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

Aug 27 1908

Prosanno Kumar Bose Vs. Sarat Shoshi Ghosh

  • Decided on : 27-Aug-1908

Court : Kolkata

Reported in : (1909)ILR36Cal86

... . 67. Accordingly I would dismiss these appeals, but I agree that they should be referred to another Judge or Judges under Section 575 of the Civil Procedure Code.68. [Owing to this difference of opinion, the case was referred to; a third Judge, Mitra J.]Mitra, J.69. The decision of the question ... in his commentary as has been pointed out by Brett and Coxe, JJ. Srikrishna and Raghunandana subsequently laid down in their respective treatises a different rule of succession, as if the word might mean daughters generally. In a conflict of authorities, however, Jimutavahana must be preferred. The later opinions of Srikrishna ... the time he wrote the Dayakarama Sangraha regarded the term 'kanya' as including married daughters, since otherwise he could not have referred to their sons.58. Next comes the Dayatatwa of Raghunandan. Chapter X of this work begins by dealing with succession to stridhan generally. Then in paragraphs 12 to 15 ... round to the view, for which the respondents now contend. On the other hand, Mayne is wholly opposed to the view taken by the appellant.63. I attach a good deal of importance to the comments in the second edition of Shama Charan Sarkar's Vayavastha Darpan and those in Mr. ... my learned brother differs in opinion from me the case must be referred to the Honb'le the Chief Justice orders under Section 575 of the Code of Civil Procedure,Coxe, J.50. In this case the sole point in issue is, whether sons succeed in preference to married daughters to property given to ...

May 21 1976

Hirendra Kumar Mitter Vs. Sudhangshu Shekhar Paul

  • Decided on : 21-May-1976

Court : Kolkata

Reported in : AIR1977Cal149,80CWN1015

... conclusive. Inthis context reference may be made to Rule 63 of Order XXI of the Code of Civil Procedure which lays down that where an objection is preferred under Order 21 Rule 58 the party against whom an order is ... Code of Civil Procedure which lays down that where an objection is preferred under Order 21 Rule 58 the party against whom an order is made may institute a suit to establish the right which he claims to the property in dispute but subject to the result of such suit, if any, the order shall be conclusive. It has been held that the language of Rule 63 ... Rule 63 bars an appeal. The provisions of Rule 72 of Chapter XXXVI have nothing in common with Rule 63 of Order XXI of the Code in language. 12. The other argument, namely, that the order is in the nature of one made under Order XLVII of the Code of Civil Procedure ... Rule 63 of Order XXI of the Code in language. 12. The other argument, namely, that the order is in the nature of one made under Order XLVII of the Code of Civil Procedure is equally of no substance. The legal situation spoken of in Order XLVII is a far cry from the situation which Rule 72 of Chapter XXVI envisages. The procedure ... Rule 72 of Chapter XXXVI have nothing in common with Rule 63 of Order XXI of the Code in language. 12. The other argument, namely, that the order is in the nature of one made under Order XLVII of the Code of Civil Procedure is equally of no substance. The legal situation spoken of in Order XLVII is a far cry from the situation which Rule ...

Feb 23 1972

Kokarmal Gurudayal Vs. Sagarmal Bengani

  • Decided on : 23-Feb-1972

Court : Kolkata

Reported in : AIR1972Cal430,1973CriLJ162,76CWN486

... , 1880. In 1881 B filed a regular suit to set aside this order. The suit was dismissed in 1885, as barred by Section 244 of the Civil Procedure Code. Thereupon B filed an appeal from the Order in execution made on the 20th November, 1880. This appeal was rejected as time-barred. The Bombay High ... taken to be March 26, 19(58, when the said Act was published, the aforesaid section being thus saved from being entirely nugatory.'Alak Gupta, J. therefore, has applied the doctrine of generalia specialibus non derogant to the relevant provisions of the West Bengal Premises Tenancy (Amendment) Act, 1908 and has held, inter alia, ... . 1053 of 1966 in this Court against the judgment and decree of the Appellate Court- On April 20, 1966, a Division Bench of this Court in Civil Rule No. 529 (8) of 1966 directed the tenant to deposit Bs. 11,400.00 on or before the 1st May, 1966, or to continue to deposit Bs ... Limitation Act of 1908, in our opinion, attracts the provisions of Section 5 of that Act to the appropriate provisions of the Tenancy Act including Section 17-B (1). The intention of the legislature, it seems to us, has always been that Section 5 could be availed of in suitable cases.63. My learned ... Council has said that if the Court holds that the suit is not maintainable by reason of failure to comply with notice under Section 80 of the Civil Procedure Code, findings given on merits are obiter and do not support the plea of res judicata either in favour of or against a party. Alien in his ...

