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Judgment Search Results Home > Cases Phrase: rejection of plaint code of civil procedure Court: allahabad Year: 2001 Page 2 of about 26 results (0.075 seconds)

Apr 25 2001 (HC)

L.M.L. Ltd. Vs. State of U.P. and Others

Court : Allahabad

Decided on : Apr-25-2001

Reported in : AIR2001All321

..... shall be deemed to bejudicial proceedings within the meaning of sections 193. 219 and 228 of the indian penal code and the commission shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973.17. in exercise of power conferred by section 52 of the act, the commission has framed ..... appropriate manner as the commission may decide inviting applications for grant of licence for transmission or supply of electricity. chapter vi deals with tariff. regulation 121 provides that methodologies and procedures for calculating the expected revenue from charges, and for determining the tariffs, may be provided by the commission from time to time. regulation 123 provides that the commission may ..... (4) to give notice to the licensee that it accepts the licensee's calculation or that it does not consider the licensee's calculation to be in accordance with the procedure given in licence or that it is otherwise incorrect specifying the reasons therefor and proposing modifications or alternative calculations. subsection (6) empowers the commission to determine whether the tariff ..... of the commission. section 18 gives power to the commission to revoke a licence. chapter vii deals with tariff and section 24 therein provides that the licensee shall follow the procedure specified in the regulations in determining tariffs. sub-section (4) of this section cast a duty on a licensee to provide to the commission full details of its calculation .....

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Feb 07 2001 (HC)

Moti Lal Vs. Central Bureau of Investigation and anr.

Court : Allahabad

Decided on : Feb-07-2001

Reported in : 2001CriLJ2086

..... a special law, containing provisions for investigation, enquiry, search, seizure, trial and imposition of punishment for offences under fera, section 5 of the code of criminal procedure is not applicable in respect of offences under fera.7. the analysis of the provisions referred to by the learned counsel for the petitioner do ..... for the necessary investigation into the alleged suspected commission of offence under the said act, by the director of enforcement and the provisions of code of criminal procedure will not apply to such investigation by him. after analysing the provisions of fera, it was held as under in para 28 of ..... makes a complete provision for investigation so that it may be treated to be a special act for the purpose of section 5 of code of criminal procedure which may have the effect of excluding the applicability of d.s.p.e. act notwithstanding the notification to that effect having been ..... elaborated his argument by submitting that the wild life (protection) act is a special law and, therefore, it will override the provisions of code of criminal procedure and also the d.s.p.e. act and, consequently, it is only the authority provided under the said act which can investigate the ..... no authority to investigate an offence which is punishable under the wild life (protection) act, 1972 as it is a self-contained code and neither the code of criminal procedure nor the delhi special police establishment act, 1946 (for short d.s.p.e. act) empower investigation of such an offence .....

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May 15 2001 (HC)

Shiv Prasad Vs. Xiith Addl. District Judge, Varanasi and Others

Court : Allahabad

Decided on : May-15-2001

Reported in : 2001(2)AWC1637

..... validity of the sale deed has also been challenged. regarding this, it may be mentioned that the application for return of plaint was also moved before the trial court which was rejected by the trial court. against that order, revision no. 365 of 1985 was preferred which was dismissed by the district ..... , erred in not returning the plaint under section 23 of the act as the dispute of title is also involved. that ..... tenant of the respondent no. 3.11. the next argument of the learned counsel for the petitioner is that according to para 2 of the plaint, annexure-3 to the writ petition, the tenancy came in existence from july, 1982. that there was no allotment order and, therefore, the ..... dispute of title and an application was moved before the revisional court that the plaint should be returned for presentation before the appropriate court under section 23 of provincial small cause courts act. however, that application was rejected and the revision has also been dismissed. that the revisional court has, therefore ..... judge. thereafter. writ petition no. 12730 of 1986 was preferred in this court which was also dismissed on 4.9.1987. therefore, the point whether the plaint should .....

