Judgment Search Results Home > Cases Phrase: the code of civil procedure kerala amendment act 1957 Court: himachal pradesh Page 1 of about 11 results (0.130 seconds)

Ram Krishan Vs. Rulda and ors.

Court : Himachal Pradesh

..... 'rule 101 of order xxi, as now exists, in the code was substituted for the former rule 101 by the code of civil procedure amendment act, 1976. ..... (3) unless the decree-holder- satisfies the executing court that such third person is bound by the decree so that he can be removed under order 21, rule 35 or applies under order 21, rule 97 and gets an order under order 21, rule 98, civil procedure code the executing court must stay its hands as it has no jurisdiction to proceed with execution on resistance or obstruction of such third party indicated by filing an application in court. ..... reading of rules 101 and 103 of order xxi would show that the enquiry contemplated under rule 101 is to be treated as a trial to the suit and the procedure for the trial of the suit under the code will be the procedure under rule 101. ..... given by the objector-petitioner to the court that he was not bound by the decree and could not be dispossessed which act on his part is nothing but putting an obstruction to the decree, the decree-holder by filing his reply contended that the petitioner was bound by the decree and had no right to retain possession and had also prayed for his dispossession by issuing warrant, which reply itself was nothing but making a prayer to the court under order xxi, rule 97 of the code and ..... a similar view has been taken by a division bench of the kerala high court in k. a. .....

Smt. Nathan and anr. Vs. Nokhu Ram

Court : Himachal Pradesh

Reported in : AIR2004HP20

..... in our opinion, the plea which is sought to be raised on behalf of the respondents before us was not raised before the high court and, therefore, it will be appropriate if the matter is remitted back to the high court leaving it open to the parties to raise their respective contentions before the high court and the high court forming and expressing its opinion on the effect of amendment in section 100, cpc introduced by the code of civil procedure (amendment) act, 1976 (104 of 1976) on the pre-casting section 100 (1) (d) as applicable in the state of kerala in view of local amendment.'28. ..... the high court neither framed a substantial question of law nor any such question is indicated in the impugned judgment as required under section 100 of the code of civil procedure. ..... ramalingam chettiar, air 1963 sc 302, wherein while allowing the appeal it was held as under :'held that the high court was not justified in interfering with the finding of fact recorded by the lower appellate court merely because the judgment of the lower appellate court was not as elaborate as that of the trial judge, or because some of the reason given by the trial judge had not been expressly reversed by the lower appellate court. ..... ram devi, (air 1978 punj & har 137), taking the view that in spite of amendment in section 100, cpc, the local law containing a provision inconsistent with section 100, cpc shall continue to remain in operation.5. ..... bachulal gupta, air 1957 sc 434.17. .....

Kalyan Singh Vs. Baldev Singh and anr.

Court : Himachal Pradesh

Reported in : AIR1961HP2

..... 115 of the code of civil procedure, it is well established that the high court cannot, in exercise of its power under that section, assume appellate powers to correct every mistake of law.where there is no question of assumption of excessive jurisdiction or refusal to exercise jurisdiction or any irregularity or illegality in the procedure or any breach of any rule of natural justice, but, if anything, it may merely be an erroneous decision which error, not being apparent on the face of the record, cannot be corrected by the high court in revision under section 115 of the code of civil procedure or under ..... the petitioner has, with the leave of the court, amended the petition and added a new ground that rule 80, referred to above, was also ultra vires as the procedure prescribed by sub-section (3) of section 54 of the territorial councils act was not observed with respect to it.4. ..... , in the case of in re kerala education bill, 1957, reported in air 1958 sc 956 :'further, under clause 37 the rules have to be laid for not less than 14 clays before the legislative assembly as soon as possible after they are made and are to be subject to such modifications as the legislative assembly may make during the session in which they are so laid. .....

Ved Prakash Vs. Bhupia and ors.

Court : Himachal Pradesh

Reported in : 2007ACJ1874,AIR2007HP34,2007(1)ShimLC258

..... we may indicate here that before the amendment of order 21, rule 1, civil procedure code by the amending act, 1976 on the question of liability of the judgment-debtor to give notice when the decretal amount is deposited in the court, the high court took different views. ..... the kerala high court in the said decision has held that where the interest is awarded by the decree on the decretal amount until payment, it does not cease to run merely by reason of making of the deposit of the decretal amount into court unless it is followed up by the service of notice as required by clause (2). ..... while taking this view i am fortified by a judgment of the kerala high court in sobha mohan kumar v. ..... in taking the said view, the kerala high court has relied on the decision of other high courts (rangpur raiyat bank ltd. v. ..... such view of the nagpur high court was dissented from in a later decision by the kerala high court in state of kerala v. .....

Kummo Devi Vs. Jai Pal

Court : Himachal Pradesh

Reported in : AIR2010HP39

..... the kerala high court in particular has ruled out the application of analogy under order xxiii, rule 1 of the code of civil procedure since it is dissimilar to the situation arising u/s. ..... --(1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized on or after the commencement of the marriage laws (amendment) act, 1976 (69 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. ..... with respect, i am not in agreement with the view taken by the high court of karnataka for the simple reason that original petition, in an appeal filed before this court, can be amended, entertained and a decree for divorce can be passed, particularly, when the marriage between the parties already stood dissolved. ..... in any event, since the marriage between the parties already stood dissolved by a decree of divorce, prayer for dissolving the marriage by a decree under the provisions of section 13-b of the act can be accepted by the court and the original decree modified to dissolve the marriage by mutual consent. .....

The Nalagarh Dehati Co-operative Transport Society Ltd., Nalagarh Vs. ...

