Judgment Search Results Home > Cases Phrase: code of civil procedure amendment act 1999 section 7 insertion of new section 89 Page 1 of about 2,588 results (0.130 seconds)

Food Corporation of India and anr. Vs. Munnilal Singh and anr.

Court : Madhya Pradesh

Reported in : AIR2003MP66; [2003(4)JCR320(MP)]; 2003(2)MPLJ290

..... in the circumstances, the word 'admitted' used in section 16(2)(a) of the code of civil procedure (amendment) act, 2002 will mean that court after hearing the appeal on formation of substantial question of law and is satisfied that the substantial question of law is involved and formulates such substantial question of law then only appeal ..... in the circumstances, the newly substituted section 102 by code of civil procedure (amendment) act, 2002 came into force with effect from 1st july 2002 and the second appeal from any decree, when the subject matter of the original suit was for recovery of money not exceeding ..... but, in the present case, the right of appeal which was available prior to 1-7-2002 has been taken away by the code of civil procedure (amendment) act, 2002 without making any such provision of refund of court-fee. ..... so 604 (v), the central government appointed 1st day of july, 2002 as the date on which provisions of the code of civil procedure (amendment) act, 2002 came into force. ..... even in the code of civil procedure (amendment) act. ..... in the code of civil procedure (amendment) act. ..... code of civil procedure (amendment) act. ..... ' by code of civil procedure (amendment) act. ..... section 34 inserted a new section 16 in the court fees act. ..... 1999. ..... on 31-3-1999 the case was listed for hearing on interim application but the case was adjourned. ..... thereafter the case was listed on 10-2-1999. ..... on 28-1-1999 service report of respondent no.2 was awaited. .....

Fazal Ali Vs. Amna Khatun and ors.

Court : Rajasthan

Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339

..... section 100-a was inserted by the code of civil procedure (amendment) act, 1976 declaring that --'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, no further ..... thus, amendment was made in the code of civil procedure (amendment) act, 2002 and further appeal (letters patent appeal) was abolished only against the judgment of a learned single judge in first appeal and right of appeal against the judgment of a learned single judge in a proceeding under article 226 or 227 of the constitution of india, which were there prior to the amendment act of 1999, was kept ..... in the circumstances, new section 100a is being inserted to provide that there should be no further appeal against the decision of a single judge in a second ..... in 1996 (3) wlc (raj) 674, 675, wherein it is held that the word 'an appeal' used in section 100-d or section 173 of the new act does not indicate number of appeals. ..... lad kanwar, (1993) 1 wlc (raj) 750, reading the expression used 'an appeal' under section 110-b (173 of the new act) held that against the judgment and award passed by the claims tribunal, only one appeal could ..... of the full bench decision in new india assurance company limited's case (supra), the appeals against the judgment of a learned single judge under the motor vehicles act are being maintained.21. ..... said decision has been reversed by the full bench in new india assurance co. v. .....

Present:- Mr. Sanjiv Gupta Advocate Vs. Financial Commissioner, Haryan ...

Court : Punjab and Haryana

..... act 15 of 1983 when after the remand by the collector, the matter was pending before the assistant collector ist grade for adjudication, the aforesaid section 13-a was omitted vide haryana amendment act 9 of 1992 and later on, vide haryana amendment act 9 of 1999, new sections 13-a and 13-aa were inserted ..... procedure for deciding the suits filed under sub- section (1).shall be the same as laid down in the code of civil procedure ..... the proper court, which the assistant collector ist grade could have done by invoking the provision of order 7 rule 10-a of the code of civil procedure, the assistant collector ist grade himself decided the issue on 21.11.2000, which in our opinion was wholly without jurisdiction. . ..... no.8413 of 2007 (o & m) 3 having any jurisdiction to adjudicate the title on the land in dispute, claimed by the proprietors.on 1.3.1985, the proprietors (predecessors of the petitioners.filed title suit under section 13- a of the act of 1961 (as it then was) in the court of the assistant collector ist grade, for adjudication and seeking declaration that the land in dispute is not shamilat deh and does not vest in the gram panchayat ..... the respondent-gram panchayat brought to the notice of this court a division bench judgment in orion infrastructure ltd.versus commissioner, gurgaon division, gurgaon and others.2012 (3) rcr (civil) 247 to contend that when order was passed by the assistant collector ist grade, as stated above, he did not have any jurisdiction to pass that order. .....

