Court : Supreme Court of India
Reported in : AIR2002SC582; 2002(1)ALLMR(SC)968; 2002(50)BLJR499; (2002)2GLR1707; [2002(1)JCR494(SC)]; JT2002(1)SC82; (2002)1MLJ189(SC); 2002(1)SCALE87; (2002)2SCC16; 1SCR144
..... not maintainable and was liable to be dismissed in limine for non-compliance with proviso to section 17 of the provincial small cause courts act, 1887 (hereinafter, 'the pscc act', for short). on 15.10.1998, the tenant- respondents filed an application praying that they may be permitted to furnish security ..... put to execution and on 21.2.1998 the decree-holder obtained possession over the suit premises with police help. the court amin certified the delivery of possession to the executing court. on 26.2.1998, the tenant- respondents moved an application under order 9 rule 13 of the c.p.c. ..... the code of civilprocedure.- (1) the procedure prescribed in the code of civil procedure, 1908, shall save in so far as is otherwise provided by that code or by this act, be the procedure followed in a court of small causes in all suits cognizable by it and in all proceedings arising ..... nature and scope of the proviso however, the learned counsel for the appellant brought to our notice a number of decisions delivered by the high courts of allahabad, oudh, madras, orissa, rajasthan and lahore which have taken the view that the proviso is mandatory and non-compliance therewith would entail ..... the total decretal amount. (videstatement of objects and reasons, gazette ofindia, 1935, pt. v, p.90)."the object behind establishing small cause courts conferred with jurisdiction to try summarily such specified category of cases which need to be and are capable of being disposed of by adopting summary procedure .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(4)AWC3671
..... satisfying the decretal amount under the ex parte decree, the same could very well be accepted as security under section 17 of the provincial small cause courts act.21. this court in the case of shiv skankar singh v. iv a.d.j. kanpur. 1997 arc 491 : 1997 (2) awc 1201, took the ..... application. distinction will have to be drawn qua the cases wherein entire amount as mentioned in the proviso to section 17 of provincial small cause courts act 1887 already stands deposited even before passing of ex parte decree. in the said event of entire amount in question being prior deposited, information ..... consideration of question whether the deposit could be accepted as security, if so offered, under proviso to section 17(1) of the provincial small cause courts act. without recording any finding, whether the deposit made was conditional or unconditional, it may be observed that so far the prayer for taking this deposit ..... tenant has been given liberty to move application under order ix, rule 13 of code of civil procedure on the ground provided therein but under proviso to section 17(1) of provincial small cause courts act, 1887 condition has been imposed so that tenant does not take undue advantage for non-appearance ..... was put to execution and on 21.2.1998 the decree-holder obtained possession over the suit premises with police help. the court amin certified the delivery of possession to the executing court. on 26.2.1998, the tenant-respondents moved an application under order ix, rule 13 of the c.p.c. .....Tag this Judgment!
Court : Kolkata
Reported in : (1895)ILR22Cal692
..... asked that the accounts of the business might be adjusted, and that the plaintiffs might recover the sums found due to them. the munsif deputed the civil court amin to examine the accounts of the firm and to submit a report. this was done, and in each suit the munsif found what was due ..... no. 15 and others, to which all the partners in the business were parties, the accounts were adjusted by the civil court amin, and the debts and dues of all the partners were determined by the court as mentioned in schedule ii; (3) that, according to the said accounts, a sum is due to each plaintiff ..... the pro forma defendants, against the plaintiff, and the remaining defendants, in which the accounts were adjusted by the civil court amin, and the debts and dues of all the partners were determined by the court as mentioned in schedule ii of the plaint; and that, according to the said accounts, a sum of 233 ..... the defendant no. 15 and others, to which all the partners were parties, the accounts were adjusted by the civil court amin, and the debts and dues of all the partners were determined by the court accordingly, as mentioned in schedule ii.' 3. according to the said accounts a sum of 233 rupees 11 annas ..... 263 of the contract act. it is also open to question whether a suit for an account would lie. in the former suit, to which all the partners were parties, it was proved that a nikas was effected through the creditors of the parties; that nikas was examined by the civil court amin, who prepared an .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1990SC1480; (1990)1CompLJ125(SC); JT1989(4)SC582; 1991(2)SCALE841; (1990)1SCC613; Supp2SCR597
