Court : Gujarat
Reported in : (1968)9GLR609
..... appeal intended to be filed by meramvala and that the application for restitution should stand over until them be adjourned also until the final decision of the appeal. we, therefore, adjourn civil application no. 893 of 1967 until the final disposal of the intended appeal before the supreme court.18. we ..... rejoinder filed by amarbai. this application came up for hearing before us yesterday and after the matter was argued for some time it was adjourned to this day. to-day when the matter was called out, we were told that an arrangement was arrived at between the parties ..... order for recovery of the same. this contention was disputed by the learned advocate general appearing on behalf of meramvala and we, therefore, adjourned the matter to 5th may 1967 for the purpose of ascertaining what amounts were recovered by meramvala subsequent to the date of the suit and ..... are invested in many respects, varying in different degrees, with the rights and attributes of 'government'. the fact that in numerous small talukas the 'civil arid criminal' jurisdiction is exercised not by themselves but by the agency does not necessarily affect (of. government resolution no. 6421, dated the 12th ..... that meramvala was entitled to the estate of bhayavala. these two suits covered substantially identical grounds and they were, therefore, tried together by the civil judge, senior division, gondal, to whom they were transferred on the new judicial set up being brought into force in saurashtra after integration of .....Tag this Judgment!
Court : Punjab and Haryana
..... but the same has not been done. today also counsel appearing for the petitioners is not aware thereof and is unable to respond. in the interest of justice, adjourned civil writ petition no.7643 o 2. to 18.9.2012. this shall be subject to payment of rs.2000/- as costs. to be deposited with the accounts ..... case came up for hearing on 28.2.2013. however, nobody appeared on 28.2.2013 and the case was adjourned for today, i.e.29.5.2013. today again, nobody is present on behalf of the petitioners to press this petition. it seems that the petitioners are ..... order. case is called second time. no one appears.applications dismissed for non- prosecution. vide order dated 11.2.2013 passed in c.m.no.16073 of civil writ petition no.7643 o 3. 2012, the order dated 18.9.2012 was recalled and the writ petition was restored to its original number. thereafter, the ..... the necessary parties not the costs, which were imposed on 5.7.2012, have been deposited. no one appears for the petitioners.dismissed for non-prosecution. thereafter, civil miscellaneous application bearing no.16060 of 2012 was filed for recalling the order dated 19.11.2012. however, nobody appeared to press the application for restoration. the application ..... no.7643 o 1. in the high court of punjab and haryana at chandigarh civil writ petition no.7643 of 2011 date of decision:29. 5.2013 sukhdev singh and another .....petitioners versus the collector-cum-sdm, amritsar and others ..... .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1983Kant203; 1982(2)KarLJ553
..... that application came to be allowed on 14-9-1981. however, the case could not be proceeded with since all the claimants were absent. the learned city civil judge adjourned the case on payment of cost of rs. 50/- and posted for payment of costs and evidence on 17-10-1981. on 17-10-1981 it was ..... . that being the case, the decision in anand prakash's case (fb) does not lend support to the view taken by the learned city civil judge in refusing to grant further adjournment at the request of the 1st claimant.8. thus it is obvious that neither s. 35-b, c. p. c. not the decision ..... payment of costs in terms of the said section. to hold otherwise and read into the section, the view taken by the learned city civil judge while refusing to grant further adjournment at the request of the 1st claimant under the impugned order, would lead to far-reaching consequences and result in failure of justice. the ..... c. p. c.7. now turning to anand prakash's case, (fb) on which also reliance was placed by the learned city civil judge while rejecting the 1st claimant's prayer for adjournment, the question that came up for consideration before the full bench of the punjab and haryana high court was whether the provisions of s ..... there in, a party to the suits fails to take the step which he was required by or under the code of civil procedure to take on that date or obtains an adjournments for taking such step or for producing evidence or on any other ground, the court may make an order requiring such party .....Tag this Judgment!
