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...provisions of Order 39 Rule 4 of the Civil Procedure Code. Mr. Shaker Shetty submitted that the appeal is maintainable under ...; and the order passed under Order 39 Rule 1 and 39 Rule 4 are appealable. It is no doubt true that such orders are appealable, nevertheless, the quest...setting aside the order passed under Order 39 Rule 1. This may be availed of by plaintiff himself or by defendant. If the plaintiff requires variation, in view of subsequent developments...
...hearing both the parties, came to be dismissed which order is impugned in this appeal. The lower Court came to the conclusion that the plaintiff filed the application under Order 39, Rule ...interests contrary to the order passed by the High Court. While dealing with this aspect, the lower Court came to the conclusion that second proviso to Order 39, Rule 4 of C.P. C...injunction was granted by this Court and, therefore, there was no change in the circumstance which could be brought under the vice of Rule 4 of Order 39 of C.P. Code. In my...
...the petition filed by the present petitioner under Order 39 Rule 4 of the C.P. Code, since the same was devoid of any merit and needs no consideration. Challenging the...petition challenging the order dated 26.4.2005 passed in Misc. Case No. 37 of 2004 (Annexure -2) in dismissing his application under Order 39 Rule 4 of the Code of Civil...application under Order 39 Rule 4 of the Code of Civil Procedure for variation of the status quo order which was numbered as Misc. Case No. 37 of 2004. The defendant had...
...Order 39, Rule 4 of the C.P Code, since the same was devoid of any merit and needs no consideration. Challenging the above order, the petitioner filed an appeal before t...the order dated 26.4.2005 passed in Misc. Case No. 37 of 2004 (Annexure-2) in dismissing his application under Order 39, Rule 4 of the Code of Civil Procedure...Order 39, Rule 4 of the Code of Civil Procedure for variation of the status quo order which was numbered as Misc. Case No. 37 of 2004. The defendant had taken the self same plea...
....334/1989. It is also prayed that till the adjudication on an application under Order 39 Rule 11 of the C.P. C., the proceedings of the suit needs to be stayed.
4. The...and carried out construction in breach of the order dated 17.02.2005.
8. In 2010, petitioners filed an application under Order 39 Rule 2-A of the C.P. C. alleging breach of ...pendency of the said suit, the petitioners filed an application under Order 39, Rule 1 and 2 seeking temporary injunction restraining the original Defendant Nos.1 to 4 from obstructing to the possession...
...Order 39, Rule 7 of the C.P Code, filed by the added defendants Nos. 3 and 4 on 14.8.91, praying for appointment of an Advocate Commissioner for local inspection. In dealing with...brought the suit for eviction of the defendants/tenants on the expiry of 21 years.4. Through the order impugned, the learned Judge considered an application under...the order No. 81 dated 22.11.91 passed by the learned Chief Judge, City Civil Court in T.S Case No. 2360/84.2. As per the case of the plaintiff/petitioner, the suit property was leased...
...states that the respondent company was struck off by the Registrar of Companies on 07.11.2022 and was later revived in pursuance of the order dated 26.06.2023 passed by this Tribunal in C.P. No. 164.../KB/2023. (Pg-39 to 42)
7. In terms of Rule 74 of the National Company Law Tribunal Rules, 2016, the present petition had been filed on 24.07.2023 and the notice was...4 of 4
12. The Registry is directed to send copies of the Order forthwith to all the parties and their representative for information and for taking necessary...
...states that the respondent company was struck off by the Registrar of Companies on 07.11.2022 and was later revived in pursuance of the order dated 26.06.2023 passed by this Tribunal in C.P. No. 164.../KB/2023. (Pg-39 to 42)
7. In terms of Rule 74 of the National Company Law Tribunal Rules, 2016, the present petition had been filed on 24.07.2023 and the notice was...4 of 4
12. The Registry is directed to send copies of the Order forthwith to all the parties and their representative for information and for taking necessary...
...State Of Bihar v. Ramesh Singh . (1977) 4 SCC 39, Union of India v. Prafulla Kumar Samal...in purchase of medicines for S.G Cancer Hospital, Indore. At the relevant time, Dr C.P Tiwari was posted as Dean, Medical College, Dr M.S Dwivedi was working as Superintendent, Mr S.B Johari....4. In our view, it is apparent that the entire approach of the High Court is illegal and erroneous. From the reasons recorded by the High Court, it appears that instead of considering the...
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...917 when it stated that the power of revision under Section 7 of the 1951 Act is wider than Order 47 Rule 1 CPC.39. Proceeding on the above basis, we come to the last....4. The latter order dated 19-6-1985 of the Commissioner passed in review was challenged in two writ petitions, one in a public interest case filed by one Bhagaban Kamil Das (OJC No. 3662 of...include the Board. In fact, Section 32 confers powers of revision on the Board against the order of any “officer”. Thus “officers” referred to in Rule 43 are those subordinate to the Board of Revenue...
