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...Miscellaneous Second Appeal filed under Section 100 of Hindu Marriage Act, 1995, read with Section 28 of CPC, to set aside the order and decretal order of the First Appellate Court dated ..., Sankarankovil.
Copy to
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court, Madurai...
C.M.S.A.(MD)No.3 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT...
...the statement of grounds as ‘judgment’ under Section 2(9) of the CPC. Section 28 enjoins that the award of the Court may direct that the Collector “shall pay interest on such excess or pa...enhanced rate of interest as provided in the proviso to Section 34 is similarly provided in the proviso to Section 28 as per Section 18 of the Amendment Act 68 of 1984. Section 5...inconsistent provisions of CPC stand excluded.11. The basic question, therefore, would be whether the claimant is entitled to appropriate from the principal amount of compensation determined...
...certain percentage of the amount is directed to be awarded as envisaged under Sections 23(1-A) and 23(2) and the interest component under Section 28, the invocation of Section 151 CPC by necessary...claimants did not. The High Court by judgment dated 22-8-1984 dismissed the appeals. Subsequently, the appellants came to file applications under Order 47 Rule 1 and Section 151 CPC for amendment of...under Section 152 CPC. Though Section 151 CPC gives inherent power to the Court, it is intended only to prevent abuse of the process of the court or to meet the ends of justice. The prese...
...was issued in Marathi. As per Section 28 of CPC, the interstate summon should be issued either in Hindi or in English. The issuance of summon in Marathi itself amounts to...
(vi)any other matter which may be prescribed." 10.Section 28 CPC mandates the party to send the summons in English as the other party is in another state, ....
7.It is relevant to refer to Section 11 of the Consumer Protection Act, 1986, which confers jurisdiction in respect of District Forum and the same is extracted as...
...never delivered on the applicant or any member of his family and further that no summons have been issued by the Court in the State of Uttar Pradesh under Section 28 of CPC. It is further submitte...14th January, 2020 passed by the learned Single Judge disposing of IA No.7667/2019 in CS (COMM) No. 1055/2018 filed under Order IX Rule 7 of CPC by appellant-defendant No.1 for recall of the order...relies upon Order V Rules 15, 17, 19 and 21 of CPC. 5. Learned counsel for the appellant-defendant No.1 further submits that as the Trial Court had issued summons by all modes, the...
...filed an application before the trial Court under Section 148 of the Code of Civil Procedure (for short, ‘CPC’) and Section 28 of the Specific Relief Act being I.A. No. 732/2016 in O.S. N...consideration and dismissing the application filed by the appellant under Section 28 of the Specific Relief Act.9. It is vehemently submitted that as such there was a huge delay of 8...passed by the trial Court in an application under Section 148 CPC and Section 28 of the Specific Relief Act is discretionary in nature and when the trial Court had exercised its discretion in favour ...
...filed under Section 100 of Hindu Marriage Act, 1995, read with Section 28 of CPC, to set aside the Judgment and decree of the learned 3rdAdditional District Judge, Tirunelveli,...has to be read as
11
cruelty under section 13-1(i)(a) of the Hindu Marriage Act, 1955. In the instant case, though the....
Copy to
The Section Officer,
Vernacular Records,
Madurai Bench of Madras High Court, Madurai.
13...
....”This decree was apparently framed in the light of the provisions of Section 28 of the Act and Order 20 Rule 14 CPC Section 28 whic...appellants. Attention of the High Court apparently does not seem to have been drawn to the provisions either of Section 28 of the Act or of Order 20 Rule 14 CPC or of para 3 .... This argument ignores that the scheme of Section 28 of the Act read with Order 20 Rule 14 CPC does not postulate decrees of pre-emption in favour of rival pre-emptors on payment ...
...had executed and recovered the enhanced compensation with interest on 27-5-1976. The State, therefore, filed an application under Section 144 CPC on 28-2-1983 for restitution of the excess amount with...computed under Section 28 of the Act.4. Under Section 144 CPC, the doctrine of restitution contemplates that where a property was received by a decree-holder in executio...by special leave.3. Learned counsel for the appellants vehemently contended that in an application for restitution under Section 144 of the CPC, the respondent is not...
