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Search Results Judgments > Act:CODE OF CIVIL PROCEDURE, 1908 - Rule 58 to 63 - Page:14

Mar 28 2001

Jawan Vs. Mewa Singh

  • Decided on : 28-Mar-2001

Court : Punjab and Haryana

Reported in : AIR2001P& H344

... have since been ordered to be heard along with the main case. In CM No. 761 of 2000 filed under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure prayer of petitioners is to decide the appeal in terms of compromise dated January 30, 1989. It has, inter-cilia, been ... were in cultivating possession of land measuring 42 bighas and 11 biswas as Per Khasra Girdawari for the year 1957-58 and 63 bighas and 16 biswas as per Khasra Girdawari for the year 1957-58 and land meastiring 45 bighas and 13 biswas as per Khasra Girdawari for the year 1958-59. and ... petitioners which required compulsory registration under Section 17 of the Registration Act, 1908.16. For the reasons mentioned above, this Court has absolutely no hesitation in rejecting the application moved by the petitioners for recording compromise under the provisions of Order 23 Rule 3 CPC.17. I laving rejected the applications filed by ... we may part with this order, we will like to mention that during the pendency of this appeal, appellants have filed Civil Misc. No. 105 of 2000 under Section 151 of the Code of Civil Procedure for placing on record copy of mutation No. 884 dated December 10, 1957/December 19, 1957 as also copy ... crops Kharif 1960 to Rabi 1962-63. Such an exchange in my view did not adversely affect the right of the tenants to obtain proprietary rights in the land'. It may be recalled at this stage that even in the written statement filed in response to the Civil Writ Petition No.717 of 1979 ...

May 23 1951

In Re: The Delhi Laws Act, 1912, the Ajmer-Merwara (Extension of Laws) ...

  • Decided on : 23-May-1951

Court : Supreme Court of India

Reported in : [1951]2SCR747

... mine). They then mentioned by way of illustrations the power given to the Governor-General in Council (not in his legislative capacity) to extend the Code of Civil Procedure and Code of Criminal Procedure by section 385, Civil Procedure Code, and section 445 Criminal Procedure Code, to different territories. They held that a different conclusion will be casting doubt upon the validity of a long series of legislation, appropriate, ... in the House of Lords in December 1908 on the Bill which resulted in the Government of India Act of 1909, Lord Morley, the then Secretary of State for India, declared : 'If I was attempting to set up a Parliamentary system in India, or if it could be said that this chapter or rules led directly or necessarily up to the ... nature of the legislative power but the very existence of representative government depends upon the doctrine that this power cannot be transferred.' 219. The Australian Constitution follows the American model (63 & 64, Vic., c. 12, passed in July 1900). The legislative power of the Commonwealth is vested in a Federal Parliament. The executive power is vested in the Queen, while ... appearing in the Reference have rendered to the Court by their industry in collecting all relevant materials and putting the same before the Court in an extremely fair manner. 58. My answers to the questions are that all the three sections mentioned in the three questions are ultra vires the Legislatures, functioning at the relevant dates, to the extent ...

Sep 10 1998

TRO Vs. GANGADHAR VISHWANATH RANADE (DEAD) THROUGH MRS. SHOBHA RAVINDR ...

  • Decided on : 10-Sep-1998

Court : Supreme Court of India

Reported in : (1998)149CTR(SC)90

... XXI rules 58 to 61 and 63 of the Code of Civil Procedure as they stood prior to the amendment of the Civil Procedure Code in 1976. In fact, the language of Order XXI rules 60 and 61 is similar to the language of rule 11(4) and rule 11(5) of the Second Schedule to the Act. Similarly, the language of Order XXI rule 63 is similar to the language of rule 11(6). Rules ... rule 11 are analogous to those of Order XXI rules 58 to 61 and 63 of the Code of Civil Procedure as they stood prior to the amendment of the Civil Procedure Code in 1976. In fact, the language of Order XXI rules 60 and 61 is similar to the language of rule 11(4) and rule 11(5) of the Second Schedule to the Act. Similarly, the language of Order XXI rule 63 is ... rule 11(6) to have the transfer declared void under section 281.10. The provisions, therefore, of rule 11 are analogous to those of Order XXI rules 58 to 61 and 63 of the Code of Civil Procedure as they stood prior to the amendment of the Civil Procedure Code in 1976. In fact, the language of Order XXI rules 60 and 61 is similar to the language of rule 11(4) and rule ... and Lrs. & Ors. : AIR1963SC1150 , this court considered, inter alia the nature of proceedings under Order XXI rules 58 to 61 prior to the amendment of the Civil Procedure Code in 1976. This court observed, 'In the summary proceedings under Order XXI rule 58 to 61, having regard to the terms of rule 61, the court is concerned only with the question as to whether the transferee is in ...

