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Indian Soldiers (Litigation) Act, I925 Complete Act

Title: Indian Soldiers (Litigation) Act, I925

State: Central

Year: 1970

.....presented Indian soldier Section7 - Postponement of proceedings Section8 - Court may proceed when no certificate received Section9 - Postponement of proceedings against Indian soldier on leave Section10 - Power to set aside decrees and orders passed against an Indian soldier serving under was or special conditions Section11 - Modification of law of limitation where Indian soldier or his legal representative is a party Section12 - Power of Court to refer questions to prescribed authorities Section13 - Rule-making power Section14 - Power to apply the provisions of the Act to other persons in the service of the Government Section14A - Power to apply the provisions of the Act to members of the forces maintained by any Part B State Section15 - [Repealed] Amending Act1 - INDIAN SOLDIERS (LITIGATION) AMENDMENT ACT, 1970

Indian Soldiers (Litigation) Act, I925 Section 6

Title: Notice to Be Given in Case of Under Presented Indian Soldier

State: Central

Year: 1970

[S.6 was re-numbered as sub-section (1) of that section by Ordinance 64 of 1942,Section3.][(1)] If a Collector has certified under section 5, or if the Court has reason to believe. that an Indian soldier, who is a party to any proceeding pending before it, is unable to appear therein, and if the soldier is not represented by any person duly authorised to appear, plead or act on his behalf, the Court shall suspend the proceeding, and shall give notice thereof in the prescribed manner to the prescribed authority: Provided that the Court may refrain from suspending the proceeding and issuing the notice if (a) the proceeding is a suit, appeal or application instituted or made by the soldier, alone or conjointly with others with the object of enforcing a right of pre-emption, or (b) the interests of the soldier in the proceeding are, in the opinion of the Court, either identical with those of any other party to the proceeding and adequately represented by such other party or merely of a formal nature. [Ins. by Ordinance 64 of 1942,Section3.] [(2) If it appears to the Court before which any proceeding is pending that an Indian soldier though not a party to the proceeding is.....

Indian Soldiers (Litigation) Act, I925 Section 9

Title: Postponement of Proceedings Against Indian Soldier on Leave

State: Central

Year: 1970

When any document purporting to be signed by the Commanding Officer of an Indian soldier who is a party to any proceeding produced by or on behalf of the soldier before the Court in which the proceeding is pending and is to the effect that the soldier (a) is on leave of absence for a period not exceeding two months, and is on the expiration of his leave to proceed on service under special conditions, or (b) is on sick leave for a period not exceeding three months, and is on the expiration of his leave to rejoin his unit with a view to proceeding on service under special conditions, the proceeding in respect of such soldier may, in any case such as is referred to in the proviso to [Subs .by Ordinance 64 of 1942,Section4 for " section 6 ".] [sub-section (1) of section 6] and shall, in any other case, be postponed in the manner provided in section 7.

Indian Soldiers (Litigation) Act, I925 Section 10

Title: Power to Set Aside Decrees and Orders Passed Against an Indian Soldier Serving Under Was or Special Conditions

State: Central

Year: 1970

.....soldier [Subs .by Ordinance 64 of 1942, Section5.] [or, if he is dead, his legal representative] may apply to the Court which passed the decree or order for an order to set aside the same, and, if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the soldier, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly. [Subs., .by Ordinance 64 of 1942, Section5.][(2) The period of limitation for an application under sub-section (1) shall be ninety days from the date of the decree or order, or, where the summons or notice was not duly served on the soldier in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order; and the provisions of section 5 of the Indian Limitation Act, 1908 shall apply to such applications.] (3) When the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the soldier only, it may be set aside as against all or any.....

Indian Soldiers (Litigation) Act, I925 Section 11

Title: Modification of Law of Limitation Where Indian Soldier or His Legal Representative is a Party

State: Central

Year: 1970

.....conditions, and, if the soldier has died while so serving, the period from the date of his death to the date on which official intimation thereof was sent to his next-of-kin by the authorities in India, shall be excluded: Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emption [Added by Ordinance 14 of 1944,Section2.][[Subs. by Act 18 of 1946,Section2 for "except in such areas, and subject to such modifications, if any".] [except where the said right accrues in such circumstances, and is in respect of agricultural land and village immovable property situated in any such area] as the Central Government may, by notification [For such notification see Gazette of India, 1946, Pt I, p.1305.] in the Official Gazette, specify in this behalf]. [Subs .by Ordinance 64 of 1942,Section7.]

