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...the respondents. After the said execution petition had been filed the Addl. District Judge made a report Under Section 82 CPC to the Collector, Jodhpur Since no action was taken on the basis of the...the submission of Shri Gaur was that after the filing of the execution petition, the Addl. District Judge had made a report to the Collector Jodhpur Under Section 82 CPC and that inspite of the said...it was not open to the respondents to file an objection petition. In this regard Shri Gaur has submitted that the report that was made by the Addl. District Judge to the Collector Under Section 82 CP should be equated to the notice ...

...found in Section 82 CPC. 5. Though it is admitted that NEEPCO is a State within the definition of Article 12 of the Constitution, yet the term would extend only as far...as enforcement of fundamental rights are concerned and it cannot be construed to mean „Government" so as to attract the provision of Section 82 CPC, further submits the learned Sr. counsel.... Jindal, learned counsel for the respondent/NEEPCO, in his reply has flagged a preliminary objection that since the impugned order has been passed under Section 82 CPC where this Court would be required...

...found in Section 82 CPC. 5. Though it is admitted that NEEPCO is a State within the definition of Article 12 of the Constitution, yet the term would extend only as far...as enforcement of fundamental rights are concerned and it cannot be construed to mean „Government" so as to attract the provision of Section 82 CPC, further submits the learned Sr. counsel.... Jindal, learned counsel for the respondent/NEEPCO, in his reply has flagged a preliminary objection that since the impugned order has been passed under Section 82 CPC where this Court would be required...

...and none of the LRs. of Shankar Singh are in possession. The factum of notice under Section 82 CPC was also denied. It is further contended that the plaintiffs have no case in their favour and...take evidence on the issue. He has further argued that there are ample powers for the appellate Court to remand the matter as provided under Section 107 of CPC.4. Heard the learned...of natural justice and the provisions as contained in MPLRC has changed the entries. A notice under Section 80 CPC was issued on 7.11.2012 but despite of receipt of notice no response was filed...

...far as the appeal under the ESI Act is concerned.7. It is required to be noted that if substantial question of law is to be framed in an appeal under section 82 of the ESI Act as like the appeal under ...satisfied that the case involves such question. Scheme of section 100, CPC and section 82 of ESI Act is altogether different and in the later case, the Court is not required to frame subs...100, CPC. Language of section 100, CPC and section 82 of the ESI Act is different so far as this question is concerned. In that view of the matter, it is not necessary to frame any...

...provisions of Section 82 of the CPC the decree is not in an executable stage and as such the period of limitation can really commence after that stage has reached. Until then it can be stated to be...Section 82 of the CPC the question of limitation could not arise in this case. The objection under Section 47 of the CPC is, therefore, not maintainable. The execution is in time. The appeal is dismissed. ...1. This appeal is on behalf of the Union of India against the order of the learned Subordinate Judge, Balasore, dated 27-11-65 by which an application under Section 47 of the CPC made by...

...State Government, neither notice under Section 80, CPC was served nor leave was granted under Section 82, CPC to file suit without service of notice. 6. It would be profitable to note...Code of Civil Procedure, 1908 (henceforth 'CPC'), nor notice under section 80(1) of the cpc was served before instituting the suit against the State, which is mandatory provision of law, thus...non-serving of the notice respectively under section 80(1) of the cpc, and Section 401(1) of the Act of 1956, as no such objection was raised before the Courts below, therefore, preliminary objection...

...respondents have not apologised for the contempt alleged.3. In our view, the provisions of Section 82 of the CPC constitute a complete answer to the charge of contempt. Sec. 82 of the...provisions of Section 82 of the CPC and that the time specified in the section cannot affect the question of a contumacious disregard of an order of injunction passed by a Civil Court.5. In...view of the express provisions of Sec. 82, we must hold that there can be no question of any contempt until the procedure laid down in that section has been exhausted. That being so we must hold that...

...court below.2. It is agreed by both sides that the question of limitation has to be decided in the light of sub-sections 1 and 2 of Section 82 of the CPC as...in question, as the decree by virtue of Section 82 of the CPC is not immediately capable of execution. According to the learned advocate, in the case of such a decree, time cannot run against the...Government, the right of the decree holder to execute the decree can arise in view of Section 82, sub-section 2 of the CPC as it stood before the amendment of 1956, only after...

