Judgment Search Results Home > Cases Phrase: code of civil procedure amendment act 1999 section 11 substitution of new section for section 102 Page 1 of about 1,126 results (0.181 seconds)

Tummala Tirumala Rao Vs. Pemmasani Laxmaiah

Court : Andhra Pradesh

Reported in : 2004(3)ALT522; I(2005)BC125

..... 'section 5 of the amending act 2002 of the code, act 22 of 2002, dealing with substitution of new section for section 102 reads as hereunder:'for section 102 of the principal act [as substituted by section 11 of the code of civil procedure (amendment) act, 1999], the following section shall be substituted, namely:--'102. ..... act, 1897 (10 of 1897),-(a) the provisions of section 102 of 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 been 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 (46 of 1999) and by section 7 of this act shall not apply to in respect of any pleading filed before the commencement of section 16 of the code of civil procedure (amendment) act, 1999 (46 of 1999) and section 7 of this act .....

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

Court : Mumbai

Reported in : (2003)105BOMLR915

..... - for section 100a 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, namely:-100a. ..... we are clearly of the view that the said section 4 of the code of civil procedure (amendment) act, 2002 which substitutes by way of new section 100a which was brought into force on 1st july. ..... substitution of new section for section 100a ..... 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 of code of civil procedure, the parliament has expressly provided for saving as mentioned hereinabove, and ..... shri usgaonkar contends that with regard to other amended portions the moment the code of civil procedure (amendment) act, 2002 came into force on 1st july, 2002 wherein the aforesaid provisions of section 6 of the general clauses act would come into full operation whereby all pending proceedings would be saved and protected and would be covered as if the new amendment act did not come into force, including the admitted letters patent appeals .....

Inder Singh Vs. Karam Singh and Others

Court : Punjab and Haryana

..... the code of civil procedure (amendment) act 1999 came into being on 01.07.2002, whereby section 102 cpc was substituted with new section which reads as under:- "section 102 cpc: no second appeal in certain cases:- no second appeal shall lie from any decree, when the amount or value of the subject matter of the original suit does not exceed rs.25,000 ..... 08.09.1989 passed by additional district judge, patiala whereby judgment and decree dated 12.03.1987 passed by sub-judge iind class, rajpura was set aside and the suit of the plaintiffs was decreed for recovery of rs.4200/- with costs and interest @ 12% per annum from the date of decree till final realisation of the amount. 6. ..... no.2, trial court held that in the absence of any material, it could not have been held that khasra no.31/15/2 was acquired by the government of punjab for satluj yamuna link canal and, therefore issue no.2 was also decided against the plaintiffs. ..... factum of payment of rs.4200/- in favour of defendant was also negated for want of evidence and issues no.3 and 4 were accordingly decided against the plaintiffs ..... question which was required to be proved was whether the amount meant for khasra no.31/15/2 (1-16) was in fact paid to the defendant or not? ..... the argument raised by learned counsel for the appellant that the statement of the official witness to the effect that defendant got the compensation of his own land cannot be appreciated in the light of link evidence established on record by way of additional evidence .....

Jagdishchandra Bhulabhai Patel (Decd.) Through His Heirs Rekhaben and ...

Court : Gujarat

Reported in : (2003)1GLR789

..... : 2000(119)elt257(sc) ] it is held that the provisions of section 6 of the general clauses act are not attracted in the present case for the reason that there is no substantive vested right in a litigant to seek revision under section 115 of the code of civil procedure by the high court and in the absence of any saving specifically made, it will have to be held that the provisions as amended by the amending act of 1999 shall apply to pending revisions also.19. ..... similar provision has been made in clause (h) to sub-section (2) of section 32 of the amending act, 1999, under which it has been clearly clarified that the provision of section 102 of the principal act, as substituted by section 11 of the amending act, shall not apply to or affect any appeal which had been admitted the commencement of section 9 and every such appeal shall be disposed of as if section 11 had not come into force. ..... it, therefore, clearly indicates that barring the civil revision applications which may have been disposed of before 1-7-2002, all other revision applications would be governed by the new provision contained in section 115 as amended by the amending act of 1999.'17. .....

Sachish Chandra JaIn and anr. Vs. Shri Bhagwan and ors.

Court : Madhya Pradesh

Reported in : 2002(4)MPHT360; 2002(3)MPLJ504

..... - (a) the 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 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 ..... the presumption against the intent to repeal by implication is thus overthrown if the new law is inconsistent with or repugnant to the old law, for the inconsistency or repugnancy reveals an intent to repeal the existing laws. ..... therefore, action for realisation of the amount refunded can only be taken under the new provision in accordance with the terms thereof.98(2)19. ..... with the same contingency is introduced without a saving clause in favour of pending proceedings then it can be reasonably inferred that the intention of the legislature is that the pending proceedings shall not continue but fresh proceedings for the same purpose may be initiated under the new provision.'' 17. .....

Parakramsinh Vikramsinh Jadeja and ors. Vs. Yogi Corporation and ors.

