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Search Results Judgments > Act:CODE OF CIVIL PROCEDURE, 1908 Rule 1

Dec 08 1952

Ranchhodlal Manekal Vs. Maneklal Pranjivandas

  • Decided on : 08-Dec-1952

Court : Mumbai

Reported in : AIR1953Bom436; (1953)55BOMLR471; ILR1953Bom165

... orders of remand passed under Section 562 of the old Code which corresponds to Order 41 Rule 23 in the present Code. Therefore, 'prima facie' it would be difficult to extend the scope of this rule under the purported exercise of inherent jurisdiction of this Court under Section 151. The question as to whether a civil court can exorcise this inherent jurisdiction in granting ... , J.1. In this matter, a short point under the Court-fees Act has been raised by Mr. Pathak before us. An application was made by Mr. Pathak on behalf of the ... 13 Court-fees Act, refund could be granted only if the Court of appeal remands a case under Order 41, Rule 23 Civil P. C, Since according to the, Registrar the present order of remand was not made under Order 41, Rule 23 the appellant was not entitled to a refund of court-fees. It is this decision which Mr. Pathak ... 41, Rule 23, did not apply to this order of remand.4. The next question is whether even if an order of remand is made under the inherent jurisdiction of the Court refund of court-fees could be granted if not under Section 13 Court-fees Act, under the same inherent jurisdiction of this Court under Section 151 Civil P. ... the inherent jurisdiction of this Court under Section 151 of the Code. It is obviously not one under Order 41, Rule 25, and it cannot be said to have been made under Order 41, Rule 23 either. Therefore, in our opinion, the Registrar was right in holding that Order 41, Rule 23, did not apply to this order of remand.4. The ...

Feb 26 1952

Thimmayya Vs. M.B. Sadasivappa and Anr.

  • Decided on : 26-Feb-1952

Court : Karnataka

Reported in : AIR1952Kant76; AIR1952Mys76

... Court has in 'VARADA CHARLU V. NARASIMHA CHARLU' : AIR1926Mad258 and 'AYYAMPERUMAL v. MATHU SWAMI' : AIR1927Mad687 held that injunction cannot be granted except in case coming under the provisions of the Code. Bee also 'KARUP-PAYYA NADAR v. PONNUSWAMI NADAR' AIR 1933 Mad 500 (2).3. In 'DHANESHWAR NATH v. GHANASHYM DHAR', AIR 1910 All 183, relied upon by appellant is dissented ... 1. This is an appeal against an order by which a previous order of temporary injunction was vacated. Both orders were passed in the course of proceedings relating to the application ... ', while considering the correctness of an order on an application for attachment before judgment a Division Bench of this Court observed :'Neither Section 492 nor Section 499 of the old Code corresponding to Order 39, C.P.C., can apply because as yet there is no suit but only an application for leave to sue as a pauper.'The words in ...

Sep 27 1994

Gnanadurai Vs. Suseelammal

  • Decided on : 27-Sep-1994

Court : Chennai

Reported in : AIR1995Mad133

... Rule 1(j) of Civil Procedure Code. Even at the time of filing the appeal, the office raised an objection towards the maintainability of this appealstating as to how an appeal will He against the order passed in application filed under Section 47 of the Civil Procedure Code. But it was contended that inasmuch as they attempted to question the sale under Order 21, Rule 92 of Civil Procedure Code ... Civil Procedure Code by the Judgment-debtor, questioning the execution satisfaction or discharge of the decree passed against him. The application filed under Section 47 of Civil Procedure Code was allowed. Thereafter the petitioner herein filed an appeal C.M.A. No. 14 of 1988 on the file of the Additional Sub Court, Vellere under Order 43, Rule 1(j) of Civil Procedure Code ... Civil Procedure Code, To that the petitioner herein gave an anaswer that inasmuch as they are questioning the irregularities in conducting the sale under Order 21, Rule 92 of Civil Procedure Code, the appeal will lie. Therefore, they are definite in their mind that only an appeal will lie against the order passed in the application filed under Section 47 of Civil Procedure Code ... Rule 92 of Civil Procedure Code the appeal will lie. Accordingly the appeal was filed. The appeal was pending on the file of the first appellate Court and it was disposed of on 21-3-1990. In the order, the appellate Court said that only a revision will lie against the order passed in an application filed under Section 47 of Civil Procedure Code ...

