....9. Even otherwise, Section 40-A of the Mysore Act categorically provides that a suit under Section 92 of the Code of Civil Procedure, 1...been passed. Undoubtedly, Section 40-A refers to Section 92 of the Code of Civil Procedure, 1911. This was the Code which was prevailing in Mysore State in 1927 when the...:“20. (3) In every law or notification passed or issued before the commencement of this Act in which reference is made to, or to any chapter or section of any law hereby repealed, such...

...exercised in accordance with the provisions in order 21 Rule 37 to Section 40 of the Code of Civil Procedure) to order re-arrest of a judgment-debtor a...released from detention, as per the order passed earlier by the Executing Court, that too after complying with the provisions in order 21 Rule 37 to Section 40 of the Code of ...-1984 or later, the Executing Court would not have had any power to order re-arrest in view of sub-section (2) of Section 58 of the Code of Civil ...

...execution of order of eviction, the respondent raised objections both under Section 40 of the Act as well as under Section 47 of the Code of Civil ...his eviction from the suit premises under clause (d) of Section 22 of the Delhi Rent Control Act, 1958 (for short “the Act”) on the ground that the premises are required bona fide for furtherance of...treated as being without jurisdiction. We are afraid we cannot accede to the contention of the learned counsel. Whether the appellant is an institution within the meaning of Section 22 of the Act and...

...rules under Section 40 of the Civil Procedure Code. 2. The facts giving rise to this appeal are ..., according to the learned counsel, only suggests that in case there exists cretain special rules in a particular State on the matter referred to in Section 40 C.P.C. apart from what are contained in the F...altered in accordance with the provisions of Part X of the Civil Procedure Code. It therefore appears that in the absence of any rules made by the High Court in exercise ...

...the learned Judge is right. When the appellant appears in Court, the learned Judge will no doubt make an enquiry as required by Order 21, rule 40 and section 51 of the Code of Civil ...of Civil Procedure inasmuch as there was no enquiry and a finding as contemplated by that section. It is, however, argued by Sri M. Suryanarayanamurthy, learned counsel for the decree-holder...judgment-debtor—20th September, 1963.”3. It is contended by the learned counsel for the appellant that this order contravenes the provisions of section 51 of the Code...

...technical, while granting relief to the victims/claimants.3. In view of the provisions of Section 40 of Code of Civil Procedure,...Pritam Pal, J. (Oral):— This petition filed by the petitioners, under Article 227 of the Constitution of...India, is directed against order dated October 14, 2006, whereby an application Annexure P-6 of the petitioners, for transfer of execution of the decree/award, passed in a claim case, under the...

....”The result therefore would be that the entire claim in the suit must fail by reason of the combined effect of Section 80 of the Civil Procedure ...served a notice under Section 80 of the Civil Procedure Code dated September 2, 1952 on Government making a claim for damages for alleged breach of certain of the stipulations. After rece...nature, the latter being mainly two: (1) that the suit was bade for want of a proper notice under Section 80 of the Civil Procedure Code, and (2) that the suit was barred under the Punjab Land Rev...

...uncontroverted and as the case is made out by the Petitioner and as of agreement which are required under Order 40 of Civil Procedure Code, read with Section 9 of the Act, I am i... ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 530 OF 2009 TATA Capital Ltd. ...Petitioner. Vs. 1.Sonal...JUDGMENT 1. Leave to amend the petition is granted. Amendment to be carried out forthwith. 2. The Petitioner has invoked Section 9 of the Arbitration and...

...cause of action, wholly or in part, arises.”40. Although in view of Section 141 of the Code of Civil Procedure the provisio...-section shall be—(9) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to ap...-section (9) of Section 35-G, prior to 1999, provided for application of the procedure of Code of Civil Procedure, 1908 mutatis mutandis to the appeals to the H...

...) submits that there is nothing either in the Specific Relief Act or in the Civil Procedure Code debarring the Civil Court from exercising powers under ...is no prohibition either in the Specific Relief Act or in the Civil Procedure Code for the Civil Court to act under ...Order 40 Rule 1 Civil Procedure Code in a suit under ...

...parties with the direction that Miscellaneous Case No. 80 of 1936 should be reheard by the execution court. The sale was set aside on rehearing. Mukherjee then started Miscellaneous Case No. 40 of 1938 under ...amounting to, an order for transmission of the decree to the Asansol court for execution under Section 39 of the Code of Civil Procedure. The Civil Procedure ...was purchased by the decree-holder for Rs 20,000. Mukherjee, however, filed an application on July 7, 1933, under Section 47 and Order 21 Rule 90 of the Civil Procedure Code for setting aside the sale...

...without due payments. 2 Therefore, considering the scope and purpose of Section 9 of the Act read with Order 40, Ru...has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as the respondents have committed various defaults in making the due payments, based upon the Loan-cum... 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J...

...Prayer: Petition has been filed Under Section 24 of the Code of Civil Procedure code to withdraw H.M.O.P No. 40 of 2009 pending on ...Judge, Krishnagiri and to transfer the same to the Family Court, Chennai.O R D E RThis Transfer Civil Miscellaneous petition has been filed, to withdraw H.M.O.P No. 40 of...No. 40 of 2009 pending, on the file of Subordinate Court, Krishnagiri, is transferred to the Family Court, Chennai, as prayed for in this petition.Accordingly, this Transfer Civil...

...without due payments. 2 Therefore, considering the scope and purpose of Section 9 of the Act read with Order 40, Ru...has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) as the respondents have committed various defaults in making the due payments, based upon the Loan-cum... 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J...

...or immovable property. He drew my attention to the provisions of Order 21, Rule 40 and Section 51 of the Code of Civil Procedure (hereinafter referred ...can secure his presence, if necessary, by issuance of warrant. Order 21, Rule 40 and Section 51 comes into operation after the Court wants to send him to civil prison for...21, Rule 37 of the Code provides that where an application is for execution of a decree for payment of money by arrest and detention in civil prison of a judgment-debtor, who is liable to...

...the plaintiff moved an application under section 35(B) of the Civil Procedure Code alleging that the costs of Rs....section 35(B) of the Civil Procedure Code.2. No one is present on behalf of the plaintiff-responde...not sufficient for invoking provision of Section 35-B of the Code of Civil Procedure. The provisions of Section 35-B are attracted only if the...

...uncontroverted. The Respondents have been using the vehicles without due payments. Therefore, all the elements as required under Section 40 of the Code of Civil Procedure, ( for short, C.... 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION...:- 25th SEPTEMBER, 2009. ORAL JUDGMENT- 1 The petitioner has invoked Section 9 of the...

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...uncontroverted. The Respondents have been using the vehicles without due payments. Therefore, all the elements as required under Section 40 of the Code of Civil Procedure, ( for short, C.... ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO. 444 OF 2009 Kotak Mahindra Bank Ltd., a banking Company incorporated within the meaning of the Bank...- 2 1 The petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act), the...

...learned counsel that the order of the executing court to send the judgment-debtor to civil prison is illegal. The procedure, as laid down in rules 37 and 40 of Order 21, was not followed. A show-cause noti...aforesaid discussion, it is found that the learned executing court has not issued any show-cause notice in the matter. It is necessary to follow the procedure as laid down in rules 37 and 40 of Order 21 read with ...showing cause why he should not be committed to prison, the court is satisfied about the matters specified in clauses (a) to (c) of the proviso to section 51 of the Code of Civil ...