Court : Gujarat

Reported in : (2002)3GLR192

..... with a view to understand the scheme of applicability of amended provision of civil procedure code, it would be necessary to reproduce section 32 of the code of civil procedure (amendment) act, 1999 as follows : '32. ..... oja, appeared on caveat and raised an objection that civil revision application is not maintainable in view of the amended provision of civil procedure code, which has come into force from 1-7-2002 on account of the code of civil procedure (amendment) act, 1999, amending act, for short. 9. ..... . similar provision has been made in clause (h) to sub-section (2) of section 32 of the amending act, 1999, under which it has been clearly clarified that the provision of section 102 of the principal act, as substituted by section 11 of the amending act, shall not apply to or affect any appeal which had been admitted the commencement of section 9 and every such appeal shall be disposed of as if section 11 had not come into force ..... . at the same time, i will be failing in my duty if i do not put on records a word of appreciation for the valuable assistance provided voluntarily by the learned advocates at bar, who were not directly interested in the result of the matter, but who voluntarily assisted the court since the issue has come up for the first time as the new law has come inforce only from 1-7-2002 ..... the old text as well as the new text have been reproduced for ready reference hereinabove. 22. .....

Pinku Trading Corpn. and anr. Vs. Bank of Baroda and ors.

Court : Guwahati

..... act, 1897 (10 of 1897),- (a) the 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 (46 of 1999) and by section 7 of this act shall not 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 ..... legislation, such legislation does not affect the substantive rights of the parties on the date of the suit or adjudication of the suit unless such a legislation is retrospective and a court of appeal cannot take into consideration a new law brought into existence after the judgment appealed from has been rendered because the rights of the parties in an appeal are determined under the law in force on the date of the suit. ..... - notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a high court, no further appeal shall lie from the judgment and .....

P. Govindasamy Vs. Manickam and Others

Court : Chennai

..... in fact, the language of section 22 of the limitation act does not make any distinction between or.1 r.10(1) and or.1 r.10(2) of the civil procedure code and that section applies also that when a new plaintiff or defendant is substituted after filing of the suit as per decision of the hon ..... code of civil procedure as its preamble indicates, is an act to consolidate and amend the laws relating to the procedure of the courts of civil ..... of m/s.chennai silks, who was not the purchaser, and the second defendant, who is an employee of the company holding the post of the public relation officer, it is to be pointed out that under or.1 r.10 of the civil procedure code, a person may be added as a party in the following case namely, 1)when ought to have been joined as a plaintiff or defendant and is not joined or 2)when, without his presence, the questions in the suit cannot be ..... in 2006 (5) scc at page 638 and at special page 639, whereby and whereunder it is observed and held as follows: in view of rule 6 of the companies (court) rules, the provisions of the code of civil procedure will be applicable in the proceedings under the companies act, 1956. ..... one cannot loose sight of a very vital fact that the purpose of amendment of or.6 r.17 are relating to 'amendment of pleadings' has brought out in the year 2002 is to stall filing of application for amending a pleading subsequent to the commencement of trial and to avoid surprises and the parties who have the adequate ..... 1999 (raj) 102]. .....

Masroor Ali Vs. Court of Incharge, District Judge/Addl. Dist. Judge an ...

Court : Allahabad

Reported in : AIR2005All334; 2006(1)AWC893

..... of the community who do not have the means to engage a pleader to defend their cases.by code of civil procedure (amendment) act, 1999 (46 of 1999) 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 beyond 30 ..... should, to the utmost extent possible, ensure fair deal to the poorer sections ..... of objects and reasons for enacting code of civil procedure (amendment) act, 1976 (104 of 1976) records the following basic considerations which persuaded the parliament in enacting the amendments :-(i) that a litigant should get a fair trial in accordance with the accepted principles of natural justice;(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 .....

Kailash Vs. Nanhku and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2441; 2005(3)ALD102(SC); 2005(5)ALLMR(SC)689; 2005(1)ARC861; 2005(2)AWC1490(SC); 2005(2)BLJR1422; 2005(3)BomCR906; 2005(3)CTC355; JT2005(4)SC204; 2005(2)KLT623(SC)

..... by code of civil procedure (amendment) act, 1999 (46 of 1999) 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 beyond 30 days from the date of service of summons on the ..... code of civil procedure (amendment) act, 1976 (104 of 1976) records the following basic considerations which persuaded the parliament in enacting the amendments:-(i) that a litigant should get a fair trial in accordance with the accepted principles of natural justice;(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 deal to the poorer sections ..... ' sub-section (1) of section 87 of the act also gives an indication that the statute contemplates the framing of rules under the act to govern the procedure of trials before the high court, which, read with the preamble to the act, is the source of power for making the rules laying down the procedure for the trial of election ..... -- the election petition shall be laid before the bench so constituted without delay, and unless it is dismissed under sub-section (1) of section 86 of the act or for being otherwise defective, the bench may direct issue of notice to the respondent to appear and answer the claim on a date to be specified .....