Court : Rajasthan
Reported in : 1985(1)WLN709
..... having regard to the provisions of the displaced persons (debts adjustment) act, 1951 and having regard to the nature of the jurisdiction of the tribunal, their lordships held that court fee is not leviable considering the decision of the tribunal as a decree, as the word 'decree' is not used under that act in the same sense as it used in section 2(2) of the code of civil procedure and the word 'decree' has been used in act in the sense of the code of civil procedure. mr. ..... their lordships of the supreme court despite the use of the expression 'decree' by the legislature considered that the expression 'decree' used in section 14 does not possess the same sense in which the word 'decree' is used under the act and the code of civil procedure. ..... even before the amendment of section 26(2) of the land acquisition act, the adjudication of the land acquisition court was an 'order', and it has now become a decree within the meaning of section 2(2) of the civil procedure code. ..... it was observed in this case:in an appeal under section 60 of the kerala land acquisition act against the decision of the land acquisition court apportioning compensation, the appellants are liable to pay court-fee on an ad valorem basis, under section 51 of court-fees act, on the compensation amount they laid claim to in the appeals and not a court-fee of rs. ..... a similar view has been taken by a full bench of the kerala high court in balakrishnan nambiyar and ors. v. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN65
..... viii in section 11, civil procedure code, 1908, by amendment act no. ..... in our considered opinion the explanation viii added to section 11 of the civil procedure code can in no way be said to be inconsistent with the main section. ..... before dealing with the question in issue it will be profitable to reproduce section 11 and explanation viii of the civil procedure code, which reads as under:11. ..... 104 of 1976, does not alter the position and the said amendment should apply to the decisions given in proceedings other than suits and the courts of limited jurisdiction mentioned in explanation viii does not mean civil courts of limited pecuniary jurisdiction. ..... as regards the contention raised by the learned counsel for the respondent regarding the suit being barred by limitation or on account of the operation of section 14(1) of the hindu succession act, 1956, it would suffice to say that this question can be better determined by the trial court. ..... we are also unable to agree with the contention that by enacting explanation viii the intention of the parliament was only to bring the decisions of courts other than ordinary civil courts such as revenue courts, land acquisition courts, insolvency courts etc. ..... learned senior civil judge, after hearing the parties, held that the entire controversy between the parties was set at rest by the judgment of the high court. ..... the suit was ultimately decreed by the trial court on august 20, 1957.4. ..... air 1980 kerala 230.12. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(4)Raj3512
..... it was further held that in view of specific provision in rule 375 of the rajasthan high court rules, 1952, the provisions of code of civil procedure are not attracted,24. ..... submits that had the notification dated 29-11-2006 and corrigendum issued by the rpsc dated 30-11-2006 and the amended proviso 2nd to rule 266 of the rules of 1996 been not there, none of the petitioners would have been eligible even to apply for the post in question much less their appearing in the competitive examination and these are the notification dated 29.11.2006, corrigendum dated 30-11-2006 and the proviso 2nd to rule 266 of the rules of 1996 which allowed the petitioners to apply for ..... it was further held that it is not within the legitimate domain of the court to determine whether the purpose of a statute can be served better by adopting any policy different from what has been laid down by the legislature or its delegate and to strike down as unreasonable, a bye-law merely on the ground that the policy enumerated therein does not meet the approval of the court in regard to its efficaciousness for implementation of the object and purposes of the act.29. ..... (supra), a notification was issued by the kerala high court for appointment on the post of munsiff magistrate prescribing rule 7 for holding of examination, written and oral. ..... high court of kerala and ors. ..... high court of kerala and ors. ..... high court of kerala and ors. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ612; 1998(1)WLC90; 1997(2)WLN375
..... . the court observed as under :if the parliament says that sentence of prisoners convicted for the offences under the narcotics act shall not be suspended or remitted, it cannot be said that the classification between the prisoners convicted for the offences punishable under the narcotics act and the prisoners convicted under the indian penal code, customs act or under any other law for the time being in force is, in any way, unreasonable ..... . instead of attempting to take a holistic view of the harmful socio-economic consequences and health hazards that would accompany trafficking illegally in the dangerous drugs, the court should implement the law in the spirit with which the parliament, after the deliberation has amended.the division bench of this court in the case of anwar v ..... . state 1992 (1) crimes 1221 (fb), it was held by the kerala high court that the high court has no power to suspend the sentence passed on an accused convicted of an offence under the ndps act, during the pendency of his appeal or revision, unless it relates to the offence under section 27 of the act ..... . it was observed that article 21 forbids deprivation of personal liberty except in accordance with the procedure established by law and curtailment of personal liberty to such an extent as to be a negation of it would constitute deprivation ..... . the first part of article 14, which was adopted from the irish constitution, is a declaration of equality of the civil rights of all persons within the territories of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC325; 2001(4)WLN480
..... from a plain reading of section 11 of the act, there are essentially three methods to secure the appointment of an arbitrator;(i) parties may agree for a procedure for appointment of arbitrators; (ii) if the parties do not reach such an agreement, sub-section (3) provides a mechanism for appointing the three member arbiterwithout the request made to the chief justice or any person or institution designated by him. ..... in my opinion, once the party failed to act in accordance with the agreed procedure of appointing arbitrator, the chief justice or the person designated by him is required to appoint arbitrator after taking into consideration the provisions of the section 11 of the act.(7). ..... notices were issued to the non- applicant of the said application, but before the said application could be disposed of, the amendment in the scheme of 1996 came into effect from 12.2.2001 and for the subject matter of the dispute being of the value of more than rs. ..... the applicant on expiry of the period stipulated in the order dated, 27.11.2000, made another application u/sections 10 and 11 of the act for appointment of an arbitrator before the district judge in civil miscellaneous case no. ..... again, the applicant firm on the expiry of the period stipulated in the above order, made application u/section 10 and 11 of the act for appointment of an arbitrator before the district judge in civil miscellaneous case no. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2003Raj313
