Court : Kolkata
Reported in : AIR1997Cal96,[1998]94CompCas642(Cal)
..... 22 states that the tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908 but shall be guided by the principles of natural justice and shall have powers to regulate their own procedure including places at which they shall have their sittings. ..... 28 shall apply any part of the amount exempted from attachment in execution of a decree of civil court under sec. ..... following mode namely(a) attachment and sale of the moveable or immoveable property of the defendants;(b) arrest of the defendant and his detention in prison; (c) appointing a receiver for the management of the moveable or immoveable properties of the defendant.section 26 bars the defendant to dispute before the recovery officer about the correctness of the amount specified in the certificate and no such objection to the certificate on any other ground shall be entertained by the recovery officer. ..... enacting the act of 1993 it was also considered that on september 30, 1990more than 15 lakhs of cases filed by the public sector banks and about 304 cases filed by the financial institutions were pending in various courts of india in which recovery of debts involved more than rs. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal155,64CWN734
..... how could the petitioner ascertain the amount which was required to he deposited under order 21 rule 89 of the code of civil procedure and how could he ascertain the amount specified in the proclamation of sale without getting an information from the execution clerk. ..... rule 246 of the civil rules and orders was not framed by the rule committee of this court as constituted under section 123 of the code of civil procedure and it cannot, therefore, have the effect of altering, or adding to the provision of order 21, rule 89 ..... if, of course, the petitioner were wellversed in law, he could read order 21 rule 89 and then apply for inspection of the records and make out the calculation for himself and deposit in court for payment to the decree-holder the amount specified in the proclamation of sale and for payment to the auction-purchaser a sum equal to 5 per cent of the purchase-money. ..... pointed out that the deposit in that case was made by a muktear who'following the ordinary practice went to the executive mohurer of the munsif's court in order to ascertain from him the amount recoverable under the decree and apparently he ascertained what amount also was payable to the purchaser. ..... as a matter of practice and it is also to be found in this case a calculation is made on the back o the petition for execution presented by the decree-holder and the calculation is made with reference to the application. ..... /4/- against the petitioner and that decree was put into execution in money execution case no. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal128,95CWN758
..... our attention was also drawn to the provisions of rule 208 of the civil rules and orders which was framed by this high court in accordance with the power conferred upon the high court under the provision of the code of civil procedure rule 208 of the civil rules and order framed by this court provides-'a decree-holder praying for police help in execution shall state in his application the full reasons thereof, supported, if required, by an affidavit. ..... here for execution, discharge and satisfaction of a decree suit is clearly barred and where the execution has been made not by the executing court in the manner provided under civil procedure code, but in a manner which amounts afraud upon the statute, in our view, this question cannot be said to be within the exclusive jurisdiction of the executing court under section decree in excess or there was a wrong identification but it is a case of executing a decree with police help by an order of the executive magistrate who has no jurisdiction to pass such an order. ..... 300a of the constitution of india, this court had every jurisdiction to pass appropriate order, inasmuch as, the interim order is passed in aid of the main relief in pending of the appeal before this court. ..... 300a of the constitution of india provides that no person shall deprive of his property save by authority of law. ..... 300a of the constitution of india. .....
