Bare Act Search Results

Ports Act, 1908 Complete Act

State: Central

Year: 1908

.....been preserved. The only clause which in any way alters the law at at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by S.228 of the Merchant Shipping Act, 1854 to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict.. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment. The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation. The schedule has been amended accordingly........"- Gaz. of Ind.. 1908, Part V. page 309.An Act to condolidate the enactments.....

The Madras Estates Land Act, 1908 Complete Act

State: Kerala

Year: 1908

THE MADRAS ESTATES LAND ACT, 1908 THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Chapter I - PRELIMINARY THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Section 1 - Short title, Commencement, Local extent This Act may be called the Madras Estates Land Act, 1908: It shall come into force on the first day of July 1908: and it shall extend to the whole of the Presidency of Madras except the Presidency Town, the district of Malabar and the portion of the Nilgiri district known as the South East Wynaad. Section 2 - Repeal Madras Acts VIII of 1865 and II of 1871 and section 7 of Madras Act.....

Indian Ports Act, 1908 Chapter V

Title: Port-dues, Fees and Other Charges

State: Central

Year: 1908

.....the 1 [Government] prescribes, the receipts and expenditure of the port, and shall publish annually as soon after the first day of April as may be practicable an abstract, in such form as 2 [the Government] prescribes, of the account for the past financial year; 3 [Provided that the port fund account for any port may, if so authorized under the provisions of any Act relating to such port, be merged with the general account of that port, and in such a case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and (5) shall have effect as if for the words "the port fund account of the port" therein, the words "the general account of the port" had been substituted.] 4 [* * * * *] (4) All money received under this Act at or on account of any port subject to this Act, excluding receipts on account of pilotage but including-- 5 [(a) fines other than those creditable to the pilotage account of the port under sub-section (5a)], (b) proceeds of waifs, and (c) any balance of the proceeds of a sale under section 14 where no right to the balance has been established on a claim made within three years from the date of the sale, shall be.....

Indian Ports Act, 1908 Section 44

Title: Port-charges Payable in One Port Recoverable at Any Other Port

State: Central

Year: 1908

.....the requisition is directed shall proceed to levy such sum in the manner prescribed in section 42, and a certificate purporting to be made by the authority appointed to receive port-dues, fees and other charges at the port where such sum as is mentioned in the last foregoing section became payable, stating the amount payable, shall be sufficient prima facie proof of such amount in any proceeding under section 42 and also (in case the amount payable is disputed) in any subsequent proceeding under section 59. ___________________________ 1. Substituted for the words "the States" by the Part B States (Laws) Act, 1951 (3 of 1951), Section 3 and Schedule (1-4-1951).

Indian Ports Act, 1908 Section 34

Title: Variation of Port-dues by Government

State: Central

Year: 1908

.....(a) in case of ports other than major ports, the authority appointed under section 36; (b) in case of major ports, the Authority constituted under section 47A of the Major Port Trusts Act, 1963, 38 of 1963. exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this Act from payment of port-dues and cancel the exemption, or may vary the rates at which port-dues are to be fixed in the port, in such manner as, having regard to the receipts and charges on account of the port it thinks expedient, by reducing or raising the dues, or any of them or may extend the period for which any vessel or class of vessels entering a port shall be exempt from liability to pay port-dues: Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act.".] ___________________________ 1. Substituted by the Port Laws (Amdt) Act, 1997. Prior to substitution it reads as under "34. Variation of port-dues by Government - The Government may, after consulting the authority appointed under section 36], exempt, [subject to such conditions, if any, as it thinks fit to impose, any.....

Indian Ports Act, 1908 Section 42

Title: Distraint and Sale on Refusal to Pay Port-charges

State: Central

Year: 1908

.....port-dues, fees or other charges, may sell the vessel or other thing only with the prior permission of such court or other authority and satisfy the port-dues, fees or other charges and the costs including costs of sale remaining unpaid, and disburse the surplus,if any, in accordance with the orders or directions of such court or other authority: Provided further that the person to whom the vessel or other thing is sold under this section, shall be deemed to be the owner thereof and registered as such under the Merchant Shipping Act. 1958.] ___________________________ 1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 7 (12-8-1992).

Code of Civil Procedure, 1908 Appendix F

Title: Supplemental Proceedings

State: Central

Year: 1908

.....for his personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that may be passed against him in the suit. given under my hand and the seal of the Court, this .................... day of .................... 19.../20.... . Judge No. 2 security for appearance of a defendant arrested before judgment (O. XXXVIII, r. 2) (Title) whereas at the instance of ..............., the plaintiff in the above suit, . .................... the defendant, has been arrested and brought before the Court; And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the; Court has ordered, him to furnish such security: Therefore I, .................... have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court that the said defendant shall appear at any time when called upon, while, the suit is pending and until satisfaction, of any decree that may be passed against him in the said suit ; and in default of such appearance I bind Myself; my heirs and executors, to pay to the said.....

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 16

Title: Suits by or Against Minors and Persons of Unsound Mind

State: Central

Year: 1908

..... 3. Guardian for the suit to be appointed by Court for minor defendant (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. (4) No order shall be made on any application under this rule except upon notice 2[***] to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, 3[upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian] of the minor, or, where there is 1b[no father, mother or other natural guardian], to the person in whose care the minor is, and after, hearing any objection which may be urged on behalf of any person.....

Code of Civil Procedure, 1908 Rule 1 to 3

Title: Suits by or Against Military or Naval Men or Airmen

State: Central

Year: 1908

.....1 [, sailor] or airman]. 3. Service on person so authorized, or on his pleader, to be good service Processes served upon any person authorized by an officer 6[soldier 1[,sailor] or airman] under rule 6 or upon any pleader appointed as aforesaid by such person shall be as effectual as if they had been served on the party in person. ____________________________ 1. Inserted by Act 35 of 1934, section 2 and Schedule. 2. Inserted by Act 10 of 1927, section 2 and Schedule I. 3. The words "soldier or airman" were Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier" and "or a soldier" and the word "sailor" was Inserted by Act 35 of 1934, section 2 and Schedule. 4. Substituted by the A.O. 1937, for "serving the Government". 5. Substituted by Act 35 of 1934, section 2 and Schedule, for " military or air force". 6. Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier".