

Court : Andhra Pradesh

Reported in : AIR2003AP446

..... 390 of 2002 under order viii, rule 10 read with section 151, cpc 1908 as amended by the code of civil procedure (amendment) act 1999 (act 46 of 1999) and the code of civil procedure (amendment) act 2002 (act 22 of 2002). ..... it is also interesting to note that rule 8-a, 9 and 10 in the code of civil procedure 1908 were omitted by act 46 of 1999 but again they were reintroduced after act 22 of 2002, rule 10 of order viii reads as under :procedure when party fails to present written statement called for by court :-- where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the ..... rule 1 of order viii, cpc as it existed prior to act 46 of 1999 and as it existed after amendment act 22 of 2002 reads as under :civil procedure code, 1908civil procedure code (amendment), 1999civil procedure code (amendment) act, 2002 thedefendant shall at or be-fore thefirst hearing or within such time as the court may permit, which shall not bebeyond thirty days from the date ofservice of summons on the defendant, present a written statement of his defence. ..... this rule is not inflexible or rigid, this is made clear by the proviso to rule 1 of order viii as amended by act 22 of 2002, it stipulates that it is competent for the court to specify the time beyond 30 days and in any case the same shall not be later than 90 days from the date of service of summons. .....

Smt. Rani Kusum Vs. Smt. Kanchan Devi and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3304; 2005(4)AWC3861G(SC); 2005(3)BLJR2132; 2005(4)CTC809; [2005(4)JCR118(SC)]; JT2005(7)SC409; 2006(I)OLR(SC)8; (2005)141PLR627; RLW2005(4)SC2244; (2005)6SCC705;

..... by the impugned order the learned single judge found no substance in the plea of the appellant that there was non-compliance with the requirements of order viii rule 1 of the code of civil procedure, 1908 (in short 'cpc') as amended by the code of civil procedure (amendment) act, 2002 (in short the 'amendment act').3. ..... the statement of objects and reasons for enacting code of civil procedure (amendment) act, 1976 (104 of 1976) (in short '1976 amendment act') highlight following basic considerations in enacting the amendments:-(i) with the accepted principles of natural justice that a litigant should get a fair trial in accordance;(ii) that every effort should be made to expedite the disposal of civil suits and proceedings, so that justice may not be delayed;(iii) that the procedure should not be complicated and should, to the utmost extent possible, ensure fair ..... 'by code of civil procedure (amendment) act, 1999 (46 of 1999) (in short the 'the 1999 amendment act') the text of order viii, rule 1 was sought to be substituted in a manner that the power of court to extend the time for filing the written statement was so circumscribed as would not permit the time being extended ..... the text of the provision in the present form has been introduced by the amendment act with effect from 1.7.2002. ..... the cpc enacted in 1908 consolidated and amended the laws relating to the procedure of the courts of civil judicature. .....

A. Sathyapal and ors. Vs. Smt. YasmIn Banu Ansari and anr.

Court : Karnataka

Reported in : ILR2004KAR1399

order 8 rule 1 -- what is the maximum time permissible to file written statement after the expiry of 30 days -- whether court has power to extend time beyond 30 days. held -- power to grant extension for filing the written statement stands exhausted no sooner the court grants 60 days beyond the initial period of 30 days regardless whether the extension is granted is one go or in smaller bits from time to time. after the period of 90 days, the defendant looses the right to file the written statement.(c) civil procedure code, 1908 (central act no. 5 of 1908) -- (amendment act of 2002) --