Indian Soldiers (Litigation) Act, I925 Amending Act 1

Title: Indian Soldiers (Litigation) Amendment Act, 1970

State: Central

Year: 1970

.....Act, 1970. 2.Amendment of section 2.- In the Indian Soldiers (Litigation) Act, 1925 (4 of 1925) (hereinafter referred to as the principal Act), in section 2,- (i) for clause (a), the following clause shall be substituted, namely:- (a) "Court" means a Court other than a Criminal Court and includes any such tribunal or other authority as may be specified by the Central Government by notification in the Official Gazette being a tribunal or authority which is empowered by law to receive evidence on any matter pending before it and on the basis of such evidence to determine, after hearing the parties before it, the rights and obligations of the parties in relation to such matter;'; (ii) in clause (b), the words and figures ", or the Navy Act, 1957" (62 of 1957) shall be added at the end; (iii) after clause (d), the following clause shall be inserted, namely:- "(e) any reference to a decree or order of a Court shall be deemed to include a reference to a judgment, determination or award of a Court.". 3.Amendment of section 3.- In section 3 of the principal Act, in clause (a), the words "or at any such place within India as may be specified by the Central.....

Indian Soldiers (Litigation) Act, I925 Preamble 1

Title: Indian Soldiers (Litigation) Act, I925

State: Central

Year: 1970

THE INDIAN SOLDIERS (LITIGATION) ACT, I925 [Act, No. 4 of 1925] [AS ON 1955] [26th February, 1925] PREAMBLE An Act to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of Indian soldiers serving under special conditions. WHEREAS it is expedient to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of Indian soldiers serving under special conditions; It is hereby enacted as follows:

Indian Soldiers (Litigation) Act, I925 Section 3

Title: Circumstances in Which an Indian Soldier Shall Be Deemed to Be Serving Under Special Conditions

State: Central

Year: 1970

.....or when he is or has been at any other time serving under conditions service under which has been declared by the Central Government by notification in the Official Gazette to be service under war conditions; and [Subs. by the A.O.1937 for the original clause.][(c) overseas-when he is or has been serving in any place outside India (other than Ceylon) the journey between which and India is ordinarily undertaken wholly or in part by sea.] [Ins. by Ord.64 of 1942,Section2.] [Explanation.-For the purposes of this section and with effect from the 3rd day of September, 1939, a soldier who is or has been a prisoner of war shall be deemed to be or to have been serving under war conditions.] ________________________ 1. Inserted by the Indian Soldiers (Amendment) Act, 1970, w.e.f. 29-05-1970.

Indian Soldiers (Litigation) Act, I925 Section 5

Title: Power of Collector to Intervene in Case of Under Presented Indian Soldier

State: Central

Year: 1970

If any Collector has reason to believe that any Indian soldier, who ordinarily resides or has property in his district and who is a party to any proceeding pending before any Court, is unable to appear therein, the Collector may certify the facts in the prescribed manner to the Court.

Soldiers (Litigation) Act, 1925 Complete Act

State: Central

Year: 1925

.....Indian soldiers serving under war conditions. The Ordinance was replaced in the first instance by an Act passed in 1915, and the provisions of that Act were re-enacted, with certain amendments, in the Indian Soldiers (Litigation) Act, 1918. The Act applies to Indian soldiers serving under war conditions and provides inter alia for the postponement in certain circumstances of civil and revenue proceedings in which an unrepresented Indian soldier is a party and for the deduction from periods of limitation in suits, appeals or applications by Indian soldiers of the periods during which they have been serving under war conditions. The Act applies to service under war conditions during the war and for six months thereafter, and to other service which is declared by the Governor-General in Council to be service under war conditions. It was suggested that the protection required in these matters by Indian soldiers serving under war conditions was also required by Indian soldiers serving on garrison duty overseas and in certain areas in India. Local Governments and Administrations were accordingly consulted in regard to the working of the existing Act. They unanimously accept the.....