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May 22 2001 (HC)

Mahendra Nath Verma Vs. District Judge, Varanasi and Others

Court : Allahabad

Decided on : May-22-2001

Reported in : 2001(3)AWC1910

..... application under order xxi, rule 97, c.p.c. however, in the present case the petitioner being outsider his objections cannot be entertained and were rightly rejected. the petition is, therefore, without merit.9. before parting with this case, it may also be observed that the objections of the petitioner appear to be ..... for possession under order xxi, rule 35. c.p.c. with the help of police force, as that course would amount to bypassing and circumventing the procedure laid down under order xxi, rule 97. c.p.c. in connection with removal of obstruction of purported strangers to the decree. once such an ..... bhushan, learned counsel for the respondent nos. 3 to 6 and the learned standing counsel.6. it is contended that both the courts below have rejected the objections on the ground that they are not maintainable. that the question whether the petitioner is tenant since long and is in possession of the ..... 253 of 1972 against baijnath, father of respondent nos. 7 to 9 in the court of j.s.c.c., varanasi. it was alleged in the plaint that baijnath was tenant of the ground floor as well as first floor of the house in dispute. the suit was decreed on 31.3.1979. the ..... vigilant enough to raise his objection and obstruction before the warrant for possession gets actually executed against him. provisions of order xxi lay down a complete code for resolving all disputes pertaining to execution of decree for possession obtained by a decree-holder and whose attempts at executing the said decree meet with .....

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May 08 2001 (HC)

Anatha Ram Vs. Addl. Civil Judge and Others

Court : Allahabad

Decided on : May-08-2001

Reported in : 2001(3)AWC2023

..... co. ltd. v. siyaji mills co., ltd. baroda : air1927all514 , it was held that any irregularity in the signature or verification of the plaint is a mere defect of procedure and cannot be fatal in second appeal when the merits of the case have not been affected. the defect can be cured even at the appellate stage ..... matter is pending in appeal. if the plaint is rejected on the ground that it is not duly verified, it will cause hardship. as noted above, the court can permit a plaintiff even during the ..... counsel. the defect was curable and when the petitioner had asked permission of the court to put his signatures on the plaint and verify it, there was no justification for the court to reject his prayer.7. it may be noted that the evidence had been led by the parlies in the case and the ..... trial court. during the pendency of the appeal, he filed an application that he may be permitted to put his signatures on the plaint and vakalatnama. this application has been rejected by the court by the impugned order dated 21.11.1985.3. the pleading is to be signed in accordance with order vi, rule ..... sudhir narain, j.1. this writ petition is directed against the order dated 21.11.1985 whereby respondent no. 1 rejected the application of the petitioner for putting his signatures on the plaint and vakalatnama.2. the petitioner filed suit no. 32 of 1977 for ejectment of defendant no. 1 and for demolition of construction .....

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May 08 2001 (HC)

Gulbir Singh Vs. Vith Addl. District and Sessions Judge, Muzaffarnagar ...

Court : Allahabad

Decided on : May-08-2001

Reported in : 2001(2)AWC1566b

..... execution of the decreewas received. the compliance of section 17 of provincial small cause courts was also made by him. the application was opposed.3. the application for restoration was rejected by the judge. small causes court, muzaffarnagar on 2.1.1998, annexure-10 to the petition. against that order, the petitioner preferred s.c.c. revision no. 6 of 1998 ..... the presumption that the service is sufficient cannot be taken.7. it has also been contended that the registered cover, which was received back show that the copy of the plaint was not accompanied with the notice. that, therefore, the service was not sufficient. in this connection.the learned counsel has relied on a division bench judgment of this court in ..... refused the service intentionally to delay the case.10. the suit was filed in the year 1984. the shop in dispute is in the premises of house no. 148/9. civil lines. muzaffarnagar. the petitioner is also living in the said house, as is apparent from the address mentioned in this petition. summons were sent four times to the petitioner at ..... m/s. transtel electronics ltd., kanpur v. s. n. gundu rao, 1983 arc 395. it was observed in this case that if the copy of the plaint is not accompanied with the summons, the summons should not be held to be duly served.8. i have considered the arguments and the law laid down in the aforesaid .....

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May 24 2001 (HC)

U.P. Financial Corporation Vs. Garlon Polyfeb Industries and Others

Court : Allahabad

Decided on : May-24-2001

Reported in : AIR2001All286; (2001)2UPLBEC1558

..... this question as such a plea has not been taken in the plaint. this plea was neither raised nor considered by the learned civil judge (senior division). we have already referred tothe reasons given by the learned civil judge for granting ad interim order and, in our opinion, ..... p. public moneys (recovery of dues) act cannot be invoked. an identical plea was repelled by a division bench of this court in civil misc. writ petition no. 13738 of 2001, m/s. unique bubile tube industries v. u.p.f.c., decided on 27.4. ..... misconceived and it is also barred under section 3 of the u. p. public moneys (recovery of dues) act.5. the learned civil judge (senior division) held that the plaintiffs had paid more than rs. 1 crore towards repayment of the loan by the year 1998. ..... suit. the application was accompanied with an affidavit of plaintiff no. 5 wherein the same facts have been stated as in the plaint.4. the defendant-appellant filed an objection against the injunction application filed by the plaintiffs. the case set up in the objection is ..... under order xliii, rule 1 (r) c.p.c. has been preferred by the defendant against the order dated 6.1.2001 of civil judge (senior division), kanpur nagar, by which injunction application filed by the plaintiffs was allowed and the defendant-appellant has been directed to ..... and is hereby allowed. the impugned judgment and order dated 6.1.2001 of the learned civil judge (senior division) is set aside and the injunction application no. 5c moved by the plaintiffs is .....