S. Shiva Raja Reddy and ors. Vs. S. Rahgu Raj Reddy and ors.

Court : Andhra Pradesh

Reported in : 2002(5)ALD181; 2002(4)ALT594

..... made further amendment to the code of civil procedure, 1908 under act 22 of 2002. ..... for section 100-a of the principal act (as substituted by section 10 of the code of civil procedure (amendment) act, 1999 (46 of 1999) the following section shall be substituted ..... the amending act was introduced on the basis of various law commissions reports recommending for making appropriate provisions in the code of civil procedure, which are intended to minimise the litigation, to give the litigant fair trial in accordance with the accepted principles of natural justice, to expedite the disposal of civil suits and proceedings so that justice is not delayed, to avoid complicated procedure, to ensure a fair deal to the poor and restrict second appeals to such questions as are certified by the courts ..... enacted act 104 of 1976 making several and far reaching amendments to the provisions of code of civil procedure. ..... the correctness of the decision of a court of first instance may have to be borne in mind in order to consider the true and real meaning and the object intended to be achieved by the newly incorporated section 100-a of the code of civil procedure.21. ..... further of the view that there is a presumption against the retrospective operation of a statute and further a statute is not to be construed to have a greater retrospective operation than its language renders necessary, but an amending act which affects the procedure is presumed to be retrospective, unless the amending act provides otherwise. .....

Deepak Dwarkaprasad Gupta and anr Vs. Ms. Sitaram Enterprises.

Court : Mumbai

..... prior to the amendment of the code of civil procedure, 1908 by the code of civil procedure (amendment) act, 2002 and hence ratio of the said judgment will be a binding precedent. 5. ..... provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 (46 of 1999) and by section 7 of this act shall n t apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case where the hearing of the case had concluded before the commencement of section 13 of this ..... learned advocate for the petitioners contends that such an amendment would be barred by the proviso to order 6 rule 17 of the code of civil procedure, 1908. ..... from perusal of section 16(2), it is made clear that the provisions of rule 17 of order vi shall not apply to or in respect of any pleadings filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of the 2002 act. .....

Anil Kushabrao Phutane Vs. Madhukar Kushabrao Phutane and ors.

Court : Mumbai

Reported in : AIR2006Bom1; 2006(1)ALLMR555; 2006(1)BomCR786; 2006(1)MhLj369

..... trial court and the learned single judge found that the mandate in the time schedule prescribed in order viii, rule 1 of the code of civil procedure, 1908, as amended by the code of civil procedure (amendment) act, 2002 (in short, 'the amendment act, 2002') does not permit to accept the written statement filed beyond 30 days (which is the normal period) and even beyond 90 days which ..... rules 1, 5, 9 and 10 of the code of civil procedure as amended by act 22 of 2002 indicates that in exceptional and extraordinary cases the court has discretion to permit the defendant to file the written statement beyond the period of 90 days stipulated under rule 1, order viii of the code of civil procedure. ..... the statement of objects and reasons for enacting code of civil procedure (amendment) act, 1976 (in short, '1976 amendment act') highlights following basic considerations in enacting the amendments :--(i) with the accepted principles of natural justice that a litigant should get a fair trial in accordance;(ii) that every effort should be made to expedite the disposal of civil suits and proceedings, so that justice may not be delayed;(iii) that the procedure should not be complicated and should, to the utmost extent ..... by code of civil procedure (amendment) act, 1999 (46 of 1999) (in short 'the 1999 amendment act'), the text of order viii, rule 1 was sought to be substituted in a manner that the power of court to extend the time for filing the written statement was so circumscribed as would .....

Nachipeddi Ramaswamy Vs. P. Buchi Reddy

Court : Andhra Pradesh

Reported in : AIR2003AP409; 2003(4)ALD648; 2003(4)ALT642

..... 390 of 2002 under order viii rule 10 read with section 151 cpc 1908 as amended by the cods of civil procedure (amendment) act, 1999 (act 46 of 1999) and the code of civil procedure (amendment) act, 2002 (act 22 of 2002). ..... rule 1 of order viii cpc as it existed prior to act 46 of 1999 and as it existed after amendment act 22 of 2002 reads as under:civil procedurecode,1908civil procedure code, (amendment)act, 1999civil procedure code, (amendment!act, 2002the defendant shall ator before the first hearing or within such time as the court may permit,which shall not be beyond thirty days from the date of service of summons onthe defendant, present a written ..... it is also interesting to note that rules 8-a, 9 and 10 in the code of civil procedure, 1908 were omitted by act 46 of 1999 but again they were reintroduced after act 22 of 2002. ..... the very fact that the parliament which chose to delete rule 10 of order viii cpc again decided to reintroduce it by act 22 of 2002 would show that order viii rule 1 cpc as amended by act 22 of 2002 cannot be interpreted in strict terms. ..... this is made clear by the proviso to rule 1 of order viii as amended by act 22 of 2002. ..... the very fact that rule 10 is reintroduced by act 22 of 2002 by the parliament would show that the parliament never intended the civil court to pronounce judgment immediately after the failure on the part of the defendant to file written statement within 90 days.8. .....