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Reported in : AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)

..... , whether as inserted by the code of civil procedure (amendment) act, 1976 (as in force from 1-2-1977 to 30-6-2002) or as amended by the code of civil procedure (amendment) acts, 1999 and 2002 with effect from 1-7-2002 onwards. ..... ' section 100a of the code which is in force from 1-7-2002 onwards as per the code of civil procedure (amendment act) 1999 as further amended by the amended act of 2002 reads as under :- '100a. ..... an appellate decree or order' as contained in section 100-a as inserted by the code of civil procedure (amendment) act, 1976 (which remained in force from 1-2-1977 to 30-6-2002) meant 'an appeal from an appellate decree or an appeal from an order' and it did not mean 'an appeal from any appellate decree or an appeal from any appellate order', because the civil procedure code contemplates only three kinds of appeals -(a) appeals against original decrees (section 96) (b) appeals against appellate decrees (section 100) (c) appeals against orders (section 104) the code itself does not contemplate ..... section 100a of the code of civil procedure, which was introduced by the amendment act, 1976, specifically bars any further appeal in such cases. ..... clause 10 seeks to substitute a new section 100a with a view to provide for no further appeal in the above cases. ..... in the circumstances, new section 100a is being inserted to provide that there should be no further appeal against the decision of a single judge in a second appeal. .....

Avtar NaraIn Behal Vs. Subhash Chander Behal

Court : Delhi

Reported in : 154(2008)DLT140

..... section 100a was substituted by section 10 of the code of civil procedure (amendment) act, 1999 (46 of 1999) which came into force with effect from 1.7.2002 ..... the question is:whether after insertion of the amended section 100a in the code of civil procedure a letters patent appeal is maintainable against the judgment rendered by a single judge in an appeal arising out of a special enactment like the indian succession act?4. ..... in the light of the foregoing discussion, we hold that after insertion of section 100a in the code of civil procedure no letters patent appeal is maintainable against the judgment rendered by a single judge in a first appeal arising out of a special enactment e.g ..... nigam is that even if it is held that section 100a would bar a letters patent appeal arising under a special enactment nevertheless those provisions will not operate to bar the present letters patent appeal, since the proceedings commenced long prior to the insertion of section 100a of the code of civil procedure. ..... the statute provides such a bar it is so expressly stated, as would appear from section 100a of the code of civil procedure.the court noted that the decision in the case of new kenilworth hotel (p. ..... in the circumstances, new section 100a is being inserted to provide that there should be no further appeal against the decision of a single judge in a second appeal.section 100a was thus introduced in the code of civil procedure for the first time with an intention to abolish the third appeal.6 .....

Tummala Tirumala Rao Vs. Pemmasani Laxmaiah

Court : Andhra Pradesh

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

..... 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;(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 act.it is pertinent to note that section 16(2)(a) of the amending act, act 22 of 2002, referred supra, specifically says that notwithstanding that ..... section 11 of the amending act 1999 of the code, act 46 of 1999, dealing with substitution of new section for section 102 reads as hereunder:'for section 102 of the principal act, the following section shall be substituted, namely:--'102. ..... '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. .....