Court : Karnataka
Reported in : 93CompCas826(Kar); ILR1996KAR3529; 1996(7)KarLJ570
..... justice. 7. i am sure that if the petitioner had immediately made an application for recalling the applicants' witnesses, by expressing his readiness to cross-examine them without seeking adjournments, and explained the reasons for not proceeding with the cross-examination on july 22, 1996, the tribunal would have considered his application in the right perspective and disposed of it ..... counsel were not ready to proceed with the matter; and in such circumstances refusal by the tribunal to grant an adjournment would not amount to violation of the principles of natural justice. litigants may be accustomed to routinely seeking and obtaining adjournments in civil courts, which itself is a matter to be deprecated. but the same cannot be made a convention or custom ..... or a right, in recovery proceedings before the tribunal. if adjournments are to be routinely granted by the tribunal, and the cases are to be ..... out for an adjournment. acceptance of such a proposition would amount to extending the principles of natural justice beyond the reasonable limits. section 22 of the recovery of debts due to banks and financial institutions act, 1993 ('the act' for short), provides that the tribunal shall not be bound by the procedure laid down by the code of civil procedure, 1908, .....Tag this Judgment!
Court : Punjab and Haryana
..... in view of the above, no further opportunity is required to be granted to the defendant to lead his evidence. after the amendment of order 17, cpc adjournments can no longer remain a plaything in the hands of litigants and lawyers before a hapless court to delay the progress of a suit by trying to ..... granted for the purpose to the learned counsel. and for the court to take a conscious decision at the crucial stage of whether to grant an adjournment or refuse it in the totality of circumstances presented before the court before making such an order to secure the ends of justice, carefully balancing out ..... a part of judge made law. therefore, a greater and more onerous duty is cast on the court to record reasons, however brief, for the adjournment granted in terms of order 17 and to exercise its discretionary power khan md.firoz 2014.05.08 17:02 i attest to the accuracy and integrity ..... complaint is that the defendant was given short dates over a comparatively smaller period of time than the plaintiff in leading his evidence that will not justify adjournments sought one after the another to lead evidence. i have already opined in raj kumar versus ramesh kumar and others (cr no.2071 of 2014) decided ..... the petitioner and learned counsel on caveat. the firs.date fixed for defendant's evidence was 6.2.2014 when no witness was present. the matter was adjourned to 24.2.2014 when the position was the same. on 11.3.2014, again no witness was present. the court granted last opportunity to produce .....Tag this Judgment!
Court : Chennai
Reported in : (1902)ILR25Mad244
..... in the decree for payment of the mortgage money, and even after an order absolute for sale had been made, the court could, under the civil procedure code, adjourn the sale. but once an order absolute for foreclosure or for sale had been made the mortgagor had no further right to redeem the property. section ..... property and sales of other property attached and sold by the court in execution of a decree. the court had power, in its discretion, to adjourn the sale, but once the sale had taken place the judgment-debtor could not get it set aside by any payments to the decree-holder and ..... be regarded as extending the time for redemption of a mortgage than the application of section 291, civil procedure code, under which any sale ordered under section 89 of the transfer of property act may be adjourned from time to time and in fact stopped, if before the lot is knocked down the mortgage debt ..... it was necessary to provide for it in the transfer of property act.7. the civil procedure code did, however, provide as already stated for the adjournment, from time to time, of sales of immoveable property generally, and as the civil procedure code applied to sales of mortgaged property as well as to sales of other property, there ..... and costs are paid into court. the question as to whether sections 310-a, 291 or other similar sections in the code of civil procedure are, or are not .....Tag this Judgment!