...envisaged under Sections 23(1-A) and 23(2) and the interest component under Section 28, the invocation of Section 151 CPC by necessary implication stands excluded.9. Thus...accordance with law. This is not either a clerical or arithmetical mistake for correction under Section 152 of CPC or under Section 13-A of the Act, but is an independent exercise of power. Unless...hand, contended that since the CPC is made applicable to the proceedings of reference under Section 18, by operation of Section 53 of the Act, the civil court gets inherent power under ...
...period.
2. After arguing for some time, learned counsel for the petitioner
submits that the petitioner would be satisfied if her application under Section
28 of Specific Relief Act, 1963 read with ...direction to the trial Court to decide the
application filed by the petitioner under Section 28 of Specific Relief Act, 1963
read with Section 151 CPC within a period of two months...
130 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-913-2024
Date of Decision:15.02.2024
Paramjit Kaur...
...filed a miscellaneous petition under Order 39 Rule 2-A read with Section 151 CPC (registered as Misc. Case No. 28 of 2002) for alleged breach of an interim injunction earlier granted in her favour. In...the High Court in exercise of its supervisory jurisdiction, even if Section 115 CPC would not have been strictly applicable. It is true that the plaintiff-appellant ought to have been diligent in...6 Rule 17 of the Code of Civil Procedure (“CPC”, for short) for amendment of the suit property as described in the schedule to the plaint.3. The material facts are brief...
...that the Court has got power to entertain an application under Sections 148 and 151 of CPC, to consider the merits of the matter for condoning the delay or for extending time. Admittedly, in this case, the application has b...of the Limitation Act, 1963. Under such circumstance, I am of the view that the Court cannot extend time under Sections 148 & 151 of CPC when the time granted under the Limitation Act has already been expi...the order in I.A No. 1837 of 2001, an application filed under under Sections 148 & 151 of CPC and under Section 25 of the...
...been preferred by appellant- husband under
Section 28 of the Hindu Marriage Act, 1955 read with Section 96 of the CPC,
1908 assailing the impugned order dated 04/08/2012 passed by ...
(ANAND PATHAK)(ANAND PATHAK)
JUDGEJUDGE
(HIRDESH)(HIRDESH)
JUDGEJUDGE
IN THE HIGH COURT OF MADHYA PRADESHIN THE HIGH COURT OF MADHYA PRADESH
AT...GWALIORAT GWALIOR
BEFOREBEFORE
HON'BLE SHRI JUSTICE ANAND PATHAKHON'BLE SHRI JUSTICE ANAND PATHAK
&&
HON'BLE SHRI JUSTICE HIRDESHHON'BLE SHRI JUSTICE HIRDESH
ON THE 28ON THE 28 thth...
...of the issues wherein the landlord applied for appointment of a commissioner. If section 28 nowhere restricts, I see there is no reason to reject the case of the landlord considering the scope and purpose ...section 28 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as the Act for short). The Appellate Court however, by impugne...application was rejected mainly because he wanted to inspect the premises with an architect. Considering the scheme and object of the Act and specially section 28 which is reproduced here under...
...Section 28 of the Hindu Marriage Act r/w Section 96 of CPC.Considering aforesaid prayer without ex...of non-compliance of the order passed under Section 24 of the Hindu Marriage Act directing the petition to pay the...interim alimony to the respondent the aforesaid suit/petition filed under Section 13 of Hindu Marriage Act has been...
....
Ramasamy ... Respondent Prayer:- Civil Miscellaneous Second Appeal filed under Section 100 of CPC read with Section 28 of the Hindu Marriages Act, 1955, to set aside the Judg...
C.M.S.A.(MD) No.21 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED...: 07.08.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN C.M.S.A.(MD) No.21 of 2017
Rajammal ... Appellant Vs...
...to be dealt with under Section 149 of the CPC, read with Section 28 of the Court-fees Act. This furnishes a concl...-fees Act, bars the application of Section 149 of the CPC? Section 6 of the Court-fees Act, provides that no...only when it had authority to receive it. The contention is manifestly repugnant to the plain terms of Section 149 of the CPC, which authorises the Court to extend, in its discretion, time for payment of...
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.... Application under Section 28-A(1) may be made at the instance of the selfsame person or different persons. Any other interpretation would amount to rewriting the proviso to sub-section (1) of ...) by his award dated 28-2-1989 but did not award solatium and interest and the additional compensation under Section 23(1-A) of the Act. The respondents made another application — CM No. 4978 of 1990...the relevant one and any subsequent award made by the reference court or the judgment of this Court dated 24-8-1987 do not furnish any cause of action to file the application under Section 28-A. The...