Apr 28 1961

Surajmull Nagarmull and Ors. Vs. The Commissioner of Income Tax

  • Decided on : 28-Apr-1961

Court : Kolkata

Reported in : AIR1961Cal578

... under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit, in respect of the following matters, namely, (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a banking company, and examining him on oath; (c) compelling the production of books of account and other documents; (d) issuing commissions; (2) Subject to any rules made ... is sufficient identification for purposes of search and seizure under the particular authorisation letter and, in my opinion, that test is amply satisfied here in respect of premisess No. 63/1, Harrison Road, by the relevant description in the authorisation letter in respect of premises No. 61, Harrison Road, covering places, connected therewith or in connection therewith, notwithstanding non- ... of insurance and the tax payable thereunder shall be computed -- 'in accordance with the law contained in the schedule to this Act.' In Section 58 (j) (3) the expression used is 'subject to such rules as the Central Board of Revenue may make in this behalf'. There must be some difference between these expressions. Where the expression used is 'In ... Mukharji, J.61. Sub-section (1) of Section 37 grants to the Income-tax Officer etc., the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (V of 1908) when trying a suit, for the purposes of ordering discovery and inspection, and enforcing the attendance of witnesses and examining them on oath, compelling the production of books ...

Jul 27 1908

Prosonna Kumar Bose and Ors. Vs. Sarat Shoshi Ghose and Ors.

  • Decided on : 27-Jul-1908

Court : Kolkata

Reported in : 1Ind.Cas.766

... , these appeals must necessarily fail.67. Accordingly I would dismiss these appeals, but I agree that they should be referred to another Judge or Judges under Section 575 of the Civil Procedure Code.[Owing to this difference of opinion, the case 'was referred to a third Judge, Mitra J.]68. Mr. B. Chuckerbetty (Mr. B.K. Lahiri and Babu Mohini Mohun Chuckerbutty with ... daughter. Srikrishna is abundantly clear in his commentary as has been pointed out by Brett and Coxe, JJ. Srikrishna and Raghunandana subsequently laid down in their respective treatises a different rule of succession as if the word 'kanya' might mean daughters generally. In a conflict of authorities, however, Jimutavahana must be preferred. The later opinions of Srikrishna and Raghunandana, which are ... mind conclusive that Srikrislma at the time he wrote the Dayakarama Sangraha regarded the term 'kanya,' as including married daughters, since otherwise he could not have referred to their sons.58. Next comes the. Dayatatwa of Raghunandan. Chapter X of this work begins by dealing with succession to stridhan generally. Then in paragraphs 12 to 15 the author deals with, succession ... his death, he went wholly round to the view, for which the respondents now contend. On the other hand, Mayne is wholly opposed to the view taken by the appellant.63. I attach a good deal of importance to the comments in the second edition of Shama Charan Sarkar's Vayavastha Darpan and those in Mr. Justice Banerjee's work on ...

Jun 08 2011

P.R.T. Satellite Network System Vs. Sun Distribution Services

  • Decided on : 08-Jun-2011

Court : Telecom Disputes Settlement & Appellate Tribunal (TDSAT)

... were required to be taken by it in terms of Order XXVI Rule 9 of the Code of Civil Procedure. When a report is submitted by the local Commissioner, it forms part of the record in terms of Order XXVI Rule 10 of the Code of Civil Procedure. The report becomes an evidence which is required to be considered ... . In terms of the Regulations, a publication in newspaper is also mandatory. We, therefore, also do not find any merit in the contention of petitioner. 63. In the aforementioned factual backdrop, it may be noticed that apart from the invoice for the month of January, 2009, respondent has not been able ... premise that its subscriber base was much less than that was shown in the agreement, according to it the total amount payable was only Rs.66,58,810/-. It, therefore, contended that it made an excess payment of Rs.25,14,791/-. In support of the said statement, petitioner has averred as under :- ... it had not been granted any interim order. Although it was not entitled to in law to invoke the provisions of Order XXIII Rule 1 of the Code of Civil Procedure to withdraw the petition only on the premise that it had not filed any document, this Tribunal relied on its said statement. Even in ... steps for admission or denial of the documents as also application, if any, for summoning the witness in terms of the Order 16 Rule 1 of the Code of Civil Procedure. Neither any additional document was filed nor any witness had been summoned by any of the parties. 54. Mr. Maninder Singh pointed out ...

Oct 08 2012

M/s Super Sales Corporation and Others Vs. The Debt Recovery Tribunal ...

  • Decided on : 08-Oct-2012

Court : Karnataka

... sub-section shall apply to any part of the amount exempt from attachment in execution of a decree of a civil court under section 60 of the Code of Civil Procedure, 1908 (5 of 1908). (3) (i) The Recovery Officer may, at any time or from time to time, by notice in writing, ... this Act. (2) The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 (63 of 1951), the Unit Trust of India Act, 1963 ( ... for carrying out the purpose of the provisions of the statute which confers power on the authority in its exercise of such power." 58. In Sardar Associates and others versusPunjab and Sind Bank and others (2009) 8 SCC 2S7, it has been stated that the jurisdiction of ... Civil Court to the DRT, he would lose his unconditional right of appeal before a higher Court in terms of Section 96 and 100 of the Code of Civil Procedure (CPC) and various other rights under the CPC and evidence Act. In those circumstances, it was held that the High Court was not right in transferring the suit from the Civil Court to the DRT. 63 ... procedure contained in the Code of Civil Procedure. To put it differently, the DRT Act has not only brought into existence special procedural mechanism for speedy recovery of the dues of banks and financial institutions, but also made provision for ensuring that defaulting borrowers are not able to invoke the jurisdiction of civil ...

