Bare Act Search Results

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.....

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 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.....

Code of Civil Procedure, 1908 Rule 1 to 10

Title: Written Statement, Set-off and Counter-claim

State: Central

Year: 1908

.....by the Act 22 of 2002, section 9 (w.e.f. 1-7-2002). 2. Inserted by Act 46 of 1999, section 18(ii) (w.e.f. 1-7-2002). 3. Substituted by Act 22 of 2002, section 9(ii), for sub-rule (3) (w.e.f. 1-7-2002). 4. Rule 5 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 58(iii) (w.e.f. 1-2-1977). 5. Inserted by Act 104 of 1976, section 58(iv) (w.e.f. 1-2-1977). 6. Inserted by Act 14 of 1976, section 58(v) (w.e.f. 01.02.1977). 7. Substituted by Act 22 of 2002, section 9, for rules 9 and 10 (as they stood immediately before their omission by clause (v) of section 18 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999). 8. Inserted by Act 104 of 1976, section 58(vi) (w.e.f. 01.02.1977). 9. Rule 8A was earlier inserted by Act 104 of 1976, section 58(vii) (w.e.f. 01.02.1977).

Code of Civil Procedure, 1908 Amending Act 1

Title: Code of Civil Procedure (Amendment) Act, 1999

State: Central

Year: 1908

.....of 1999] [30th December, 1999] PREAMBLE An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870. BE IT enacted by Parliament in the Fiftieth Year of the Republic of India as follows: -- __________________________ 1.The Amendment Act, 1999 notified vide a Notification No. S.O. 603(E) Dated 6th June, 2002 where by Central Govt. appoints the 1st day of July, 2002 as effective date CHAPTER I : PRELIMINARY 1. Short title and commencement. - (1) This Act may be called the Code of Civil Procedure (Amendment) Act, 1999. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States or for different parts thereof. CHAPTER II : AMENDMENT OF SECTIONS 2. Amendment of section 26. - In the Code of Civil Procedure, 1908 (5 of 1908) (hereinafter referred to as the principal Act), existing section 26 shall be renumbered as sub-section (1), and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-- "(2) In every.....

Registration Act, 1908 Amending Act 1

Title: Registration and Other Related Laws (Amendment) Act, 2001

State: Central

Year: 1908

.....1908 2. Insertion of new section 16A - In the Registration Act, 1908 (16 of 1908) (hereafter in this Chapter referred to as the Registration Act), after section 16, the following section shall be inserted, namely: -- "16A. Keeping of books in computer floppies, diskettes, etc. -- (1) Notwithstanding anything contained in section 16, the books provided under sub-section (1) of that section may also be kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the Inspector-General with the sanction of the State Government. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand and seal shall be deemed to be a copy given under section 57 for the purposes of sob-section (5) of that section." 3. Amendment of section 17 - In section 17 of the Registration Act, -- (a) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) The documents containing contracts to transfer for consideration, any immovable.....

Explosive Substances Act, 1908 Amending Act I

Title: Explosive Substances (Amendment) Act, 2001

State: Central

Year: 1908

.....appoint, 2. Substitution of new sections for sections 2 to 5 In the Explosive Substances Act 6 of 1908(hereinafter referred to as the principal Act), for sections 2 to 5, the following sections shall be substituted, namely: '2. Definitions: In this Act,-- (a) the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement; (b)the expression "special category explosive substance" shall be deemed to include research development explosive (RDX), penta erythritol tetra nitrate (PETN), high melting explosive (HMX), tri nitro toluene (TNT), low tempera­ture plastic explosive (LTPE), composition exploding (CE) (2, 4, 6 phenyl methyl nitramine or tetryl), OCTOL (mixlure of high melting explosive and tri nitro toluene), plastic explosive kirkee-1 (PEK-1) and RDX/TNT compounds and other similar type of explosives and a combination thereof and remote control devices causing explosion and any.....

Code of Civil Procedure, 1908 Appendix A

Title: Pleadings

State: Central

Year: 1908

.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).

Code of Civil Procedure, 1908 Section 153

Title: Generalpower to Amend

State: Central

Year: 1908

The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.

Code of Civil Procedure, 1908 Section 153A

Title: Powerto Amend Decree or Order Where Appeal is Summarily Dismissed

State: Central

Year: 1908

1[ 153A . Power to amend decree or order where appeal is summarily dismissed Where an Appellate Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152 , the decree or order appealed against may be exercised by the Court which had passed the decree or order in the first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, as the case may be, passed by the Court of first instance.] __________________ 1. Inserted by Act 104 of 1976, section 51 (w.e.f. 1-2-1977).