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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 3
Title: Suits by or Against Trustees, Executors and Administrators
State: Central
Year: 1908
1 . Representation of beneficiaries in suits concerning property vested in trustees, etc. In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit. B ut the Court may, if it thinks fit, order them or any of them to be made parties. 2 . Joinder of trustees, executors and administrators Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them: Provided that the executors who have not proved their testator's will, and trustees, executors and administrators outside1[India], need not be made parties. 3 . Husband of married executrix not to join Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her. ______________________ 1. Substituted by Act 2 of 1951, section 3, for "the States".
View Complete Act List Judgments citing this sectionCode 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.....
List Judgments citing this sectionRegistration 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.....
List Judgments citing this sectionCode of Civil Procedure, 1908 Part V
Title: Special Proceedings
State: Central
Year: 1908
.....under the provisions of that Act; (b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat; (c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act; (d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.] _________________ 1. Section 89 rep. by Act 10 of 1940, sec. 49 and Sch. II and again inserted by Act, 46 of 1999, sec. 7 (w.e.f. 1-7-2002). Section 90 - Power to state case for opinion of Court Special case Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed. Section 91 to 93.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 92
Title: Public Charities
State: Central
Year: 1908
.....harmful to the community, or (iii) ceased to be, in law, charitable, or (iv) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust.] __________________ 1. Section 92 shall not apply to any religious trust in Bihar, See Bihar Act 1 of 1951. 2. Substituted by Act 104 of 1976, section 31(I) for "consent in writing of the Advocate-General" (w.e.f. 1-2-1977). 3. Inserted by Act 66 of 1956, section 9 (w.e.f. 1-1-1957). 4. Inserted by Act 2 of 1951, section 13 (w.e.f. 1-4-1951). 5. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "a Part B State". 6. Inserted by Act 104 of 1976, section 31(ii) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode 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).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 6 to 10
Title: Interlocutory Orders
State: Central
Year: 1908
.....authorized to enter under this rule. 8. Application for such orders to be after notice (1) An application by the plaintiff for an order under rule 6 or rule 7 may be made 1 [***] at any time after institution of the suit. (2) An application by the defendant for a like order may be made 1 [***] at any time after appearance. 2 [(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.] 9. When party may be put in immediate possession of land the subject-matter of suit Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in possession of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the.....
View Complete Act List Judgments citing this sectionNewspapers (Incitement to Offences) Act, 1908 Complete Act
State: Central
Year: 1908
.....may by warrant empower any Police-officer not below the rank of Sub-Inspector to seize and detain any property ordered to be attached under section 3-, sub-section (3), or to seize and carry away any property ordered to be attached under section 3-, sub-section (3), or to seize and carry away any property ordered to be forfeited under section 3-, sub-section (5), wherever found and to enter upon and search for such property in any premises- (a) where the newspaper specified in such warrant is printed or published, or (b) where any such property may be or may be reasonably suspected to be, or (c) where any copy of such newspaper is kept for sale, distribution, publication or public exhibition or reasonably suspected to be so kept. (2) Every warrant issued under sub-section (1) so far as it relates to a search shall be executed in manner provided for the execution of search warrants by the Code of Criminal Procedure, 1898 (5 of 1898)-. SECTION 05: APPEAL -Any person concerned who has appeared and shown cause against a conditional order of forfeiture may appeal to the High Court within fifteen days from the date when such order is made absolute. SECTION 06: BAR OF OTHER.....
List Judgments citing this sectionExplosive Substances Act, 1908 Complete Act
State: Central
Year: 1908
.....arms. is also inadequate in respect of both of the penalties it allows and the scope of its provisions for dealing promptly with preparations to manufacture bombs and other explosives. The Penal Code provides for the punishment of persons who cause hurt or mischief by means of explosive substances and it also deals with attempts to cause hurt or mischief but only when any act towards the commission of the offence is actually done. But it does not provide any penalty for making or possessing explosive substances with unlawful intent and it does not in other cases always provide such severe penalties as are requisite. The Governor-General in Council, therefore, considers it necessary to supplement the existing law by an Act on the lines of the English Explosive Substances Act, 1883, which was enacted for the expressed purpose of dealing with anarchist crimes. The Bill which has been drafted to give effect to this decision provides for a punishment of any person who causes an explosion likely to endanger life or property, or who attempts to cause such an explosion, or makes or has in his possession any explosive substance with intent to endanger life or property. It further makes.....
List Judgments citing this sectionCode of Civil Procedure, 1908 Complete Act
Title: Code of Civil Procedure, 1908
State: Central
Year: 1908
.....3 Order 49 - Chartered high courts Order 49 Rule 1 to 3 Order 50 - Provincial small cause courts Order 50 Rule 1 Order 51 - Presidency small cause courts Order 51 Rule 1 Appendix A - PLEADINGS Appendix B - PROCESS Appendix C - DISCOVERY, INSPECTION AND ADMISSION Appendix D - DECREES Appendix E - EXECUTION Appendix F - SUPPLEMENTAL PROCEEDINGS Appendix H - MISCELLANEOUS Appendix G - APPEAL, REFERENCE AND REVIEW Schedule 2 - THE SECOND SCHEDULE (Repealed) Schedule 3 - THE THIRD SCHEDULE (Repealed) Schedule 4 - THE FOURTH SCHEDULE (Repealed) Schedule 5 - THE FIFTH SCHEDULE (Repealed) Amending Act 1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999 Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002
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