Court : Himachal Pradesh

Reported in : AIR1981HP1

..... order xlvii of the code of civil procedure deals with review. ..... when, however, the court disposes of a case without adverting to or applying its mind to a provision of law which gives it jurisdiction to act in a particular way, that may amount to an error analogous to one apparent on the face of the record sufficient to bring the case within the purview of order 47, rule 1, civil procedure code.'11. ..... after discussing the existing case law, mulla's 13th edition of the civil procedure code was referred to with approval thus :'at page 1672, the learned author observes that it is no ground for review that the judgment proceeds on an incorrect exposition of the law, or of a ruling which has subsequently been modified or reversed or that the law has been laid down differently in a later decision. ..... objections under section 47, civil procedure code, were filed by the petitioner. ..... it was, inter alia, contended that clause 1 (a) of section 87 of the act having been deleted by the himachal pradesh cooperative societies (amendment) act, 1972, the award could no longer be executed as a decree. ..... a division bench of the kerala high court in board of revenue v. p. k. ..... a single judge of kerala high court in thadikulangra pylee's son pathrose v. .....

State of Himachal Pradesh Vs. Dole Ram

Court : Himachal Pradesh

Reported in : AIR1981HP87

..... if the legislature has not given the definition of the word 'legal representative' in the motor vehicles act then it has to be presumed that the definition of the word 'legal representative' as given in the civil procedure code will be taken to be the meaning of the 'legal representative' as incorporated in the motor vehicles act. ..... the provisions of the civil procedure code, 1908 were already in the mind of the legislature at the time when sections 110 to 110-f of the motor vehicles act were added in the act. ..... in section 2 (11) of the civil procedure code the word 'legal representative' means a person who in law represents the estate of deceased person and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in the representative character the person on whom the estate devolves on the death of the purty so suing or sued. ..... he also contended that the definition of the word 'legal representative' as given in section 2 (11) of the civil procedure code has no appli-cability for the purposes of section 110-a of the motor vehicles act. ..... hence this case is distinguishable because the provisions of sections 110 to 110-f of the motor vehicles act, as amended in 1956, were never considered and the case was decided under the specific provisions of section 2 of the fatal accidents act.37. sm. ..... in this case the learned judges of the kerala high court had no occasion to refer to the provisions of the motor vehicles act. .....

United India Insurance Co. Ltd. Vs. Prem Singh and ors.

Court : Himachal Pradesh

Reported in : 2001ACJ1445

..... 4 and 5 were added as parties to the present petition on 7.8.1990 on an application under order 1 rule 10, civil procedure code filed on behalf of the petitioner yet the petition itself was filed well within time, i.e. ..... such an application for amendment is not affected by the period prescribed in section 110-a (corresponding to section 166 of the motor vehicles act, 1988) for making the claim. ..... sivasankara pillay 1995 acj 1077 (kerala), relying upon reny mammen 1991 acj 403 (karnataka), held that if a claim petition is filed within time with some of the relevant parties, then addition of other necessary parties can be made later and such addition will not be adversely affected by period prescribed under section 110-a of the act. ..... we are in agreement with the view taken by the karnataka and kerala high courts. ..... premakumaran 1988 acj 597 (kerala); united india fire & genl. ..... these instructions were noticed by a division bench of kerala high court in oriental insurance co. ..... this view was reiterated by a division bench of kerala high court in siva-sankara pillay 1995 acj 1077 (kerala).33. ..... a division bench of kerala high court in national insurance co. ..... varghese 1989 acj 472 (kerala)].30. ..... daniel, 2000 acj 1391 (kerala).18. .....

Executive Engineer and anr. Vs. Ambika Sharma

Court : Himachal Pradesh

Reported in : 2008ACJ664,2007(3)ShimLC446

..... (ii) whether the order of the commissioner below is illegal on the ground that the commissioner had applied multiplier of amended act, 2000 for assessing the amount of compensation whereas the accident had occurred prior to amended act?2. ..... by amending act 30 of 1995, section 4-a of the act was amended, inter alia, fixing the minimum rate of interest to be simple interest at the rate of 12 per cent. ..... employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business) who is:xxx xxx xxx(ii) employed in any such capacity as is specified in schedule ii,whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union and any reference to a workman who has been injured ..... according to the amended definition of workman the injured could certainly be deemed to be a workman inasmuch as he was employed in the workshop of the mahi project as an assistant engineer, the learned commissioner has held him to be so and i do not see any reason to take a different view.9. ..... in kerala state electricity board v. .....

Jagdish Ram and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 2008ACJ433

..... hari prasad bhuyan : air2003sc351 , it was held:(10) certain provisions of the code of civil procedure, 1908, may be noticed. ..... order 41, rule 31, code of civil procedure casts an obligation on the author of appellate judgment to state the points for determination, the decision thereon, the reasons for the decision and when the decree appealed from is reversed or varied, the relief to which the appellant is entitled. ..... order 7, rule 1, civil procedure code requires the plaintiff to give sufficient particulars of the relief, which the plaintiff claims. ..... medical opinion may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care, skill and diligence and if the patient still does not survive or suffers a permanent ailment, it would be difficult to hold the doctor to be guilty of negligence. ..... their lordships held:(8) so far as the determination of compensation in death cases is concerned, apart from the three decisions of andhra pradesh high court, which had been mentioned in the order of this court dated 15.12.1993, this court in the case of general manager, kerala state road trans. ..... (4) the test for determining medical negligence as laid down in bolam's case, (1957) 1 wlr 582 at 586 holds good in its applicability in india. ..... friern hospital management committee (1957) 2 all er 118, mcnair, j. .....