..., dated 11-4-1962] will be applicable insofar as matter relating to rule 39 is concerned. In Govinda Rao's case (supra) the Supreme Court laid emphasis on section 3(1) of the C.P. and Berar Food Grains...Per Shri K.A. Thanikkachalam, Judicial Member - This appeal is directed against the order of the Commissioner (Appeals), dated 4-7-1983, passed in IT Appeal No. 6/KII of 1982-83 for the.... Accordingly, it was pleaded that the order passed by the Commissioner (Appeals) may be cancelled and the order of the ITO may be restored.4. On the other hand, the learned counsel...
...Indian Penal Code registered against a detenu at Police Station Lopoke in Amritsar on 27-2-1980. The detention order was passed on 4-11-1980. Those acts which formed the only basis for the impugned order...No. 111/79 has been registred in this connection at Mattannur Police Station.On 3-4-77 C.P No. 4 and six others joined together armed with deadly weapons at ‘Vattiya’ of Payam Amsom....C.P No. 3 is involved in Cr. No. 147/79 of Tellicherry Police station.Counter petitioners 4 and 5 are well known R.S.S workers as other C. Ps and are close associates...
...forward with an application under O. 39 R. 9, C.P Code. He apprehended that taking advantage of the dismissal of the suit, the appellant herein might alienate the property and if he should alienate, the...interim injunction. In my view, the order is only to advance justice and did not cause any prejudice to either parties.3. The second argument is that the petition is laid under O. 39, R. 1..., C.P Code and as no suit is pending, the respondent is not entitled to resort to O. 9. R. 1, C.P Code. It might be that the respondent is not entitled to invoke to his aid O. 39, R. 1, C.P.C But the...
...G.N Ray, J.:— This Rule is directed against the ex parte order No. 3 dated 6th January, 1977 and the ex parte order No. 7 dated 11th January, 1977 under S. 151 and Or. 39 R. 7 of the Code...said Title Suit No. 2 of 1977, the plaintiff wrongfully obtained ex parte order under S. 151 read with Or. 39 R. 7 C.P Code which was modified by another ex parte order dated 14th January, 1977 for...was related only to the proxy votes of Orissa. Mr. Maitra, further contended that for passing an order under Or. 39 R. 7 of the C.P Code it is not necessary that the said provision must confine to the...
...Rule 3 of Order 39 of the Code requires that in all cases the court shall, before grant of an injunction, direct notice of the application to be given to the opposite-party, except where it appears...context of Rule 3 of Order 39 of the Code. Before the proviso aforesaid was introduced, Rule 3 said “the court shall in all cases, except where it appears that the object of granting the injunction would...they are required to be complied with but non-compliance therewith will not vitiate the order so passed. But same cannot be said in respect of the proviso to Rule 3 of Order 39. The Parliament has...
...provisions of Order 23. Rule 1 of Civil Procedure Code or then finding that it is still a complaint under Item 6 of Schedule IV is unsustainable and ...BIR Act and applicability of Central Act, the Certified Standing Orders settled under C.P Act continued to apply and hence recourse to Clause 4-C of Model Standing Orders prescribed under Central Act...of Gangadhar Balgopal Nair v. Voltas Limited, (supra), wherein the question whether Model Standing Order 4-C as contained in...
...against a record, and as a record can be brought up only
(1) [1955] S C.R. 250.
(2) [1879] 4 A.C.30, 39...of the issue raised in the proceedings. It exists to correct error of law where revealed on the face of an order or decision,
(1) [1879] 4 A.C...beyond identification; and under Rule 47(2), whether more than one ballot paper has been cast by the voter. Rule 47 (4) is important. It provides that "the decision of the Returning Officer as to the...
...
M/s.A.P.Carbides Ltd.,
07.08.1992
2
C.P.21/94
M/s.AGR Finance & Chit Fund (P) Ltd.,
28.04.1994
3
C.P.No.39...
16
C.P.48/89
M/s.Mopeds India Ltd.,
17.10.1990
17
RCC.4/1993
M/s.Polytech Organics Ltd.,
15.12.1994...Chemicals Ltd.,
24.10.2000
38
RCC.1/1991
M/s.Uppalapati Solvent Oils Ltd.,
21.02.1992
39
C.P.38/2002
M...
...Division) Shrawasti to decide the
application under order 39 Rule 1 & 2 read with section 151
C.P. C, pending in R. S.No. 1938/2024, Mohd. Yakoob Vs.
Rizwan Khan, expeditiously within...court concerned to
decide the application under order 39 Rule 1 & 2 read with
section 151 C.P. C, pending in R. S. No. 1938/2024, Mohd.
Yakoob Vs. Rizwan Khan, expeditiously within...a period of six
weeks from the date of production of a certified copy of this
order.
Order Date :- 15.1.2025
VNP...