Bare Act Search Results

Code of Civil Procedure, 1908 Section 126

Title: Rules to Be Subject to Approval

State: Central

Year: 1908

1[126. Rules to be subject to approval Rules made under the foregoing provisions shall be subject to the previous approval of the Government of the State in which the Court whose procedure the rules regulate is situate or, if that Court is not situate in any State, to the previous approval of2[Central Government].] ___________________ 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General".

Indian Ports Act, 1908 Section 6

Title: Power to Make Port-rules

State: Central

Year: 1908

.....shall be construed to affect the validity of any rule in force immediately before the commencement of the Indian Ports Act, 1889, and continued by Section 2, Sub-section (2), of that Act. 12 [(2A) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. (2B) Every rule made by the Central Government under this Act shall be laid as House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both the House agree any modification in the order or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] (3) If any person disobeys any rule made under Clause (p) of Sub-section (1), he shall be punishable for every such offence with fine which may extend to one.....

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 The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict..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.....

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 Part X

Title: Rules

State: Central

Year: 1908

..... 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General". Section 127 - Publication of rules Rules so made and1[approved] shall be published in the2[Official Gazette], and shall from the dale of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. ___________________ 1. Substituted by Act 24 of 1917, section 2 and Schedule 1, for "sanctioned". 2. Substituted by the A.O. 1937, for "Gazette of India or in the local official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant. Section 128 - Matters for which rules may provide (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),.....

Code of Civil Procedure, 1908 Rule 9 to 30

Title: Service of Summons

State: Central

Year: 1908

.....for "all documents" (w.e.f. 01.07.2002.) 2. Substituted by Act 104 of 1976, section. 55(ii), for rule 15 (w.e.f. 1-2-1977). 3. Inserted by Act of 1976, Section. 55(iii) (w.e.f. 01.02.1977). 3i. Section 19A was earlier inserted by Act 104 of 1976, Section. 55(iv) (w.e.f. 01.02.1977). 4. Rule 20A was earlier inserted by Act 66 of 1956, section 14 (w.e.f. 01.01.1957). 5 . Substituted by Act 46 of 1999, section. 15(vii), for "or by post" (w.e.f. 01-07-2002). 6 . Substituted by the A.O. 1937, for "Bombay and Rangoon''. 7. Substituted by Act 46 of 1999, Section. 15(viii), for "by post or otherwise" (w.e.f. 01-07-2002). 8 . Substituted by Act 2 of 1951, section 3, for "the States". 9 . Substituted by Act 46 of 1999, section 15(ix), for "by Post" (w.e.f. 01-07-2002). 10. Inserted by Act 19 of 1951, Section. 2. 11. Substituted by Act 104 of 1976, Section. 55(vii)(a), for "resides in Pakistan" (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 55(vii)(b), for "in Pakistan (not belonging to the Pakistan military, naval or air forces)" (w.e.f. 01.02.1977). 13. Substituted by Act 104 of 1976, Section. 55, for rule 26 (w.e.f. 1-2-1977). 14......

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 Complete Act

State: Central

Year: 1908

.....after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:- (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 12[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of.....

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 18

Title: Suits by Indigent Persons

State: Central

Year: 1908

.....Inserted by act 104 of 1976, section 81(xiii) (w.e.f. 1-2-1977). 5. The provisions of this rule so far as it relates to the making of the memorandum are not applicable to the Chief Court of Oudh, see Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16 (2). 6. Substituted by Act 104 of 1976, section 81 for "a memorandum of the substance of their evidence" (w.e.f. 1-2-1977). 7. Substituted by Act 104 of 1976, section 81(vii)(c), for "as herein provided" (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 81(viii), for "(other than fees payable for service of process)" (w.e.f. 1-2-1977). 9. Substituted by the A.O. 1950, for "Provincial Government" which had been Substituted by the A.O. 1937, for "Government". 10. Inserted by Act 24 of 1942, section 2. 11. Substituted by Act 24 of 1942, section 2 for "or rule 11". 12. Substituted by Act 24 of 1942, section 2, for rule 14. 13. Substituted by Act 104 of 1976, section 81(xi), for Provided that he first pays" (w.e.f. 1-2-1977). 14. The words "sub-rule (2) of" Omitted by Act 19 of 1988, section 3 Second Schedule.