mortgage suit and, therefore, Order XXXIV Rule 11 of the Code of Civil Procedure would be applicable and the learned Tribunal below had reasonably ... Civil Procedure . Section 22 of the Act says that the Tribunal shall not be bound by the procedure laid down by the Code
advertisement, quoted above.
4. Pursuant to the recommendations of the V CPC , the pay scale of the Applicant was fixed in revised ... Diploma in Draftsmanship and not diploma in Civil Engineering. Moreover, the V CPC has also not accepted the demand for upgrading
Civil Procedure, 1908, Section 482 of the Code of Criminal Procedure and Rule 41 of Customs, Excise & Gold (Control) Appellate Tribunal (Procedure) Rules ... vested with the powers of a Civil Court, while trying a suit under the Code of Civil Procedure , 1908 in respect of the matters
Court has also referred to Order 26 Rule 10-A of Civil Procedure
Code, observing that a court can appoint a commission for scientific ... under:
"195.14. Under Order 26 Rule 10-A of the Civil Procedure Code, a
court can appoint a commission for scientific investigation
provision of Order XXXIV, Rule 2 of the Code of Civil Procedure , in a suit for enforcement of mortgage, the period of recovery ... relevant provisions under Order XXXIV of the Code Civil Procedure has held thus :
The provisions of Order XXXIV are intended to prevent the mortgagor
Adani Power Maharashtra Ltd vs Maharashtra Electricity Regulatory ... on 31 May, 2019
Judgment in Appeal
Page 14 of 202
(3) Notwithstanding anything contained in the Code of Civil
Procedure , 1908 (5 of 1908), the Board shall have the power ... same powers as are vested in
a civil court under the Code of Civil Procedure , 1908 (5 of
1908), while trying a suit
Rules 1,2 and 3 of order 19 of CPC or
the particular enactment or statute that allows, an affidavit ... confirm the conditions laid down under
Rule 3 of Order 19 of CPC .
(xxxiv) On the fact and circumstance of the case
Secondly, by ignoring the Explanation to Order XLVII Rule 1 of the CPC
and the principle that emerges from the same, what ... which is a
wholesome provision has been inserted to the Code of Civil Procedure . It
states that once there is a subsequent judgment overruling
Order XXXIV Rule 11 or Section 34 of the Code of Civil Procedure. He also points out that this Tribunal has also held that ... that it has been held that even under the Code of Civil Procedure there is no upper limit of 6% per annum for granting