Court : Punjab and Haryana
..... .13799 of 2010 titled as jagjit singh versus divisional commissioner, patiala and others has expressed his view that mere pendency of civil suit would not be a ground to adjourn the mutation proceedings sine die as it is only the record of rights and administrative action, which is in issue while ..... mutation no.1968 entered before the halqa patwari to present the same to assistant collector 2nd grade for attestation. the assistant collector 2nd grade adjourned the mutation sine die by observing that no sale deed consideration was paid before the registrar and the land has been sold by and through ..... guide and govern the orders.if any, which is to be passed by the revenue authority. civil writ petition no.9608 of 2011 -3- the writ petition is, accordingly, disposed of. the order adjourning the mutation proceedings sine die is set aside. let the parties appear before the assistant collector 1st ..... power of attorney. the sale deed is also under challenge in the civil court, where the status quo in regard to the possession as well as alienation has been passed by the civil court. the petitioner challenged the order adjourning the civil writ petition no.9608 of 2011 -2- mutation proceedings sine die ..... carrying out the mutation. however, while doing the mutation. the assistant collector ist grade cannot ignore the interim order passed by the civil court even .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2003SC2177; 2003(2)ALD(Cri)170; JT2003(4)SC471; 2003(4)SCALE520; (2003)7SCC375; 3SCR1179; 2003(2)LC1204(SC); (2003)2UPLBEC1428
..... single judge of the high court was not stayed by the division bench, the contempt petition should have been disposed of on merits instead of adjourning the same till disposal of the appeal, so that question of deliberate violation of the subsisting order of the court is considered and enforceability of ..... to continue. the respondent was allowed liberty to file counter-affidavit which he did. on 28.2.2001 when the matter came up for hearing an adjournment was sought for on behalf of the petitioner (i.e. the defendant), which was allowed on payment of rs. 1000/- by way of costs. ..... ) was not filed in spite of little less than 40 adjournments spread-over a period of more than 5 1/2 years and in spite of adjournment costs having also been imposed on the erring defendant at times. during these adjournments the civil suit witnessed three transfers in different courts. at the end ..... appellant (defendant) were rejected by the execution court an outsider rajendra kumar tiwari filed objections under order 21 rule 97 of the code of civil procedure with an allegation that he was residing in the premises as a tenant since 1982. according to his objection he took some additional accommodation ..... allegations contained in his affidavits filed during the course of proceedings, remains to be disposed of, which we hereby do.2. the plaintiff-respondent in the civil appeal, the contemnor herein, served with the charge sheet, has shown cause. we have heard him at length and with patience. fortunately, at the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 82CompCas591(SC); JT1994(6)SC89; 1994(4)SCALE60; (1994)6SCC322; Supp3SCR322
..... of notice under order i rule 8 of c.p.c. on this score, the court was disinclined to adjourn the matter. therefore, time was sought for a rejoinder whereupon the court adjourned the matter to 22.214.171.124. the ground on which the various suits and the writ petition came ..... . notwithstanding all the above, another suit special civil suit no. 25 of 1994 came to be filed before learned civil judge (senior division) baroda on 2.1.94. an ex parte order was obtained.16. the ahmedabad city civil court adjourned the hearing of the application for interim relief in c.s ..... suits nor was he concerned in any manner.14. it requires to be mentioned that mr. tarun v. shah appeared in the city civil court in civil suit no. 6683 of 1993 during the second sitting when the question of extension of ad interim ex parte order came up for consideration.15 ..... delayed in reaching the court on account of the farmers' agitation. that application stood adjourned to 20th january, 1994.13. on 20th december, 1994 it appears that the learned judge of the high court who was dealing with special civil application no. 13891 of 1993 specifically asked mr. tarun v. shah whether any ..... . no. 6683 of 1993 to 12.1.94 till the date the ex parte order came to be extended notwithstanding the opposition of the appellant company. on 12.1.94 the application could not be taken up for hearing for want of time and the matter was adjourned .....Tag this Judgment!
Court : Punjab and Haryana
..... for reply for 12.04.2008. but, on the said date, the reply was not filed and the case was adjourned to 22.05.2008. on that date also, the reply was not filed and the case was adjourned for civil revision no.7231 o 2. 25.08.2008. on 25.08.2008, the presiding officer was on leave, therefore, ..... the case was adjourned to 12.11.2008. on 12.11.2008, the presiding officer was on medical leave. thus, it appears ..... ble mr.justice a.n.jindal ***** present: none. a.n.jindal, j (oral) the order dated 20.08.2011 (annexure p-1) passed by the civil judge (junior division).rohtak, allowing the application filed by the plaintiff-respondent (hereinafter referred as 'the respondent') for striking off the defence of the defendant-petitioner (hereinafter referred as 'the ..... that after the petitioner had appeared in the case on 01.10.2007, the case was adjourned to ..... .7231 o 1. in the high court of punjab and haryana at chandigarh civil revision no.7231 of 2011 date of decision:19. 11.2012 m/s amar singh and sons pvt.ltd....petitioner versus ram avtar gupta ....respondent coram: hon' .....Tag this Judgment!