Tag this Judgment!Court : Kolkata
Reported in : 3Ind.Cas.539
..... under section 24 of the code of civil procedure of 1908 ..... a reference to the provisions of section 2 of the code of civil procedure and section 39 of the bengal civil courts act, however, shows conclusively that ..... this is a reference by the district judge of patna under section 23 of the code of civil procedure of 1882, for transfer of a suit now pending in the court of the subordinate judge of patna to the ..... section 39 of the bengal civil courts act provides that ' for the purposes of the code of civil procedure the presiding officer of a court, subject to the administrative control of the district judge, shall be deemed to be of a grade inferior to that ..... section 2 of the code of civil procedure provides that every court of a grade inferior to that of a district court shall be deemed to be subordinate to ..... in which the suit has been brought is or is not subordinate to the district court, regard ought to be had to the circumstances of the particular litigation, and that if an appeal lies from the decree in that suit to the high court and not to the district court, the district court cannot be regarded as the court to which the court of the subordinate judge is subordinate for the purpose ..... even if the reference were not in order, the application for transfer which is addressed to this court, might be treated as made directly under section 25 of the code, and there would be no substance in the objection that it was irregular because it had been transmitted through the district court.3. .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT458(HC),2006(2)CHN607
..... if the case is not covered within the four-corners of section 47 of the code of civil procedure, the dispute cannot be said to be one relating to execution, discharge or satisfaction of the decree and bar under the said section is not attracted.11. ..... once remedy under section 115a of the code of civil procedure has been exhausted, the high court would interfere under article 227 of the constitution of india only in the rarest of the rare cases.13 ..... moreover, this is an application under article 227 of the constitution of india challenging an order passed by the revisional court under section 115a of the code of civil procedure. ..... syama prasanna roychowdhury, learned senior advocate, appearing in support of this application under article 227 of the constitution of india argues that no suit is maintainable as the plaintiff ought to have approached the executing court, particularly, when an application under section 47 of the code of civil procedure is pending in the executing court; the suit is, therefore, barred by law. ..... following facts are relevant to deal with this application under article 227 of the constitution of india:(a) admittedly, asit kumar ghosh, since deceased, was the original landlord of 23a, asutosh chowdhury avenue, previously known as 23a, old ballygunge road, ..... is an application under article 227 of the constitution of india against judgment and order dated january 20, 2006 passed by the learned district judge, district south 24-parganas in civil revision case no. .....
Tag this Judgment!Court : Kolkata
Reported in : IV(2004)BC39,(2004)2CALLT182(HC)
..... is an application under clause 13 of the letters patent, 1865 read with section 24 of the code of civil procedure, 1908. ..... he has submitted that the respondent intends to file an application under section 10 of the code of civil procedure once the writ of summons is served; and in any case, the results of the two prior suits filed by the respondent shall determine the suit filed by the petitioners in this ..... on the provisions contained in clause 13 of the letters patent and section 24 of the code of civil procedure, in support of his contentions mr. ..... admittedly, in the suits filed by chandi prasad, because of order viii rule 6a(1) proviso of the code of civil procedure, premlata and madhulika cannot set up their respective counter-claims, as their such claims exceed the pecuniary limits of the jurisdiction of the court in which said suits ..... enquiry into loss and/or damage suffered by the plaintiffs and each of them and a decree or decrees be passed as may be found due upon such enquiry. ..... framed by the securities & exchange board of india, and the city civil court may not be the better forum for the ..... framed by the securities & exchange board of india, if the same is required in course of adjudication of the issues involved in the ..... framed by the securities & exchange board of india, and relied on the decisions in the cases of (1) kalidas roy and ors. ..... air1951cal286 ; (4) the general council of the church of india and anr. v. ..... is also registered with the securities & exchange board of india. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal148,(2008)2CALLT509(HC),2008(3)CHN202
