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Judgment Search Results Home > Cases Phrase: state of nagaland act 1962 Page 21 of about 251 results (0.073 seconds)

Dec 17 2012 (HC)

Abraaj Investment Management Ltd. Vs. Neville Tuli and Others

Court : Mumbai

..... limits and extent of the cpc in the following words : s.1(3) it extends to the whole of india except- (a) the state of jammu and kashmir; (b) the state of nagaland and the tribal area: provided that the state government concerned may, by notification in the official gazette, extend the provisions of this code or any of them to the whole or part of the stte of nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the ..... (5) for setting aside an insolvency notice- (a) in a case where such application is allowed by the court, he shall not be deemed to have committed an act of insolvency under this sub-section; and (b) in a case where such application is rejected by the court, he shall be deemed to have committed an act of insolvency under this sub-section on the date of rejection of the application or the expiry of the period specified in the insolvency notice for its compliance, whichever ..... in this case, the foreign court has held that the procedure by judgment summons under the debtors act, 1869, is not execution of the judgment debt within the meaning of section 4 of the judgments extension act, 1868, and that the english court has no jurisdiction to issue a judgment summons for the purpose of ..... decree or order so referred is certainly of the court in india because there is nothing in the insolvency act to show and or define the concept of court or any court means a foreign court or judgment means .....

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Aug 01 2005 (HC)

L. Biakchhunga Vs. State of Mizoram and ors.

Court : Guwahati

..... this court, having regard to the extent clause of; the, 1963 act answered it in the affirmative observing that the state of nagaland being part of india, the act was enforceable there.this court in lalchawimawia and others (supra), had ..... of applicability of the 1963 act to the state of nagaland fell for consideration. ..... been drawn to any notification, order or regulation of the president or the administrator of the union territory of mizoram or the governor of the state or any other competent authority as the case may debarring the applicability of 1963 act to the areas constituting the union territory or the state of mizoram or to any part thereof forming the tribal areas under the sixth schedule or in any manner curtailing, excepting or modifying the extent ..... 1.1.1964 by the notification dated 14.3.1966 issued by the governor of assam and the arrangement prevailing had been continued by the northeastern areas states reorganization act, 1971, (hereafter referred to as the 1971 act), there was no legally prescribed period of limitation for filing of the suit and, therefore, the finding of the learned court below to ..... or expedient so that every such law with the adaptations and modifications would have perfect until altered, repealed or amended by a competent legislature or other competent authority.section 43 of the state of mizoram act, 1986, is also with the intention of continuing the existing laws in force in the union territory of mizoram before the appointed date in the .....

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Oct 25 2010 (HC)

Pallavi Tiwari D,o. Bhagwan Tiwari and ors Vs. Union of India Thru Min ...

Court : Allahabad

..... competition, which the country has to face in future, it cannot be held that the action on the part of the ncte thereby enacting the regulation 09 of 2009 in exercise of the power as vested in it by the provisions as provided under section 32 of ncte act 1993, that a candidate should posses 50% as eligibility criteria by means of clause 3(2) (a) in appendix 4 framed as per the provisions of regulation 9 of regulations 2009 which has to be implement by the lucknow university, in view of the provisions as provided ..... 2010 and 2625 (m/s) of 2010 has also argued that the eligibility criteria as laid down in clause 3(2) (a) in appendix -iv regulation 9 of regulation 2009 is inconsistent with the provisions as provided under section 32 of the act and further once there is no minimum qualifying marks as provided under section 2(m) which deals with the teacher education qualification then the action on the part of respondents to prescribe the minimum eligibility criteria of 50% by means of ..... of institution offering course or training in teacher education- (1) every institution offering or intending to offer a course or training in teacher education on or after the appointed day, may , for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by regulations: provided that an institution offering a course or training in teacher education immediately before the appointed ..... v. state of nagaland and .....

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Jul 09 2014 (HC)

Challagulla Ratna Man Vs. Boppana Seetharama R

Court : Andhra Pradesh

..... shantaram baburao patil and others [(2001) 9 scc106 and state of nagaland v. ..... in her application, the applicant has stated that as she was pursuing her application for condonation of delay in filing the application for setting aside the ex parte decree, the delay of 1315 days in filing the present appeal occurred. ..... a.murali madhava rao and others , speaking for the division bench, i had an occasion to consider the scope of section 5 of the limitation act, 1963. ..... in state of andhra pradesh, rep.by its secretary to government, roads & buildings dept. .....

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Mar 10 2014 (HC)

iffco Tokio General Insurance Company Ltd. Vs. Sudesh and Others

Court : Punjab and Haryana

..... the licence filed in court, a copy of which is also produced before me, showed that it was purported to have been issued from the state of nagaland on 30.7.2003 which was valid upto 29.7.2006. ..... if the owner himself did not come on record to say that there was any particular document which he acted on to believe that the driver had a valid driving licence, there is no provision of law in the manner canvassed by the counsel appearing for the owner that he had full right of indemnity. ..... the insurance company operates on public fund and section 149 of the motor vehicle act allows for a plea regarding the invalidity of the licence as amongst the defences permitted to be taken by the insurer. ..... this argument is only stated to be rejected as untenable for a vicarious liability is too well established to be doubted. .....

