Bare Act Search Results

Code of Civil Procedure, 1908 Section 148A

Title: Right to Lodge a Caveat

State: Central

Year: 1908

.....of the application on the caveator. (4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator's expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application. (5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.] _________________ 1. Inserted by Act 104 of 1976, section 50 (w.e.f. 1-2-1977).

Indian Succession Act, 1925 Section 284

Title: Caveats Against Grant of Probate or Administration

State: Central

Year: 1925

(1) Caveats against the grant of probate or administration may be lodged with a District Judge or a District Delegate. (2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. (3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to, the District Delegate, if any, within whose jurisdiction it is alleged the deceased had fixed place of abode at the time of his death, and to any other Judge or District Delegate to whom it may appear to the District Judge expedient to transmit the same. (4) Form of caveat.The caveat shall be made as nearly as circumstances admit in the form set forth in Schedule V.

Indian Succession Act, 1925 Section 285

Title: After Entry of Caveat, No Proceeding Taken on Petition Until After Notice to Caveator

State: Central

Year: 1925

No proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant thereof has been entered with the Judge or District Delegate to whom the application has been made or notice has been given of its entry with some other Delegate, until after such notice to the person by whom the same has been entered as the Court may think reasonable.

Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012, (Central) Section 7

Title: Insertion of New Section 18c

State: Central

Year: 2012

..... "18C. Right to lodge a caveat.-- (1) Where an application or an appeal is expected to be made or has been made under sub-section (1) of section 17 or section 17A or sub-section (1) of section 18 or section 18B, the secured creditor or any person claiming a right to appear before the Tribunal or the Court of District Judge or the Appellate Tribunal or the High Court, as the case may be, on the hearing of such application or appeal, may lodge a caveat in respect thereof. (2) Where a caveat has been lodged under sub-section (1),-- (a) the secured creditor by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1); (b) any person by whom the caveat has been lodged (hereafter in this section referred to as the caveator) shall serve notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be made under sub-section (1). (3) Where after a caveat has been lodged under sub-section (1), any application.....

Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012 Complete Act

State: Central

Year: 2012

.....or satisfaction thereof, the order shall not prejudice any rights acquired in respect of the property concerned or financial asset before the transaction is actually registered.". 10. Substitution of new Section for Section 30." For Section 30 of the principal Act, the following Section shall be substituted, namely" "30. Cognizance of offences."( 1 ) No court shall take cognizance of any offence punishable under Section 27 in relation to non-compliance with the provisions of Section 23, Section 24 or Section 25 or under Section 28 or Section 29 or any other provisions of the Act, except upon a complaint in writing made by an officer of the Central Registry or an officer of the Reserve Bank, generally or specially authorised in writing in this behalf by the Central Registrar or, as the case may be, the Reserve Bank. ( 2 ) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.". 11. Insertion of new Section 31-A." After Section 31.....

Code of Civil Procedure, 1908 Part XI

Title: Miscellaneous

State: Central

Year: 1908

.....from his dictation in open Court. ___________________ 1. For section 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act, 1941 (Assam Act 2 of 1941), section 2. 2. Substituted by Act 4 of 1914, section 2 and Schedule, Pt. I, for "L.G.". Section 139 - Oath on affidavit by whom to be administered In the case of any affidavit under this Code-- (a) any Court or Magistrate, or 1 [(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or] (b) any officer or other person whom a High Court may appoint in this behalf, or (c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent. __________________ 1. Inserted by Act 104 of 1976, section 46 (w.e.f. 1-2-1977). Section 140 - Assessors in causes of salvage, etc. (1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be.....

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.....

Succession Act, 1925 Complete Act

State: Central

Year: 1925

.....under this section or exempted from the operation of any of the provisions of the Indian Succession Act, 1865(10 of 1865), under section 332 of that Act are in this Act referred to as "exempted persons". PART 02 OF DOMICILE SECTION 04: APPLICATION OF PART This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina. SECTION 05: LAW REGULATING SUCCESSION TO DECEASED PERSON'S IMMOVABLE AND MOVABLE PROPERTY, RESPECTIVELY (1) Succession to the immovable property in India of a person deceased shall be regulated by the law of India, wherever such person may have had his domicile at the time of his death. (2) Succession to the movable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. SECTION 06: ONE DOMICILE ONLY AFFECTS SUCCESSION TO MOVABLES A person can have only one domicile for the purpose of the succession to his movable property. SECTION 07: DOMICILE OF ORIGIN OF PERSON OF LEGITIMATE BIRTH The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous.....

Indian Succession Act, 1925 Part 9

Title: Probate, Letters of Administration and Administration of Assets of Deceased

State: Central

Year: 1925

..... (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind. INDIAN SUCCESSION ACT, 1925Chapter 4 - OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION Section 264 - Jurisdiction of District Judge in granting and revoking probates, etc. (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no court in any local area beyond the limits of the towns of Calcutta, Madras and Bombay,1[***] shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. ______________________ 1. The words "and the province of Burma" omitted by the A.O. 1937. Section 264 - Jurisdiction of District Judge in granting and revoking probates, etc. (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases.....

Indian Succession Act, 1925 Chapter 4

Title: Of the Practice in Granting and Revoking Probates and Letters of Administration

State: Central

Year: 1925

.....the A.O. 1948, for "thewhole of British India". 2. The words "of India" omitted by the A.O.1950. 3. Inserted by A.O. 1937. 4. Substituted by Act 3 of 1951,section 3 andSchedule, for "the States". 5. 1st April, 1937. 6. Added by the A. O. 1948. 7. The words "of India" omitted by Act 42of 1953, section 4 and Schedule III. 8. 15th August, 1947. Section 273 - Conclusiveness of probate or letters of administration Probate or letters of administration shall have effect overall the property and estate, moveable or immoveable, of the deceased,throughout the State in which the same is or are granted, and shall beconclusive as to the representative title against all debtors of the deceased,and all persons holding property which belongs to him, and shall afford fullindemnity to all debtors, paying their debts and all persons delivering up suchproperty to the person to whom such probate or letters of administration havebeen granted: Provided that probates and letters of administrationgranted- (a) by a High Court, or (b) by a District Judge, where the deceased at the time ofhis death had a fixed place of abode situate within the jurisdiction of suchJudge, and such.....