Apr 29 2013

Mr.C.Thayaparan Vs. Inspector of Police,

  • Decided on : 29-Apr-2013

Court : Chennai

... nature of error in a proceeding antecedent to the trial. To such a situation Section 537 of the Code of Criminal Procedure which is in the following terms is attracted: (Section 465 of New Code) "Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent ... as follows:- "40.It is true that it is neither possible nor desirable to lay down any inflexible rule which would govern the exercise of inherent jurisdiction. While exercising inherent powers either on civil or criminal jurisdiction, the Court does not function as a court of appeal or revision. The inherent ... judgments in support of his contention. 01.AIR 199.SC 88.[Vineet Narain and others vs. Union of India and another] 02.(2007)1 SCC 63.[Shashikant vs. Central Bureau of Investigation and others] 03.CDJ 200.MHC 162.[P.Sundaraparipooranan & anthers vs. Union of India, by Additional Superintendent of Police, ... of the Expert Committee knowing fully well that the Expert Committee had not recommended the proposal of the Trust and instead recommended for outright rejection. 58.Similarly, in para 8, 9, 10 and 11 of the charges, the role played by the accused had been stated in detail and while ... in Section 190 of the Code of Criminal Procedure as the material on which cognizance is taken. But it cannot be maintained that a valid and legal police report is the foundation of the jurisdiction of the Court to take cognizance. Section 190 of the Code of Criminal Procedure is one out of ...

May 06 2014

Subrata Roy Sahara Vs. Uoi & Ors

  • Decided on : 06-May-2014

Court : Supreme Court of India

... procedure contemplated under Section 51, and rules 37 and 40 of Order XXI, of the Code of Civil Procedure, 1908, before ordering the arrest and detention of the petitioner (and the other contemnors) is devoid of any merit, because Section 51 of the Code of Civil Procedure, 1908 and the other allied provisions referred to above, are not applicable to actions emanating out of the SEBI Act. So also, rule ... provisions contained in the Code of Civil Procedure, 1908 (hereinafter referred to as, the CPC), as also, the Code of Criminal Procedure, 1973 (hereinafter referred to as, the Cr.P.C.), to highlight the provisions whereunder, a Court may order arrest and detention, for the execution of a money-decree (or for the enforcement of a financial liability).58. It is necessary, ... arrest and detention along with two other directors on 4.3.2014 (by passing the impugned order).63. In addition to the above submission, learned Senior Counsel invited our attention to Order XXI rules 37 and 40 of the CPC. The above Rules are being extracted hereunder:- 37. Discretionary power to permit judgment-debtor to show cause against ... the Code of Civil Procedure, 1908, before ordering the arrest and detention of the petitioner (and the other contemnors) is devoid of any merit, because Section 51 of the Code of Civil Procedure, 1908 and the other allied provisions referred to above, are not applicable to actions emanating out of the SEBI Act. So also, rule 6 of Order XIII of the Supreme Court Rules, 1966 ...

Apr 29 2014

In The Case Of Z.J. Vs. Lithuania

  • Decided on : 29-Apr-2014

Court : European Court of Human Rights

... Guardianship 1. Care (guardianship) shall be established, according to procedure established by laws for a child left without parents or their care. 2. When establishing the care (guardianship), an attempt must be made to create conditions enabling him to live within a family, along with his brothers and sisters.? 70. The Civil Code provides: Article 3.3. Principles for the legal regulation of ... his right to respect for his family life under Article 8 of the Convention. 4. On 17 December 2012 the application was communicated to the Government. Pursuant to Rule 47 4 of the Rules of the Court, the Chamber decided of its own motion to grant anonymity to the applicant. THE FACTS I. THE CIRCUMSTANCES OF THE CASE 5. The applicant was ... in the presence of the children. The specialists also advised that the applicant and I.N. improve their relationship and contact the psychologists to set up consultations and obtain recommendations. 63. Immediately after the Siauliai Regional Court decision of 20 November 2012 (see paragraphs 5659 above), the applicant contacted the Service asking for assistance in arranging contact sessions with ... and more particularly the best interests of the child and his or her rights under Article 8 of the Convention (the Government referred to Hokkanen v. Finland, 23 September 1994, 58, Series A no. 299-A). In the applicants case, while deciding on the application to have the childrens guardianship terminated and a residence order granted, the national courts had ...

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