Aug 01 1989

Ashokkumar Shantilal Shah and Another Vs. State Bank of India

  • Decided on : 01-Aug-1989

Court : Mumbai

Reported in : AIR1990Bom163; 1989(3)BomCR491

... Code of Civil Procedure, 1908 was enacted to consolidate and amend the laws relating to the procedure of the Courts of Civil judicature'. Therefore, all matters ofprocedure are consolidated in the Code. Section 27 of the Code requires that a summons may be served in the manner prescribed. The word 'prescribe' has been defined to mean prescribed by the rules in the first Schedule to the Code which includes the rules ... . Rule 1 of Order XXIX lays down the manner of subscription and verification of pleadings in suits by or against Corporations. It is analogous to Order VI, VII and VIII of the Code. Its subject is not Issue and Service of Summons. The heading of Order XXIX of the Code ... Code, a brief reference to these provisions is necessary.The Code of Civil Procedure, 1908 was enacted to consolidate and amend the laws relating to the procedure of the Courts of Civil judicature'. Therefore, all matters ofprocedure are consolidated in the Code. Section 27 of the Code requires that a summons may be served in the manner prescribed. The word 'prescribe' has been defined to mean prescribed by the rules ... Code. The Rule 21A was introduced by notification No. P6324/60 dated 4th August 1972. This rule is identical to the Rule 20A which was repealed by the Code of Civil Procedure (Amendment) Act 1976. Under Rule 21A, as under the repealed Rule 20A, service of summons by post is 'in addition to or in substitution' of the service under Rules 9-19 of Order V. Again, like the repealed rule, Rule ...

Apr 23 2003

Madhur Industries Ltd. incorporated under the Companies Act, 1956 Vs. ...

  • Decided on : 23-Apr-2003

Court : Mumbai

Reported in : AIR2003Bom330; 2003(4)ALLMR551; 2003(5)BomCR534; 2003(3)MhLj841

... co-joint reading of Order 18 Rule 4 read with Order 18 Rule 5 and the intention of the Parliament in substituting Order 18 Rule 4, it will have to be read to mean in all cases and is not restricted to those cases where an Appeal only lies. Ultimately these are procedural provisions in aid of justice ... chief on affidavit would be mandatory in so far as witnesses brought by the parties for evidence in terms of Order 16 Rule 1A.(ii) In so far as witnesses summoned under Order 16 Rule 1 the provision would not be mandatory. It will be, however, open to the Court to direct such a witness if ... only lies. Ultimately these are procedural provisions in aid of justice. The purpose of the amendment was to end the delay in disposal of matters. Considering that object and as the expression used is in all suits Order 18 Rule 5 will have to give way to Order 18 Rule 4 as amended by the Act ... Rule 4, it will have to be read to mean in all cases and is not restricted to those cases where an Appeal only lies. Ultimately these are procedural provisions in aid of justice. The purpose of the amendment was to end the delay in disposal of matters. Considering that object and as the expression used is in all suits Order 18 Rule ... Rajasthan High Court in Laxman Das v. Deoli Mal and Ors., . The learned Judge of the Rajasthan High Court had taken a view that Order 18 Rule 4 would only apply in so far as those cases where the judgment would not be appealable. This case was decided on 2nd September, 2002. The ...

Mar 31 1989

E. Muniswamappa Vs. Kanyakumari

  • Decided on : 31-Mar-1989

Court : Karnataka

Reported in : ILR1989KAR3083

... rule (5) is attracted only when theCourt refuses to entertain an application filedunder Sub-rule (1), and such a refusal is byvirtue of the proviso to the said sub-rule.When the claim or objection is decreed on itsmerits, Sub-rule (5) will not be applicable.The said sub-rule governs a situation, whenthe application is rejected only under thetwo specified circumstances. (B) MOTOR VEHICLES ACT & CIVIL PROCEDURE CODE ... rule.When the claim or objection is decreed on itsmerits, Sub-rule (5) will not be applicable.The said sub-rule governs a situation, whenthe application is rejected only under thetwo specified circumstances. (B) MOTOR VEHICLES ACT & CIVIL PROCEDURE CODE - AWARDS: ENFORCEMENT - No exclusive machinery provided, C.P.C. applicable, awards being passed by Civil Courts referred as Tribunals - In execution, procedure as forum for appeal as of Civil ... Code of CivilProcedure are attracted, since the Awards areof the Civil Courts (though referred as'Tribunals')...When the power of executingthe Award is vested in the Civil Court, allits procedure, including the forum of appealin respect of any order, will be applicable.Assuming that the Civil Court functioned bearingthe nomenclature of a 'Tribunal', the procedural law invoked being Order 21 of the Codeof Civil Procedure ...

Oct 25 1952

State Vs. Ganga Sahai

  • Decided on : 25-Oct-1952

Court : Allahabad

Reported in : AIR1953All211

... after admission and issue of notice to the respondent. Certain civil appeals and certain criminal appeals can be disposed of by a Judge sitting alone vide Rule 2 (ii) (vii) etc. but other civil and criminal appeals cannot be disposed of by him. These provisions have reference to those civil and criminal appeals which have been admitted and come up ... every criminal appeal must be entertainable under any of Ss, 405 to 417 and must be presented in the manner prescribed in Section 419 and 420, and the procedure on its being presented before the appellate Court must be governed by Section 421. There is, therefore, no warrant for contending that an appeal filed by Government under ... a Government appeal cannot be dismissed summarily. This contention is equally devoid of merit. Every criminal appeal is liable to be dismissed summarily under Section 421 of the Code which makes absolutely no distinction between appeals filed by Government and appeals filed by convicted persons. It is laid down in that section that 'on receiving the petition ... . 1. This is an appeal by the Uttar Pradesh State against Ganga Sahai who has been acquitted of the charges under Section 379 and 411, I. P. C. by a ... be refused by a single Judge. I do not see any substance in this contention. Under Rule 2 (i) of Chap. 5 of the Rules of the Court, 1952, Vol. I, every motion for the admission of a memorandum of appeal, whether civil or criminal, has to be heard by a Judge sitting alone. There is a distinction between ...