Shri Rahul Sharad Awasthi Vs. Shri Ratnakar Trimbak Pandit and ors.

Court : Mumbai

Reported in : 2004(3)ALLMR896; 2004(5)BomCR50; 2004(4)CTC241; 2004(3)MhLj706

..... high court in appeal against an original decree or order rendered before 1st july, 2002, the pending letters patent appeal as on 1st july, 2002 preferred against such judgment and order of the single judge shall remain unaffected by section 100-a of the code of civil procedure, 1908 as substituted by section 4 of the code of civil procedure (amendment) act, 2002.iv) in other words, section 100-a as substituted by code of civil procedure (amendment) act, 2002 has a limited retrospectivity as indicated in clause (i) above and to that extent vested right of the parties to the ..... 2002. ii) the provisions of section 100-a in the code of civil procedre, 1908 substituted by section 4 of the code of civil procedure (amendment) act, 2002 shall not apply to the judgment and order of the single judge of the high court in appeal against an original decree or order rendered before 1st july, 2002 and the letters patent appeal preferred against such judgment or order on or after 1st july,2002.iii) in relation to the suit instituted prior to 1st july, 2002 and the judgment or order of the single judge of the .....

Shri Chandreshwar Bhuthanath Devastan of Paroda by Its Special Attorne ...

Court : Mumbai

Reported in : (2003)105BOMLR915

..... heard the learned counsel for the appellant and the respondents as well as the other learned counsel in the above matter including the learned advocate general to assist us on the issue as to whether section 100a of the code of civil procedure, 1908, which has been amended by the code of civil procedure (amendment) act, 2002 will be prospective in operation or retrospective in operation. ..... to appreciate the contentions with regard to the above issue, it would be relevant to quote section 100a of the code of civil procedure, 1908 which for the first time by this code of civil procedure (amendment) act, 1976 by section 38 was incorporated as under:-section 100a. ..... of the parliament, to have retrospective operation is explicit from sub-section (2) of section 16 of the repeal and savings section in the code of civil procedure (amendment) act, 2002 wherein the learned counsel pointed out that the parliament has made it clear that without prejudice to the generality of the provisions of section 6 of the general clauses act, 1897, only in three categories of the amendments namely amendments pertaining to section 102, rules 5, 15, 17 and 18 of order vi of the first schedule and rule 1 of order xx of the first schedule .....

M/S Marine Cret E (India) Vs. M/S Gold Star Machinery and General Co.

Court : Mumbai Goa

..... any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of this act; (c) the provisions of rule 1 of order xx of the first schedule as amended by section 13 of this act shall not apply to a case where the hearing of the case had concluded before the commencement of section 13 of this ..... section 16(2)(a) of the code of civil procedure (amendment) act, 2002 (amendment act, 2002, for short). 7 ..... provisions of section 102 of the principal act as substituted by section 5 of this act, shall not apply to or affect any appeal which had been admitted before the commencement of section 5; and every such appeal shall be disposed of as if section 5 had not come into force; (b) the provisions of rules 5, 15, 17 and 18 of order vi of the first schedule as omitted or, as the case may be, inserted or substituted by section 16 of the code of civil procedure (amendment) act, 1999 and by section 7 of this act shall not apply to in respect of ..... , as substituted by section 5 of the amendment act, 2002, provides as under: "102 no second appeal ..... for the defendants has contended that this second appeal is not maintainable in view of the provisions of section 102 of the code of civil procedure, 1908 (c.p.c. .....