..... however, by the code of civil procedure (amendment) act, 1999 (for short, 'the act, 1999'), the said provision stood amended to the effect that the period can be extended by the court not exceeding thirty days in total section 32 of the amendment act, 1999, providing for repeal and saving, does not save anything, so far as section 148 of the code is concerned. ..... the provisions of order 6, rules 17 and 18 of the code were sought to be repealed by the provisions of section 16 of the act, 1999, but by virtue of the provisions of section 7 of the code of civil procedure (amendment) act, 2002 (for short, 'the act, 2002'), they have been substituted and in language, there is not much substantial difference which may have any bearing on the instant case. ..... at a later stage, an application under order 6, rule 17 of the code of civil procedure, 1908 (for short, 'the code') was filed stating that the petitioner stood retired from service during pendency of the suit and regarding commencement of business by him along with his son in the suit premises. ..... if there is any technical defect, it should be rectified by the court under section 148 or 151 of the code of civil procedure. ..... padmanabha pillai, air 1958 kerala 88; thayyan padayachi v. ..... siddiquan, air 1957 all 558; kathyee cotton mills v. r. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]43SCL644(Raj); 2003(2)WLC374; 2003(1)WLN142
..... even otherwise, in view of the provisions of section 89 of the code of civil procedure, 1908 (for short, 'the code'), which has been inserted by the code of civil procedure (amendment) act, 1999 w.e.f, 1-7-2002, wherever it appears to the court that there exists element of settlement which may be acceptable to the parties, the court shall formulate the terms of the settlement and given them to the parties for their observation and after receivingobservations of the parties, the court may formulate the terms of possible settlement and refer the same for arbitration, conciliation, mediation or judicial settlement including settlement through lok ..... subsequently, plaintiff/non-petitioner filed an application under section 20 of the act before the civil court praying that the dispute between the parties remained unresolved and thus it be referred to the arbitrator as per the terms of agreement dated 15-2-1988, which has been allowed vide impugned order dated 7-5-1994. ..... state of kerala[2000] 10 scc 351, the hon'ble supreme court considered a case where an application under section 20 of the act for making a reference had been allowed by the court despite cancellation of arbitration clause by the parties by a subsequent agreement. ..... a full bench of kerala high court in state of kerala v. c. ..... in state of kerala v. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1983Raj240; 1983()WLN203
..... by the amending act no. ..... in case the legislature intended to depart from the accepted proposition laid down in the full bench judgments of the nagpur and kerala high courts and approved by their lordships of the supreme court in the cases referred to above, regarding the implied authority of the advocate to enter into a compromise on behalf of his client, then specific provision would have been made to indicate that the parties should personally sign the compromise petitions, like the provisions contained in order 6, rule 14, c.p.c. ..... as they now stand after the amendment of the civil p.c. ..... where the code does not provide specifically that a document presented before the court should be signed by the party personally, it is open to the party or his counsel to present the document or application with the signatures of either of them. ..... thus, where it was desired by the legislature that the party should act personally, specific provision in this regard has been made in the civil p.c. ..... mishra air 1975 sc 1632, their lordships of the supreme court relied upon the implied authority of the counsel to compromise a civil case on behalf of his client and observed that there was no lack of authority in the action taken by the counsel.7. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2008(2)Raj929
..... the legal position, thus, appears to be well crystalised that in spite of the trial of the suit having been stayed under section 10 of the code of civil procedure, the consideration of the applications for the interlocutory reliefs, such as grant of injunction, appointment of receiver, attachment before judgment, impleadment of a party, amendment in the plaint etc. ..... upon service of summons, the defendants made an application under section 10 of the code of civil procedure ('cpc' for short) for staying the trial in the aforesaid suit because in the suit (301/1991) filed by them before the delhi high court against the present appellant, the issue concerning the agreement dated 22.3.1992 was directly involved.4. ..... air 1974 mysore 63, the single judge of the mysore high court held that despite the order under section 10 of the code of civil procedure, the court has jurisdiction to make interlocutory orders. ..... it has been the consistent judicial view that the word 'trial' in section 10 of the code of civil procedure is not used in its widest sense. ..... , after relying upon the decision of kerala high court, : air1995ker57 held that the application for ad-interim injunction can be decided by the court despite the fact that the trial of suit was stayed. ..... in paragraphs 7 and 8, the single judge of punjab & haryana high court held thus:the kerala high court had placed reliance on v.r. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj18
..... per section 31 of the code of civil procedure (amendment) act, 1999, the earlier existing expression in sub-rule (1) of rule 1 of order xli that required memorandum of appeal to be accompanied by a copy of 'decree appealed from and (unless the appellate court dispenses therewith) of the judgment on which it is founded', the expression 'judgment' has been substituted. ..... in janardhanan's case, as relied upon by the learned counsel for the appellant, the division bench of the hon'ble kerala high court was at pains to point out that it was upto the registry to note the defects, if any, and return the memorandum as defective but without noting any defect, the registry had numbered the appeal and placed the same for admission and then, the appeal was admitted and came up for final hearing later and was decided after a lapse of about 9 years ..... ; and those were also the circumstances .....
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