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May 06 2014 (TRI)

Commissiooner of Customs(Port), Kolkata Vs. M/S. Payodhi Foods Pvt. Lt ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... the ld.consultant appearing on behalf of the respondent submitted that period of limitation provided under section 129d(3) of the customs act, 1962, for review of the order cannot be enlarged in view of the decision of honble high court at kolkata in the case of al saif international 2012 (281) elt 72(cal) he further submitted that the delhi bench of the tribunal in the ..... state of nagaland v. ..... there is no provision under section 129 (a) and 129 (d) of the customs act, 1962 to reopen or review the review committees order. ..... the legality and propriety of the order passed by the lower authorities has been examined and the same found to be legal and proper, no subsequent review order can be passed under section 129d(2) of the customs act, 1962. 7. ..... learned member(technical) in his order in para 10 has held that section 35b of the finance act does not mandate that the review once done cannot be reopened or revised. ..... in this regard we find from the provisions of section 129d(2) of the customs act that commissioner of customs may of his own motion call for and examine the records of any proceedings in which the order has been passed by the subordinate officers for the purpose of satisfying himself as to legality or ..... there is no provision under section 35b of the ce act to reopen or review the review committees order. ..... the section 35b of the ce act does not provide any remedy for reopening the review committees decision. .....

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Jun 06 2007 (HC)

D. Muralidharan Vs. Chinnappan (Died),

Court : Chennai

Reported in : (2007)4MLJ635

..... ramaswami naidu)2) : 2005(183)elt337(sc) (state of nagaland v. ..... relevant portion of the order reads as under:i may point out in this context the difference between the condonation of delay in the proper presentation of a particular proceeding pursuant to section 5 of the limitation act and the condonation of delay in the re-representation of a particular proceeding obviously under the inherent powers of the court under section 151 of code of civil procedure. ..... consequently, the provisions and considerations applicable to excusing the delay under section 5 of the limitation act will not apply to the question of excusing the delay in re-presenting the papers and therefore, the considerations relevant to excusing the delay with reference to petitions, disposable under the limitation act, will bear no analogy to those relevant to a decision of the question in the present ..... in the former case there is a specific provision in the statute, namely, the limitation act which imposes an obligation on the court itself suo motu to reject a proceeding if it is barred by ..... let me consider whether there is any difference between a petition filed for condonation of delay in the proper presentation pursuant to section 5 of the limitation act and the petition to condone delay in re-presentation under section 151 of c.p.c.9. ..... 5 of the limitation act and for a petition filed to condone delay in re-presenting the ..... 5 of the limitation act are applicable while considering the delay in re-presentation of the .....

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Feb 11 2014 (HC)

Delhi Development Authority Vs. Ramesh Kumar Budhiraja

Court : Delhi

..... chandra mani (1996) 3 scc132 (vii) state of nagaland v. ..... the legal position as regards the condonation of delay in matters filed by the state and its instrumentalities has been explained by the supreme court in postmaster general v. ..... bal kishan mathur 2014 (1) scc592 the supreme court reiterated that the condonation of delay cannot be a matter of course and that the state cannot claim any preferential or special treatment. ..... most recently in the state of uttar pradesh v. ..... masqbool sofi (2009) 15 scc177 (iii) state (nct of delhi) v. ..... giani (2011) 11 scc480 (vi) state of haryana v. ..... in state of rajasthan v. ..... lipok ao (2005) 3 scc752 (viii) state v. ..... mst katiji (1987) 2 scc107 (ii) state of j& k v. ..... in ca no.64 of 2012 and order dated 5th october 2011 passed by the learned metropolitan magistrate ( mm ) in complaint case no.216 of 2001 acquitting the respondent of the offence under section 14 read with section 29 (2) of the delhi development authority act, 1957.2. mr. .....

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Aug 02 2006 (HC)

Sukhdev Vs. Kirpal Singh

Court : Punjab and Haryana

Reported in : (2007)145PLR405

..... learned counsel for the petitioner placed reliance on the judgment of the hon'ble supreme court in state of nagaland v. ..... the learned counsel further contended that the amendments made by the states of punjab and haryana in the provisions of section 5 of the limitation act, 1908, have been made applicable to sub-rule (1) of order 37 of the cpc. ..... ), ferozepur, rejecting the application filed under section 5 of the limitation act for condoning the delay and also the application filed under order 37 of the cpc for leave to defend the case.2. ..... in view of what has been stated above, this revision petition is accepted, the impugned order is set aside and the trial court is directed to consider the application filed by the petitioner for leave to defend in accordance with law after condoning the ..... the learned counsel for the petitioner further submitted that unless want of bona fides for such an inaction or negligence is proved, the persons would not be deprived of the benefit of section 5 of the limitation act. ..... it was also the case of the petitioner that he came present to the court and filed an application for leave to defend along with an application under section 5 of the limitation act. .....

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Jul 11 2013 (HC)

Rajesh Bindal J Vs. Charanjit Kaur and Others ..... Appellants

Court : Punjab and Haryana

..... hon'ble the supreme court in mewa ram (deceased) by his singh varinder 2013.08.02 10:36 r.f.a no.2602 of 2013 -2- i attest to the accuracy and integrity of this document punjab & haryana high court at chandigarh lrs and others vs state of haryana, (1986) 4 scc 15.did not accept the prayer for condonation of delay in filing the appeal because in another case enhancement of compensation for the adjacent land had been made. ..... in state of nagaland vs lipokao and others. ..... the appeal along with application for condonation of delay of 3,443 days was filed by the applicant-appellant before this court on 6.2.2013 stating therein that they were told by the counsel that even if they do not file appeal, they will be paid the enhanced compensation. ..... briefly, the facts of the case are that union territory, chandigarh vide notification dated 15.5.1998 issued under section 4 of the land acquisition act, 1894 (for short, 'the act').sought to acquire land situated in revenue estate of village palsora, u.t chandigarh, for development of third phase of sector 56 of chandigarh. ..... on reference under section 18 of the act, the learned court below vide award dated 6.6.2003 determined the market value of the acquired land @ ` 12,90,240/-. ..... gopinathan pillai vs state of kerala and another, (2007) 2 scc 322.hon'ble the supreme court opined that when mandatory provision is not complied and the delay is not properly, satisfactorily and convincingly explained, the court cannot .....

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