Mar 20 1991

Puranda Behera Vs. Dr. Narayan Shankar Behera

  • Decided on : 20-Mar-1991

Court : Orissa

Reported in : 1991(I)OLR455

... 1. Dismissal of a suit on the ground that it is barred by law of limitation, has brought the plaintiff before this Court.2. The genesis of the order was a petition filed by the defendant purported to be one under Order 14, Rule 2 of the Code of Civil Procedure, 1908 (in short the 'Code') to determine the ... Order 14, Rule 2 of the Code has to be undertaken. Therefore, the conclusions of the learned Subordinate judge do not stand to reason and order dated 11-4-1989 is set aside. The learned Subordinate Judge would now take up trial of the suit for its disposal in accordance with law.The Civil Revision ... be decided it this, revision application, is whether the issue relating. to limitation could be taken up for hearing, as preliminary issue. Order 14, Rule 2(1) of the Code,, as it stands- now after amendment by Act 104 of 1976 reads a follows :'Notwithstanding, that a case may be disposed1 of on a preliminary ... 1) of the Code,, as it stands- now after amendment by Act 104 of 1976 reads a follows :'Notwithstanding, that a case may be disposed1 of on a preliminary issue, the Court shall, subject to the provisions. of Sub-rule (2), pronounce judgment on all issues.'The provisions impetrate pronouncement of judgment of S issues, ... aspects have to be gone into to arrive at a. conclusion whether bar of limitation applies.3. The of enactment of Order 14, Rule 2 of the Code is to avoid piecerneal trial of the suit and only where the suit can be disposed of by determination of a pure issue of ...

Sep 19 1952

Maharaj Amarsinghji Vs. Utsav Lal

  • Decided on : 19-Sep-1952

Court : Rajasthan

Reported in : AIR1953Raj57

... the Marwar Civil P. C. and at any rate, was inconsistent with Section 133, Indian Civil P. C., as adapted in Rajasthan by Ordinance V of 1950, In this connection, Section 14 of the Ordinance is important. That section reads as under: '14. Repeal and Saving:(1) The Codes of Civil Procedure in force ... to a fine under Order 16 Rule 12 read with Rule 21. Such an order was not open to a second appeal to the High Court and it could not be taken as a ground of appeal also under Section 105 of the Code as it did not affect the decision ... 1) The Codes of Civil Procedure in force in all the Covenanting States are hereby repealed.(2) The repeal shall not, however, affect anything done or action taken under any such Code or law before the commencement of this Ordinance.(3) Notifications published, places ap- pointed, scales prescribed, appointments made and powers conferred under any such Code ... Civil P. C., as adapted in Rajasthan by Ordinance V of 1950, In this connection, Section 14 of the Ordinance is important. That section reads as under: '14. Repeal and Saving:(1) The Codes of Civil Procedure in force in all the Covenanting States are hereby repealed.(2) The repeal shall not, however, affect anything done or action taken under any such Code ... 115 of Civil P. C. Now if the defendant obeyed the summons, came to court and gave evidence nothing was left to be agitated in appeal. If, however, he did not obey the summons, he would be liable to a fine under Order 16 Rule 12 read with Rule 21. Such ...

Nov 16 1990

Pishori Lal Sethi and Anr. Vs. Tax Recovery Officer and Ors.

  • Decided on : 16-Nov-1990

Court : Allahabad

Reported in : [1991]188ITR528(All)

... would be appropriate to refer to Rules 57, 58 and 60 for a proper appreciation of the contentions arising here. 5. These rules are but a mere reproduction of the relevant rules in Order XXI, Civil Procedure Code. In particular, Rule 58 corresponds, word for word, to Rule 86 of Order XXI, Civil Procedure Code. The contention of learned counsel for the petitioner is that, under Rule 58, the forfeiture of the ... to auction. The auction took place on March 26, 1980. At the said auction, the petitioners were the highest bidders in a sum of Rs. 45,000. As required by Rule 57(1) of Schedule II to the Income-tax Act, they deposited 25 per cent. amount on the same day, i.e., a sum of Rs. 11,250. The balance amount ... . These rules are but a mere reproduction of the relevant rules in Order XXI, Civil Procedure Code. In particular, Rule 58 corresponds, word for word, to Rule 86 of Order XXI, Civil Procedure Code. The contention of learned counsel for the petitioner is that, under Rule 58, the forfeiture of the amount deposited is not automatic in case of failure of the auction purchaser to comply with the terms of Rule 57 ... court to resell the property is imperative. Afurther consequence of non-payment is that the defaulting purchaser forfeits all claims to the property (Rule 86).' 6. We are of the opinion that since Rule 86 of Order XXI, Civil Procedure Code and Rule 58 in Schedule II to the Act are identically worded, the principle of the said decision applies squarely therein. If so, it must ...

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