..... fair than that provided by a us forum initially chosen by the government of india, it was urged.43. counsel submitted that section 6 of the act is unreasonable because it replaces an independent and impartial civil court of competent jurisdiction by an officer known as the commissioner to be appointed by the central government. no qualification, according to counsel, had been prescribed ..... 20. section 5 deals with the powers of the central govt. and enjoins that for the purpose of discharging its functions under this act, the central govt. shall have the powers of a civil court while trying a suit under the cpc, 1908. section 6 provides for the appointment of a commissioner and other officers and employees. section 7 deals with powers to delegate ..... disbursal of claims under sections 9(2)(f) and 10. it was urged that the deputy commissioner and commissioner appointed under the act and the scheme are subordinates and agents of the central government. they replace impartial and independent civil court by officers and subordinates of the central government. clause 11 of the scheme makes the central government, according to counsel, judge in ..... behalf of the victims or even to enter into compromise on behalf of the victims.57. the act does not create new causes of action create special courts. the jurisdiction of the civil court to entertain suit would still arise out of section 9 of the cpc and the substantive cause of action and the nature of the reliefs available would also continue to .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD134; 2000(2)ALT511
..... law relating to indebtedness in force in any state. section 21-a overrides only the usurious loans act, 1918 and other laws relating to indebtedness in force in any state. therefore, order xxxiv, rule 11 of cpc prevails over section 21-a and consequently the courts are competent to exercise their discretion in levying interest from the date of the suit till the ..... as to rate of interest notwithstanding section 21-a of the banking regulation act and also the question whether the discretion vested in the courts under order xxxiv, rule 11 of cpc is fettered by section 21-a was not considered by the courts.11. coming to the decision of the supreme court in yasangi venkaleswara rao 's case (supra), which went to the supreme ..... court from the andhra pradesh high court: the high court held that; 'the banking regulations act is beyond the legislative competence ..... the suit till the date of realisation, when the matter went to the supreme court, the supreme court reduced the rate of interest to 6% p.a., on the ground that section 21-a of the banking regulation act have not the overriding effect on a central legislation like the civil procedure code under order xxxiv, rule 11 which begins with a non-obstance clause and .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(3)AWC2246; (2005)1UPLBEC103
..... submitted that the remedy for all the grievances, as demonstrated by the plaintiff-appellant in his pleadings, is available within the framework of the provisions of the act and as such, the relief from the civil court as has been claimed would also be impliedly barred. the learned counsel has cited the case law of the premier automobiles ltd. v. kamlekar shantaram wadke ..... duly decided and confirmed by the arbitrator under section 71 of u.p. co-operative societies act, 1965 (hereinafter referred to as the 'act'). according to the plaint case, the entire amount due against him in the award was paid by him to the co-operative amin. as such, he had no liability of any such further payment. the defendant co-operative society ..... of the dispute neither requires a reference to be made to the registrar under section 70 of the act nor does it amount to a dispute relating to the award given and duly satisfied by making full payment by the plaintiff to the recovery amin.6. in reply to the aforesaid submission made on behalf of the appellant learned counsel for the ..... disputed. the appellant-plaintiff claims that the award, which is executable within the provisions of section 92 of the act was satisfied before it was put in execution and the award money was paid and a payment receipt was obtained from the amin. any fresh proceeding to further realize the same amount already recovered is being resisted by means of the aforesaid .....Tag this Judgment!
Court : Mumbai
Reported in : 2001ACJ1295; 2001(3)ALLMR370; 2002(1)BomCR223; [2001(90)FLR1100]; (2001)IILLJ1022Bom
..... compensation that he can claim, even when he proves hundred per cent loss of his earning capacity is restricted to what is specified in schedule iv of the act. the remedy in the civil court, though alternative, in terms of amount of damages that the workman can claim is costly and dilatory and once the workman chooses the forum under the workmen ..... restricted to a specified amount. it is once again quite evident that the intention of the legislature is to provide alternate forum other than regular civil court under the provisions of the workmen's compensation act for the purpose of giving speedy, effective and cheap remedy for settlement of claim of an employee in respect of compensation and at the same ..... . though the commissioner, who is discharging functions under the provisions of the act, may have trappings of the civil court, he is not a court nor a civil court subordinate to the high court within the meaning of section 3 of the civil procedure code.33. though section 30 of the workmen's compensation act provides appeal against the order passed by the commissioner, however, all the orders passed ..... it necessary to reiterate that if the intention of the legislature was not to create distinct forum other than civil court for settlement of claims of compensation, there would be no necessity to enact section 20 of the workmen's compensation act and ordinary civil courts, even otherwise, would have been competent to decide the claims of the employee against the employer regarding the .....Tag this Judgment!