Apr 14 1989

Chandro Devi and others Vs. Jit Singh and others

  • Decided on : 14-Apr-1989

Court : Delhi

Reported in : [1989]66CompCas149(Delhi)

... deposit was not in terms of Order 21, rule 1, Civil Procedure Code, and as such there is no question of the stoppage of interest after the deposit.' The amount deposited by the respondents was not unconditional and thereforee the appellants would be entitled to interest even on the amount, if any, deposited by the respondents' 58. Taking into consideration the totality of the circumstances ... evidence of the contents of the rest; but, where there are all copies of a common original, they are not primary evidence of the contents of the parties executing it. 63. Secondary evidence.- Secondary evidence means and includes- (1) certified copies given under the provisions hereinafter contained; (2) copies made from the original by mechanical processes which in themselves insure the ... respondents was closed and the case was adjourned to July 25, 1975, for arguments. It appears that the insurance company moved an application under order 17 rule 1, order 18 and section 151 of the Civil Procedure Code for reviewing the aforesaid order and it was prayed that the respondents be allowed to lead their evidence. On July 25, 1975, the learned Tribunal allowed ... the deposit was not unconditional and thereforee there is no question of the stoppage of interest after the deposit. His argument is that the provisions of rules 1 to 3 of Order 24 of the Code of Civil Procedure are not applicable to the facts of the case. Learned counsel refers to P. S. L. Ramanathan Chettiar v. O. R. M. P. R. M ...

Jan 10 1994

C.K. Rajan Vs. State of Kerala and Ors.

  • Decided on : 10-Jan-1994

Court : Kerala

Reported in : AIR1994Ker179

... recommendations. It is true that the provisions of O. XXVI, R. 10 of the Code of Civil Procedure is inapplicable to proceedings under Article 226 of the Constitution of India. Even before the Code of Civil Procedure came into force, the Judicial Committee of the Privy Council had occasion to remind ... Act, 1978 (Act 14 of 1978). There are 43 sections in the said Act. The Government have framed rules entitled 'Guruvayur Devaswom Rules, 1980'. There are 20 rules in the said Rules. There are three main Full Bench decisions of this Court dealing with Sree Krishna Temple, Guruvayur. The ... constituted under the Religious Endowments Act, the Court has jurisdiction to frame a scheme under Section 92 of the C.P.C., 1908 and introduce changes in the administrationwhich the committee is not legally competent to introduce but which the Court considers desirable to meet ... for effectively implementing and carrying out the directions contained in the judgment. This shall be done within six weeks from today (paragraph 63). 66. Before concluding, we are bound to acknowledge with thanks, the meritorious services and contributions made by several persons in connection with this ... extracted hereinabove) are acceptable and practical effect may be given to those recommendations by the Managing Committee by taking proper steps in that regard. 58. Before concluding, we should advert to two important aspects stressed by Shri Govind K. Bharathan, counsel for the fifth respondent Kshethra Samrakshana Samithy ...

Apr 01 1968

Bharat Sarvodaya Mills Co. Ltd. Vs. Mohatta Brothers

  • Decided on : 01-Apr-1968

Court : Gujarat

Reported in : AIR1969Guj178; (1969)GLR457

... have entered into a partnership with one another. Order 30 of the Code of Civil Procedure, 1908, hereinafter referred to as 'the Code' deals with suits by or against firms and persons carrying on business in names other than their own. Order 30, Rule 1(1) provides that any two or more persons claiming or being ... of alteration in firm name and principal place of business, closing and opening of branches and noting of changes in names and addresses of partners. Section 63 which is material for our purposes, provides in Clause (1) that when a change occurs in the constitution of a registered firm any Incoming, continuing or ... will under Section 43 or under Section 44 by Court. The dissolved firm is wound up. In Chapter VII of Registration of Firms, under Section 58 an application for registration has to be made to the Registrar of Firms with the prescribed particulars signed by all the partners or their agents ... , they resort to this alternative procedure under Order 30, the suit proceeds all throughout in the name of the firm. But still it remains for all purposes, and all consequences follow, as if the suit was instituted by all the named plaintiffs. That is why Rule 1 and Rule 2 in terms mention the ... Kanhaiya Singh and Ramratna Singh, JJ. At p. 27 the Division Bench observed that Section 69(2) must be read with Order 30, Rule 1 of the Code. In their Lordships' view these provisions read together apparently mean that when a suit is instituted in the name of a registered firm, only ...

Mar 08 1988

J.K. Synthetics Vs. Municipal Council, Kota

  • Decided on : 08-Mar-1988

Court : Rajasthan

Reported in : AIR1989Raj51; 1988(2)WLN487

... rules relating to reference to the High Court contained in C. XLVI of the First Schedule of the Code of Civil Procedure 1908 (Central Act V of 1908) or such other Rules as are made by the High Court under Section 122 of that Code.' Then Section 143 of the Act provides : --'143. Bar to jurisdiction of civil ... only be corrected in the manner prescribed by the Act. The appellants has misconceived their remedy in filing the suit in the civil court.' 58. Reference may next be made to the decision in Firm of Illuri Subbaya Chetty and Sons v. State of Andhra Pradesh, ... it by customers and which had already been subjected to octroi duty. For that, as already stated, the agreement dated 17-6-63 was a satisfactory and workable arrangement between the plaintiff company and the Municipal Council, Kota.49. Mahmood Khan D.W. 1, on ... Code of Civil Procedure the Court shall have jurisdiction to try all suits of civil nature except suits of which cognizance is either expressly or implied barred..... The same principle would apply if the statute had provided for the particular forum in which the remedy could be bad. Even in such cases, the Civil Court's jurisdiction is not completely ousted. A suit in a civil ... Section 9 of the Code of Civil Procedure the Court shall have jurisdiction to try all suits of Civil nature except suits of which cognizance is either expressly or impliedly barred. A statute, therefore, expressly or by necessary implication, can bar the jurisdiction of Civil Court in respect of ...

