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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 12
Title: Appearance of Parties and Consequence of Non-appearance
State: Central
Year: 1908
.....sufficient cause shown, of party ordered to appear in person Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in person, or show sufficient cause to the satisfaction of the Court for failing so to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants, respectively who do not appear. _______________________________ 1. Substituted by Act 22 of 2002, section 10, for rule 2 [as substituted by clause (i) of section 19 of Act 46 of 1999] (w.e.f. 01.07.2002). Earlier rule 2 was amendment by Act 104 of 1976, section 59(i)(a) and (b) (w.e.f. 01.02.1977). 2. Substituted by Act 104 of 1976, section 59(ii), for certain words (w.e.f. 1-2-1977). 3. Substituted by Act 46 of 1999, section 19(ii), for "one months" (w.e.f. 1-2-1977) Earlier the words "one month" were substituted by Act 104 of 1976, section 59(iii) for the words "three month: (w.e.f. 01.02.0977). 4. Substituted by Act 24 of 1920, section 2, for sub-rule (1). 5. Substituted by Act 104 of 1976, section 59(iv), for clause (a) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 6
Title: Processes to Compel Appearance
State: Central
Year: 1973
.....sign a receipt therefor on the back of the other duplicate. Explanation.A servant is not a member of the family within the meaning of this section. Section 65 - Procedure when service cannot be effected as before provided If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper. Section 66 - Service on Government servant (1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section. (2) Such signature shall be.....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Part VII
Title: Of Enforcing the Appearance of Executants and Witnesses
State: Central
Year: 1908
..... 1. Substituted by the A.O. 1950, for "Provincial Government". 2. Vide Act 11 of 1960, section 87; Gujarat A.L.O., I960. 3. Vide Bombay Act 5 of 1929, section 6 (w.e.f. 22-5-1929) read with Bombay Act 35 of 1958, section 2 (w.e.f. 24-4-1958). Section 37 - Officer or Court to issue and cause service of summons The officer or Court, upon receipt of the peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required. Section 38 - Persons exempt from appearance at registration-office (1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or (b) a person in jail under civil or criminal process, or (c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear. (2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a.....
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 35Q
Title: Appearance by Authorised Representative
State: Central
Year: 1944
.....(5) shall be subject to the following conditions, namely:-- ( a) no such order or direction shall be made in respect of any person unless he has been given a reasonable opportunity of being heard; ( b) any person against whom any such order or direction is made may, within one month of the making of the order or direction, appeal to the Board to have the order or direction cancelled; and ( c) no such order or direction shall take effect until the expiration of one month from the making thereof, or, where an appeal has been preferred, until the disposal of the appeal. ________________________ 1. Substituted by Act 22 of 1995, section 70, for "Collector of Central Excise" (w.e.f. 26-5-1995).
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Section 146A
Title: Appearance by Authorised Representative
State: Central
Year: 1962
.....of any person unless he has been given a reasonable opportunity of being heard ; ( b) any person against whom any such order or direction is made may, within one month of the making of the order or direction, appeal to the Board to have the order or direction cancelled ; and ( c) no such order or direction shall take effect until the expiration of one month from the making thereof, or, where an appeal has been preferred, until the disposal of the appeal.] _______________________ 1. Inserted by Act 44 of 1980, section 50 and Fifth Schedule., Pt. 1 (w.e.f. 11-10-1982). 2. See now the Central Excise Act, 1944 (1 of 1944). 3. This Act has been repealed by Act 18 of 1990, section 2 (w.e.f. 6-6-1990). 4. Substituted by Act 22 of 1995, section 50, for "Collector of Customs" (w.e.f. 26-5-1995).
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 33
Title: Appearance for Employee
State: Maharashtra
Year: 1946
.....made in that behalf permit: Provided that a legal practitioner shall not be permitted under clause (c) to appear in any proceeding under this Act except before a Labour Court6[as provided in section 83A] or the Industrial Court: 7[Provided further that8[subject to the provisions of section 33A] no employee shall be entitled to appear through any person in any proceeding under this Act9[(not being a proceeding before a Labour Court or the Industrial Court in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service or suspension of an employee is under consideration)] in which a Representative Union has appeared as the representative of employees.] 10[Provided also that save as aforesaid, any person (other than the Representative Union or legal practitioner) shall not be permitted to appear on behalf of an employee in any proceeding before any Court under this Act, save with the permission of the Court.] _______________________ 1. These words were substituted for the words "Representation of by Bom. 55 of 1949, S. 8(iii). 2. These words were inserted by Bom. 43 of 1948, s. 4(a). 3. This clause was inserted.....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Section 38
Title: Persons Exempt from Appearance at Registration-office
State: Central
Year: 1908
(1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or (b) a person in jail under civil or criminal process, or (c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear. (2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 98
Title: Appearance of Registrar in Legal Proceedings
State: Central
Year: 1999
.....relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised; (b) in any appeal to the Board from an order of the Registrar on an application for registration of a trade mark-- (i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or (ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board. (2) Unless the Appellate Board otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 117E
Title: Appearance of Controller in Legal Proceedings
State: Central
Year: 1970
.....sought includes alteration or rectification of the register or in which any question relating to the practice of the patent office is raised; (b) in any appeal to the Appellate Board from an order of the Controller on an application for grant to a patent (i) which is not opposed, and the application is either refused by the Controller or is accepted by him subject to any amendments, modifications, conditions or limitations, or (ii) which has been opposed and the Controller considers that his appearance is necessary in the public interest,and the Controller shall appear in any case if so directed by the Appellate Board. (2) Unless the Appellate Board otherwise directs, the Controller may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him or of the practice of the patent office in like cases, or of other matters relevant to the issues and within his knowledge as the Controller may deem it necessary, and such statement shall be evidence in the proceeding.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 35
Title: Appearance of Registrar in Legal Proceedings
State: Central
Year: 1999
.....or rectification of the register or in which any question relating to the practice of the Geographical Indications Registry is raised; (b) in any appeal to the Board from an order of the Registrar on an application for registration of a geographical indication or authorised user (i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or (ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board. (2) Unless the Appellate Board otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, given such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Geographical Indications Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.
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