Kesava Pillai Vs. State of Kerala

Court : Kerala

Reported in : AIR2004Ker111; 2004(1)KLT55

..... section 100a was substituted by section 10 of the 38 of the code of civil procedure (amendment) act, 1999 (46 of 1999), which came into force with effect from 1.7.2002. ..... section 10 of the code of civil procedure (amendment) act, 1999 abolished appeals against judgments of a single judge of the high court in all cases'.13. ..... section 100a of the code of civil procedure was introduced in the code of civil procedure by section 38 of the code of civil procedure (amendment) act, 1976 (104 of 1976), which came into force with effect from 1.2.1977. ..... we therefore hold that no further appeal under section 5(ii) of the kerala high court act is maintainable from the judgment, decree or order passed by a single judge under section 3(3)(b) of the high court act after 1.7.2002 in view of the amended section 100a of the code of civil procedure inserted by act 22 of 2002. ..... in the circumstances, new section 100a is being inserted to provide that there should be no further appeal against the decision of a single judge in a second appeal'.section 100a was introduced in the code of civil procedure for the first time with an intention to abolish the third appeal.10. ..... the section inserted read as follows:-'100a. ..... clause 10 seeks to substitute a new section 100-a with a view to provide for no further appeal in the above cases'.the legislature wanted to take away the further appeals not only from an original decree or order, but even the right of appeal conferred on .....

Purchasing Management International and anr. Vs. Rajat Pandhi and anr.

Court : Delhi

Reported in : 157(2009)DLT267

..... (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;14. ..... i am also of the opinion that in cases where amendment of written statement is sought, the courts have to adopt a more liberal approach than that of a plaint as the question of prejudice would be far less in the former than in the latter as addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in the written statement can be allowed. ..... the reason given for seeking amendment was that when the petitioners' new counsel went through the records of the case, he discovered that an incorrect fact had been averred in the written statement and, therefore, the petitioners/defendants wanted to amend their written statement. ..... town municipal council reported in (2007) 1 scc 765 has held that the new proviso to order vi rule 17 of the code shall not apply to suits filed prior to the year 2002.15. ..... 1 and 2 had entered into an mou to work together however the same did not culminate into any final joint venture agreement as also no new company was ever formed by defendant nos. .....

Nutan Batra vs.m/s Buniyaad Associates

Court : Delhi

..... the proposed amendment is consequential to the new section 89 in the code of civil procedure, 1908, proposed to be inserted vide clause 7 of the bill so as to enable the party to claim refund of court-fee in case the matter in dispute is settled outside the court". ..... she invoked section 16 of the act read with section 89 of the code of civil procedure, 1908 (hereafter referred to as the cpc ).4. ..... section 16 of this act provides for the refund of the court fee where the parties to the suit settle their cases by adopting any of the modes of settlement of dispute referred to in section 89 of the code of civil procedure, 1908 (5 of 1908). ..... as far as the nct of delhi is concerned, the legislative assembly of nct of delhi has also intervened and inserted section 16a into the act, by enactment of the court fees (delhi amendment) act, 2010 which was assented to by the president of india on 17.01.2011. ..... into the respective statutes by the code of civil procedure (amendment) act, 1999, which was brought into effect on 01.07.2002. ..... the statement of objects and reasons of that amendment does not deal with the insertion of section 16 in the court fees act, but does mention the following context for insertion of section 89 into the cpc: some of the more important changes proposed to 3. .....

Munish Kalra vs.kiran Madan & Ors.

Court : Delhi

..... clause 35 (amendment to the court fees act, 1870) the proposed amendment is consequential to the new section 89 in the code of civil procedure, 1908, proposed to be inserted vide clause 7 of the bill so as to enable the party to claim refund of court fee in case the matter in dispute is settled outside ..... be deemed to be a lok adalat and all the provisions of the legal services authorities act, 1987 (39 of 1987) shall apply as the proper that cs (os) 2940/2014 page 3 of 5 if the disputes were referred to a lok adalat under the provisions of that act; (d) for judicial settlement , the court shall effect a compromise between the parties and shall follow such procedure as may be prescribed the above changes made by interpretative process shall remain in force till ..... processes were not being resorted to with the desired frequency, parliament thought it fit to introduce section 89 and rules 1-a to 1-c in order x in the code, to ensure that adr process was resorted to before the commencement of trial in suits.10. ..... the defendants, on the other hand, submits that this would be covered under section 16a of the court fees act and at best only half of the full court fee is liable to be ..... section 16 of the act was also inserted by the same amendment, apparently with the object of providing some incentive to resort to methods of alternative dispute resolution (hereinafter referred to as adr ) the notes on clauses accompanying the bill [which was ultimately enacted as the 1999 amendment to .....