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Documents citing Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005

Sanjay Gupta vs Sis Ram And Others on 4 September, 2013

The legislature has enacted the provision of order 18 rule (4) of CPC to expedite the adjudication and their lordship of Supreme Court of India in cases titled as Salem Advocate Bar Association, T.N. vs Union Of India (2005) 6 SC Cases 344 is pleased to hold that the the will of the legislature cannot be defeated and the Commissioner may record the remarks as it thinks material in respect of demeanour of any witness, while under examination.
Delhi District Court Cites 5 - Cited by 0 - Full Document

Sanjay Gupta vs Barfo on 4 September, 2013

15.The ld.counsel for the defendant has submitted that the Local Commissioner cannot be appointed without the consent of the defendant and the demeanour of the witnesses would remain unknown to the court. But, I do not find any force in such submissions of the ld.counsel for the defendant because the legislature has made the law and this court has to enforce the law in it's letter and spirit. The legislature has enacted the provision of order 18 rule (4) of CPC to expedite the adjudication and their lordship of Supreme Court of India in case titled as Salem Advocate Bar Association, T.N. vs Union Of India (2005) 6 SC Cases 344 is pleased to hold that the will of the legislature cannot be defeated and the Commissioner may record the remarks as it thinks material in respect of demeanour of any witness, while under examination.
Delhi District Court Cites 5 - Cited by 0 - Full Document

Sanjay Gupta vs Amar Singh on 4 September, 2013

15.The ld.counsel for the Lrs of the defendant has submitted that the Local Commissioner cannot be appointed without the consent of the defendant and the demeanour of the witnesses would remain unknown to the court. But, I do not find any force in such submissions of the ld.counsel for the Lrs of the defendant because the legislature has made the law and this court has to enforce the law in it's letter and spirit. The legislature has enacted the provision of order 18 rule (4) of CPC to expedite the adjudication and their S:75/08/95 Sanjay Gupta Vs Amar Singh 8 of 9 lordship of Supreme Court of India in cases titled as Salem Advocate Bar Association, T.N. vs Union Of India (2005) 6 SC Cases 344 is pleased to hold that the will of the legislature cannot be defeated and the Commissioner may record the remarks as it thinks material in respect of demeanour of any witness, while under examination.
Delhi District Court Cites 6 - Cited by 0 - Full Document

Sanjay Gupta vs Lakhi Ram on 4 September, 2013

15.The ld.counsel for the defendant has submitted that the Local Commissioner cannot be appointed without the consent of the defendant and the demeanour of the witnesses would remain unknown to the court. But, I do not find any force in such submissions of the ld.counsel for the defendant because the legislature has made the law and this court has to enforce the law in it's letter and spirit. The legislature has enacted the provision of order 18 rule (4) of CPC to expedite the adjudication and their lordship of Supreme Court of India in cases titled as Salem Advocate Bar Association, T.N. vs Union Of India (2005) 6 SC Cases 344 is pleased to hold that the will of the S.no: 79/08/95 Sanjay Gupta vs Lakhi Ram 8 of 9 legislature cannot be defeated and the Commissioner may record the remarks as it thinks material in respect of demeanour of any witness, while under examination.
Delhi District Court Cites 6 - Cited by 0 - Full Document

Sanjay Gupta vs Surte And Another on 4 September, 2013

18.The ld.counsel for the Lrs of the defendant no.1 has submitted that the Local Commissioner cannot be appointed without the consent of the Lrs of the defendant no.1 and the demeanour of the witnesses would remain unknown to the court. Whereas, the counsel for the defendant no.2 namely Iqbal Singh has submitted that the worth value of the suit property is in crores, so the Local Commissioner cannot be appointed for the recording of the evidence. But, I do not find any force in such submissions of the ld.counsel for the defendants because the legislature has made the law and this court has to enforce the law in it's letter and spirit. The legislature has enacted the provision of order 18 rule (4) of CPC to expedite the adjudication S.no: 76/08/95 Sanjay Gupta vs Surte 9 of 10 and their lordship of Supreme Court of India in cases titled as Salem Advocate Bar Association, T.N. vs Union Of India (2005) 6 SC Cases 344 is pleased to hold that the the will of the legislature cannot be defeated and the Commissioner may record the remarks as it thinks material in respect of demeanour of any witness, while under examination.
Delhi District Court Cites 5 - Cited by 0 - Full Document

Shaileshbhai Occhavlal Kadakiya Thro ... vs Pannalal Mithalal Darji L.H.Of ... on 25 February, 2014

Learned   advocate   for   the   petitioner   was   asked  about particular observations in the decision in  the   case   of  Salem   Advocate   Bar   Association   (supra),   on   which   he   relies.     Learned   advocate  submitted that he relies on the same observations  that after the trial commences, amendment should  not   be   allowed.   The   learned   advocate   for   the  petitioner,   at   the   time   of   hearing   of   present  petition,   emphasized   that   after   the   issues   are  framed,   amendment   should   not   have   been   allowed  and that, therefore, the learned first appellate  Court   ought   not   have   granted   the   application.
Gujarat High Court Cites 13 - Cited by 0 - K M Thaker - Full Document

Smt. Zaibunnisa D/O Late Mohd. Din vs Rushi S/O Ramchandra Moon on 17 September, 2010

12. As I have found that basic opportunity to take steps either under Order IX Rule 5 (1) or then Rule 6(1)(b) CPC has been declined to plaintiff landlord for no fault on his part, I do not find that the argument of effect of judgment of Hon'ble Apex Court in Salem Advocates Bar Association vs. Union of India [supra] on view of this Court requires any consideration in present matter. Well settled proposition that rules of procedure are handmaid of justice and not its mistress needs to be applied in present facts. As more recently observed by Hon'ble Apex Court in AIR 2007 S.C. 2571--(R. N. Jadi and Brothers .vrs. M/s. v. Subhashchandra), the language employed by the draftsman of procedural law may be liberal or stringent, but the fact remains that the object of prescribing procedure is to advance the cause of justice. In an adversarial system, no party should ordinarily be denied the opportunity of participating in the process ::: Downloaded on - 09/06/2013 16:26:33 ::: 14 of justice dispensation. Unless compelled by express and specific language of the statute, the provisions of the CPC or any other procedural enactment ought not to be construed in a manner which would leave the Court helpless to meet extraordinary situations in the ends of justice.
Bombay High Court Cites 6 - Cited by 0 - B P Dharmadhikari - Full Document

Baldev Krishnan Ashta vs The Maharashtra Industril Development ... on 6 February, 2020

17. In the MID Act there is no provision made which requires that a prior notice before filing of suit or proceeding be sent to the Corporation. We have also found that Section 80 CPC does not apply to the Corporation. Therefore, in our respectful submissions, the law laid down by Hon'ble Apex Court would not help the case of the petitioner, rather it would stand in good stead for the Corporation.
Bombay High Court Cites 9 - Cited by 0 - M G Giratkar - Full Document

Baldev Krishnan Ashta vs The Maharashtra Industril Development ... on 6 February, 2020

17. In the MID Act there is no provision made which requires that a prior notice before filing of suit or proceeding be sent to the Corporation. We have also found that Section 80 CPC does not apply to the Corporation. Therefore, in our respectful submissions, the law laid down by Hon'ble Apex Court would not help the case of the petitioner, rather it would stand in good stead for the Corporation.
Bombay High Court Cites 9 - Cited by 0 - M G Giratkar - Full Document
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