..... appeal. that being so, this court has no jurisdiction to consider the matter and has no jurisdiction to apply section 21 of the code of civil procedure, and it seems to me, therefore, that section 21 of the code can have no application in a case of this kind which is brought on the original side of this court ..... :6. ...it is a fundamental principle well-established that a decree passed by a court without jurisdiction is a nullity, and that its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage of execution and even in collateral ..... cannot be accepted as we hold that the cause of action as pleaded in the plaint did not arise within the ordinary original civil jurisdiction of this court since refusal to pay the money to the concerned parties including the plaintiff on maturity of the fixed deposits by the oriental bank of commerce and exercise of lien by the said bank took place at the khidderpore branch of the bank which is outside the ordinary original civil jurisdiction of this hon'ble ..... . evdomen corporation) paragraphs 4, 6 and 8)2) 2002 (1) clj 366 (db) (steel authority of india ltd. v ..... referred to and relied on the following decisions in support of the contention that the suit filed against the defendant bank is perfectly valid and maintainable since the defendant bank carries on business within the ordinary original civil jurisdiction of this court.1) : air1999sc2352 (food corporation of india v .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal380,65CWN191,[1962(5)FLR154]
..... noticed that by section 8 of the code of civil procedure, 1908, section 20 of the code is made inapplicable to the presidency small cause, courts whereas by section 6 of the city civil courts act, section 20 of the code is made applicable to the city civil court.15. ..... found in the letters patent (with just a slight difference, to be explained hereinbelow) and preserved and maintained in the constitutional enactments, the government of india acts, 1915/1919 (sections 106 and 112) and 1935 (section 223) and in our present constitution (article 225). ..... jurisdiction of and the law administered by the high court is maintained to sections 106 and 112 of the government of india act, 1915, in section 223 of the government of india act, 1935 and in article 225 of the constitution of india. ..... in the muffasil, outside the city of calcutta, the courts of justice were the east india company's courts called the dewanny and fouzdari adawlats from which appeals lay to the sudder ..... reference arises out of a dispute between an un-incorporated association, named the all india postal employees' union, having its head quarters at delhi and its west bengal ..... section 223 of the government of india act, 1935, speaks about 'jurisdiction of, and the law administered in any existing high court, and the respective powers of the judges thereof in relation to the administration of ..... aconstituent body of the said union is the all india postal employees' union, the membership of whichis open to all postmen and class .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... .(8) in india the law relating to crimes is principally contained in the indian penal code, the criminal procedure code, the police acts and several provisions contained in industrial laws like the industrial disputes act 1947 which have declared certain acts to be unlawful acts or offences attracting penal punishments(9) the indian trade unions act 1926, has provisions exempting liability of the members of 'a trade union, both civil and criminal(10) section 17 of the act exempts ..... .(29) the constitution of india is based on the 'rule of law', which means that the law is paramount, that it must be administered alike to all persons high or low, that no one is outside its purview and the executive authority must be prepared at all times to show to the courts that they have ..... . that respect and prestige are the product of innumerable judgments and decrees, a mossic built from the multitude and cases decidedrespect and prestige do not grow suddenly; they are the products of time and experience but they flourish when ..... words of justice douglas in his tagore law lectures where he explained the matter succinctly'the judiciary has no army or police force to execute its mandates or compel obedience to its decrees ..... court and a band of organised demonstrators stood underneath our windows, shouting deprecatory slogans to the effect that the constitution should be scrapped, that gheraos will continue whether the court decrees it or not and various other slogans which need not be repeated here .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal36
..... 9327 j dated december, 14, 1958 published in the calcutta gazette on december 11, 1958 stated that 'in exercise of the power conferred by clause (b) of rule 1, order xxxvii of the code of civil procedure, 1908 (act v of 1908), the governor is pleased to specially empower the chief judge and the judges of the city civil court, calcutta to try summarily suits on negotiable instruments'. ..... in exercise of the power conferred by clause (b) of rule of order xxxvii of the code of civil procedure, 1908 (act v of 1908) the governor is pleased to specially empower the chief judge and the judges of the city civil court calcutta, to try summarily suits on negotiable instruments'. ..... on august 30, 1961, the plaintiff instituted a suit in the city civil court, calcutta under order xxxvii of the code of civil procedure claiming a decree on a dishonoured cheque dated 29th july, 1961 drawn by the defendant and payable to the plaintiff or order. ..... that, the defendant's application for 'leave to defend' being time-barred under article 159 of the indian limitation act, he was not entitled to defend the suit and the same was to be tried ex parte for a decree according to and in terms, substantially, of the claim made in the plaint, subject, of course, to, inter alia, sections. ..... however, the position seems to have been so uniformly accepted by text book writers, both in england and india, that 1 am unable to depart from that view on the strength of my own feelings about it. .....
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