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Jul 06 2001 (HC)

Krishna Mohan and Another Vs. Balkrishna Chaturvedi (Dead) Through L.R ...

Court : Allahabad

Decided on : Jul-06-2001

Reported in : AIR2001All334

..... the above execution case smt. ram kail for herself and as guardian of the appellants filed objection under order xxi, rule 90. c.p.c. which was rejected on 4.3.1967. thereafter the mother of the appellants did not file any declaratory suit, therefore, the suit filed by appellants was barred and not maintainable ..... was constructed by their father ram avtar and he was in possession over it till his life time. the open land shown with green colour in the plaint map was appurtenant to the said house and was being used by their father for the purpose of 'sehan' for tethering cattle, preparing cow dung cakes ..... 1982 are allowed and second appeal nos. 2214 of 1982 and 2830 of 1982 are dismissed, accordingly the judgment and decree of lower appellate court in civil appeal nos. 45 of 1979 and 46 of 1979 are set aside and the judgment and decree of trial court partly decreeing suit no. 91 of ..... grounds which they had taken in their suit no. 91 of 1968 and raising further pleas of nonjoinder and limitation etc.6. the trial court [additional civil judge) framed necessary issues in both the suits, separately but consolidated the above suits and decided the same by a common judgment. on considering the evidence ..... been filed against the judgment and decree dated 13.5.1982 passed by sri k. c. bhargava, the then learned 1st additional district judge, allahabad in civil appeal no. 46 of 1979, 45 of 1979, 642 of 1979 and 571 of 1979 respectively which were decided by a common judgment.2. krishna mohan .....

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Jul 05 2001 (HC)

Kamla Sharma (Dead) Through L.Rs. and Others Vs. Shailendra Kumar (Dea ...

Court : Allahabad

Decided on : Jul-05-2001

Reported in : 2001(3)AWC2094

..... dispute, the title is to be decided on the basis of other evidence and not on the basis of the recitals in the deed itself. therefore, the courts below rightly rejected the contents of the gift deed. learned counsel for the appellants cannot take shelter of the recitals of the gift deed of the year, 1945 to argue that smt. yashoda ..... no evidence to show that smt. yashoda devi was a benamidar and the findings of courts below are without any evidence. it is also contended in paragraph 2 of the plaint that the property was purchased by hanuman prasad in the name of his wife for her happiness (diljohi), which itself shows that she was not benamidar. however, in my opinion ..... is krishnanand agnihotri v. state of madhya pradesh. air 1977 sc 796. however, this was regarding criminal matter in which the principle of burden of proof are different from the civil matters.25. the other case referred to is hira lal v. gajjan, air 1990 sc 723. it was observed that 'so also in a case where the court below ignored .....

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Jul 05 2001 (HC)

Madan Lal Vs. Susheel Kumar Sharma and Another

Court : Allahabad

Decided on : Jul-05-2001

Reported in : 2001(3)AWC2212

..... release against the petitioner under section 21 (1) (a) of u. p. act no. xiii of 1972 (hereinafter referred to as 'act'). the applicationwas contested by the petitioner. it was rejected by the prescribed authority on 27.10.1997 by judgment. annexure-10 to the writ petition. aggrieved by that order, the respondent no. 1 preferred appeal no. 28 of 1997 ..... respondent no. 1 and his brother. subhash chandra and mother. smt. klran devi against the petitioner for eviction and for recovery of arrears of rent. in para 1 of the plaint, it was pleaded that all the three plaintiffs are the landlords of the premises in dispute. the mutual partition of 1985 and the decree for declaration werenot pleaded in the ..... 7.3.1994. the copy of judgment is annexure-3 to the writ petition. earlier suit no. 60 of 1992 for eviction of the petitioner was filed, the copy of plaint is annexure-4 to the writ petition.18. considering the overall circumstances of the case, it appears that the petitioner never delivered the possession of the shop to therespondent no .....

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