Court : Kolkata
Reported in : (1900)ILR27Cal336
..... which belonged to the appellants before the diluviation. according to the practice of the indian courts in such cases from a very early period a commission was issued under the provisions of the civil procedure code to the civil court amin to make a local investigation and to report thereon to the court. he began his proceedings on the 21st december 1892, and on the 27th may 1893 ..... evidence on the part of the plaintiffs to entitle them to recover possession of the land, and they will humbly advise her majesty to reverse the decrees of the high court and to order the appeals to it to be dismissed with costs, thereby affirming the decrees of the subordinate judge. the respondents will pay the costs of the present appeals ..... found such faults in course of several investigations.' in conclusion he says, 'in places where the thak and survey map do not agree with each other it is proper to act according to the survey, and specially, as in this case, the survey map corresponds with the locality, i determined the boundary line according to the survey and, having plotted the ..... the instigation of the appellants and driven off the newly formed lands, the respondents brought a suit under the specific relief act to recover possession and obtained a decree under which they were in april 1892 put in possession by the court of the whole of the newly formed lands. thereupon the present suits were brought and were tried together.3. in .....Tag this Judgment!
Court : Kolkata
Reported in : (1897)ILR24Cal725
..... think the judges making interlocutory decrees in partition suits should indicate clearly upon the face of them whether the partition is to be made by the collector or by a civil court amin. from the case i have already cited this apparently is what they should do. but as i have said before, in my view of the construction of section 265 of ..... estate continuing joint and being burdened with the remainder of the revenue. i may add that the words 'separate possession of a share,' which occur also in section 225 of act viii of 1859, the former law on the subject, appear to have been taken from section 4, clause 2, of regulation xix of 1814, the law relating to partition of ..... that the collector shall assess the land revenue on every such separate estate in accordance with the provisions of this act, and no civil court shall direct the collector to carry out a partition otherwise than in accordance with the provisions of this act.'26. the first of the abovementioned sections (section 5) shows that a partition, in order that it may result, not ..... division of the revenue can be asked for in such a suit in the civil court, the civil court having no jurisdiction to make any such division. i am unable to accept this reasoning as correct. it is true that section 29 of bengal act viii of 1876 shows that the civil court has no power to specify the amount of revenue for which any separate estate .....Tag this Judgment!
Court : Kolkata
Reported in : 36Ind.Cas.375
..... objection to the suit being decreed for the share claimed by the plaintiffs according to the boundary line shown in the case map prepared by the civil court amin. the court then proceeded to take evidence on the additional issue no. 11 only 'whether a lawful compromise has been effected between the parties subsequent to ..... following month hem chandra majumdar and tara nath ray went to plaintiff no. 1 and again proposed a compromise in accordance with the delineations in the civil court amin's map. the plaintiff no. 1 refused to consent to this and asked them to bring their employers to him and to see whether they could ..... on the 30th july 1910 and on the 23rd november 1910, a commission for local investigation was issued to babu jatindra mohan banerji, civil court amin. owing to the lands being under water most of the year and on account of the time taken to substitute the heirs of defendant no. 16 ..... it. cannot be inferred from this that they were bound to accept any terms of compromise that these persons might arrange. they had implied authority to act on behalf of all the defendants so long as the litigations proceeded in the ordinary way. but they could not consent to a decree against the ..... was filed, we are told, before that of the plaintiffs but the point is immaterial. in it the defendants accused their agent tara nath ray of acting beyond his powers and of having made misrepresentation to them when settling the terms of compromise. they objected to the statement in the petition of the .....Tag this Judgment!