Sep 23 1978

Kishan Gopal Vs. Northern Railway Employees Co-operative Credit Societ ...

  • Decided on : 23-Sep-1978

Court : Rajasthan

Reported in : 1978(11)WLN371

... seizure. It could be done by a prohibitory order only under Order XXI Rule 46, CPC which, prior to the amendment of the Civil Procedure Code, read as follows:Rule 46(I) In the case of-(a) a debt not secured by ... Rule 46 Civil PC In either case we do not think that the provisions of Order 21, Rules 58 to 63 are attracted. There was, therefore, no necessity for the officer or the Government to make any claim under Order 21 Rule 58, Civil PC. It is no doubt true, that the Government, tiled a claim petition which was dismissed & thereupon filed suit under Order 21 Rule 63, Civil ... of Section 2(11) of the Civil Procedure Code. Hence, under Order XXI Rule 52, CPC there could be no valid attachment of an amount which was in the hands of the Credit Society, because the rule applies to attachment of ... Rule 52, Civil PC and the denial of a debt when the attachment is made under Order 21 Rule 46 Civil PC In either case we do not think that the provisions of Order 21, Rules 58 to 63 are attracted. There was, therefore, no necessity for the officer or the Government to make any claim under Order 21 Rule 58, Civil ... Rule 58, Civil PC. It is no doubt true, that the Government, tiled a claim petition which was dismissed & thereupon filed suit under Order 21 Rule 63, Civil PC. These proceedings according to us were misconceived & the mere fact that the Government took proceedings which do not lie does not preclude them from contending that the case is not covered by Order 21 Rules 58 to 63, Civil ...

May 06 1985

Sohanlal Basant Kumar Vs. Umraomal Chopra

  • Decided on : 06-May-1985

Court : Rajasthan

Reported in : 1985(1)WLN791

... the remaining partners also as parties to the suit. However, Order 30 Rule 1 of the Code of Civil Procedure prescribes a special procedure by which a suit may be brought in the name of the firm. Order 30 Rule 1 of the Code of Civil Procedure enables two or more persons, claiming or being liable as partners and ... of registration in the prescribed form should be made available to the partners of the firm and an entry of the statement filed under Section 58(1) should be recorded by the Registrar in the Register of Firms before the institution of the suit. Thus, even if the certificate of registration ... It was observed that there was an essential distinction between the constitution of a firm and its dissolution. Non-compliance of the provisions of Section 63(1) in failure to intimate to the Registrar of Firms the death of a partner or the retirement of another partner may have other consequences ... action. It has further been provided in Sub-rule (2) of Rule 1 that where persons sue or are sued as partners in the name of their firm under Sub-rule (1) and any pleadings or other document is required by or under the Code of Civil Procedure to be signed, verified or certified by the ... under Sub-rule (1) and any pleadings or other document is required by or under the Code of Civil Procedure to be signed, verified or certified by the plaintiff or the defendant, then it would suffice if such pleadings or other document is signed, verified or certified by any one of such persons. Rule 2 ...

Mar 06 1991

Kalyaniammal Vs. Punjab National Bank by its Manager, Tirunelveli Town ...

  • Decided on : 06-Mar-1991

Court : Chennai

Reported in : AIR1992Mad176; (1991)IIMLJ342

... 63, Civil P.C. That judgment was rendered under the Code of Civil Procedure, as it then stood, and in 1976,the Code was amended by Act 104 of 1976. After the amendment by act 104 of 1976, all questions relating to properties, including the question of title, have to be decided only in the claim procedings. Under R. 58 of O. XXI, Civil ... v. Avadiappa Pathar, 1990 TLNJ 33. That judgment has no bearing on the present case.10. Learned counsel invited my attention to a similar ruling in Veerappa v. Venkatarama, AIR 1935 Mad 872. That was also a case of agreement to sell, prior to attachment. The Court held that ... . This case relates to the principles to be applied by a Court before passing an order of attachment under O. XXXVI11. R. 5, Code of Civil Procedure. That stage has indeed passed in this case and attachment has been effected and the appellant has come forward with the claim petition. It ... be decided only in the claim procedings. Under R. 58 of O. XXI, Civil P.C., all questions (including questions relating to right, title or interest in the property attached), arising between the parties to a proceeding or their representatives under that rule and relevant to the adjudication of the claim or objection ... under the provision, the prsent appeal has been filed. As under the said rule, before amendment, there was no provision for appeal, but there was a provision for a suit under R. 63 of O. XXI of the Code, that was referred to by learned Judge in the above decision and that will ...

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