...notice under Section 82 of the CPC and the Trial Court allowed the application and thereafter issued summons. Therefore, the suit filed is not hit by Section 82 of ...without issuing notice to the Government as stated under Section 82 of CPC was not maintainable. 8. I have considered the submissions made by learned counsel for the parties...gift deeds, and further contended that the suit is barred by limitation. It was further contended that the suit filed without issuing notice under Section 80 of the CPC was not maintainable...

...additional ground was taken that the decree was not executable, and the court had no jurisdiction to execute the decree, because the requirements of Section 82 of the CPC were not complied with, and..., appearing in support of this appeal, submitted that in view of the amendment made in Section 82 of the CPC by Act 66 of 1956, the view taken by the earlier cases that the...decree could not be executed for non-compliance of that section, does not hold good now, or, in any event, the sale, held without complying, with the requirements of S. 82, cannot be said to be void; it...

...before whom the decree was sought to be executed is the Court that had passed the decree. I should, therefore, direct that he should now proceed to complete the decree in terms of Section 82 of the CPC, and...1. The petitioner is the Governor-General in Council which means according to the provisions of Section 79 of the CPC, the Crown, the petition is directed against an order of the executing...Cause Court decree against the Crown in the name of Governor-General in Council and the decree did not comply with the mandatory provisions of S. 82, Cvil P.C The mandatory provisions of the section...

...executability of the award on the round that no time had been specified in the award for its satisfaction as required under Section 82 of the CPC. This objection did not find favour with the executing...82 of the CPC.4. Section 26(2) of the Land Acquisition Act provides that an award shall be deemed to be a decree within the meaning of...Kashmir State for the time being relating to the procedure in Civil actions shall apply to all proceedings before the Court under this Act.’5. Section 82 of the CPC reads as under...

...Order 39 Rule 1 & 2 read with Section 151 CPC pending in the Suit No. 82/2024, Vijai Raj Vs. Chhail Behai and others expeditiously within stipulated period as fixed by this Hon'ble...

...reason time limit having been prescribed under Section 82, CPC for execution of a decree which aspect of the matter had come under discussion in reference to contempt proceedings within the execution...(Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the...Section 20 of the Contempt of Courts Act will commence only from the date of order in the Writ Appeal.”21. On a careful consideration of the ...

...on will not hold good for the reason time limit having been prescribed under Section 82, CPC for execution of a decree which aspect of the matter had come under discussion in reference to contempt...Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the respondent for his willful and utter disobedience and contempt to the order...the Apex Court. If the Writ Appeal is withdrawn, certainly contempt will lie before the Single Judge and the time limit as per Section 20 of the Contempt of Courts Act will commence only from the date...

..., CGA, in support of his argument on will not hold good for the reason time limit having been prescribed under Section 82, CPC for execution of a decree which aspect of the matter had come under...Section 20 of the Contempt of Courts Act will commence only from the date of order in the Writ Appeal.”21. On a careful consideration of the m...request and in exercise of powers under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as ‘the Act’) by its letter dated 9 of February, 2004...

...CPC in Suit No. 82 of 2020 pending before the Sub Divisional Magistrate, Mahmoodabad, requesting that his application under Order 39 Rule 1 CPC be disposed of. 4. On the aforesaid..., District Sitapur-opposite party no. 2 so far it relates to cancellation of interim order dated 15.06.2022. 3. On 03.06.2022, the petitioner had filed an application under Section 151...for 15.06.2023 for hearing on the application under Order 7 Rule 11 CPC. 6. Sri Dilip Kumar Pandey, the learned counsel for respondent no. 18 has raised a preliminary objection...

...AND SESSIONS JUDGE, RANEBENNUR TO PASS APPROPRIATE ORDER ON I.A. NO.2 FILED UNDER ORDER 41 RULE 5 R/W SECTION.151 OF CPC IN R.A. NO.82/2019 PURSUANT TO...to decide the application filed by the petitioners under Order 41 Rule 5 read with Section 151 of CPC., 2. The petitioners have preferred an appeal in R.A.No.82/2019...PETITION NO.103316 OF 2024 (GM-CPC) BETWEEN: MALLAPPA S/O. HALAPPA KODADA, SINCE DECEASED BY HIS LR'S. 1. SMT. GEETHA W/O. AJJAPPA...