Bare Act Search Results

Code of Civil Procedure, 1908 Rule 1 to 18

Title: Pleading Generally

State: Central

Year: 1908

.....to state material facts and not evidence (1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved. (2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph. (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words]. 3. Forms of pleading The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings. 4. Particulars to be given where necessary In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading. 5. Further and better statement, or particulars Rep. by the Code.....

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

The Commercial Courts, Commercial Division &Amp; Commercial Appellate Division Of High Courts Act, 2015 Complete Act

State: Central

Year: 2015

.....APPELLATE DIVISION OF HIGH COURTS ACT, 2015 THE COMMERCIAL COURTS, COMMERCIAL DIVISION & COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015 NO. 4 OF 2016 An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. Be it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows: CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 23rd day of October, 2015. Definitions. 2. (1) In this Act, unless the context otherwise requires, (a) Commercial Appellate Division means the Commercial Appellate Division in a High Court constituted under sub-section (1) of section 5; (b) Commercial Court means the Commercial Court constituted under sub-section (1) of section 3; (c) commercial dispute .....

Monopolies and Restrictive Trade Practices Act, 1969 Complete Act

State: Central

Year: 1969

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 54 of 1969 An Act to provide that the operation of the economic system does not result in the concentration of economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Monopolies and Restrictive Trade Practices Act, 1969. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may,1[by notification], appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "agreement" includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of this Act) by legal proceedings ; (b) "Commission" means the Monopolies and Restrictive Trade Practices Commission established under.....

Code of Civil Procedure, 1908 Amending Act 2

Title: Code of Civil Procedure (Amendment) Act, 2002

State: Central

Year: 1908

.....expired before the commencement of the Code of Civil Procedure (Amendment) Act, 2002.". 15. Amendment of the Code of Civil Procedure (Amendment) Act, 1999 In the Code of Civil Procedure (Amendment) Act 1999 (46 of 1999),-- (a) section 30 shall be omitted; (b) in section 32 in sub-section (2),-- (i) clauses (g) and (h) shall be omitted; (ii) for clause (j), the following clause shall be substituted, namely:-- "(j) the provisions of rules 1,2, 6,7, 9, 9A, 19A, 21, 24 and 25 of Order V of the First Schedule as amended or, as the case may be, substituted or omitted by section 15 of this Act, and by section 6 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in respect of any proceedings pending before the commencement of section 15 of this Act and section 6 of the Code of Civil Procedure (Amendment) Act, 2002;"; (iii) for clause (k), the following clause shall be substituted, namely:-- "(k) the provisions of rules 9,11,14,15 and 18 of Order VII of the first Schedule as amended or, as the case may be, substituted or omitted by section 17 of this Act and by section 8 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in.....

Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....the performance of which involves the performance of a continuous duty which the court cannot supervise. (2) Save as provided by the Arbitration Act, 1940, no contract to refer present of future differences to arbitration shall be specifically enforced; but if any person who has made such a contract (other than arbitration agreement to which the provisions of the said Act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit. (3) Notwithstanding anything contained in clause (a) or clause (c) or clause (d) of sub-section (1), the court may enforce specific performance in the following cases:-- (a) where the suit is for the enforcement of a contract,-- (i) to execute a mortgage or furnish any other security for securing the repayment of any loan which the borrower is not willing to repay at once: Provided that where only a part of the loan has been advanced the vender is willing to advance the remaining part of the loan in terms of the contract; or (ii) to take up and pay for any debentures of a company; (b) where the suit is for,-- (i) the execution of a formal deed.....

Specific Relief Act, 1963 Complete Act

State: Central

Year: 1963

.....includes every person holding property in trust; (e) all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872)-, have the meanings respectively assigned to them in that Act. SECTION 03: SAVINGS Except as otherwise provided herein, nothing in this Act shall be deemed- (a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908 ( 16 of 1908)-, on documents.1967 SECTION 04: SPECIFIC RELIEF TO BE GRANTED ONLY FOR ENFORCING INDIVIDUAL CIVIL RIGHTS AND NOT FOR ENFORCING PENAL LAWS Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. PART 02: SPECIFIC RELIEF CHAPTER 1 RECOVERING POSSESSION OF PROPERTY SECTION 05: RECOVERY OF SPECIFIC IMMOVABLE PROPERTY A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908)- SECTION 06: SUIT BY PERSONS DISPOSSESSED OF IMMOVABLE PROPERTY (1) If any person is dispossessed.....

Specific Relief Act 1963 Chapter III

Title: Rectification of Instruments

State: Central

Year: 1963

(1) When, through fraud or a mutual mistake of the parties, a contract or otherinstrument in writing (not being the articles of association of a company to which the Companies Act, 1956, applies) does not expresstheir real intention, then-- (a) either party or his representative in interest may institute a suit to have the instrument rectified; or (b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading thatthe instrument be rectified; or (c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, askfor rectification of the instrument. (2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds thatthe instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, directrectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by thirdpersons in good faith and for value. (3) A contract in writing may first be rectified, and then if the party claiming.....

Specific Relief Act 1963 Section 26

Title: When Instrument May Be Rectified

State: Central

Year: 1963

(1) When, through fraud or a mutual mistake of the parties, a contract or otherinstrument in writing (not being the articles of association of a company to which the Companies Act, 1956, applies) does not expresstheir real intention, then-- (a) either party or his representative in interest may institute a suit to have the instrument rectified; or (b) the plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his pleading thatthe instrument be rectified; or (c) a defendant in any such suit as is referred to in clause (b), may, in addition to any other defence open to him, askfor rectification of the instrument. (2) If, in any suit in which a contract or other instrument is sought to be rectified under sub-section (1), the court finds thatthe instrument, through fraud or mistake, does not express the real intention of the parties, the court may, in its discretion, directrectification of the instrument so as to express that intention, so far as this can be done without prejudice to rights acquired by thirdpersons in good faith and for value. (3) A contract in writing may first be rectified, and then if the party claiming.....

Code of Civil Procedure (Amendment) Act, 2002 Section 7

Title: Amendment of Order Vi

State: Central

Year: 2002

In the First Schedule, in Order VI, for rules 17 and 18 [as they stood immediately before their omission by clause (iii) of section 16 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999)] the following rules shall be substituted, namely:--"17. Amendment of pleadings.--The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that is spite of due diligence, the party could not have raised the matter before the commencement of trial.18. Failure to amend after Order.--If a party who has obtained an order for leave to amend does not amend accordingly within the time limited for the purpose by the order, or if no time is thereby limited then within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such limited time as aforesaid or of such fourteen days, as the case.....