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Start Free TrialEvacuee Interest Separation Act 1951 [Repealed] Section 10
Title: Separation of the Interests of Evacuees from Those of Claimants in Composite Property
State: Central
Year: 1951
.....the shares allotted to the evacuee and the claimant to the Custodian and the claimant respectively; (b) in the case of any claim of a mortgagor or a mortgagee,-- (i) pay to the Custodian or the claimant the amount payable under the mortgage debt and redeem the mortgaged property; or (ii) sell the mortgaged property for satisfaction of the mortgage debt and distribute the sale proceeds thereof; or (iii) partition the property between the mortgagor and the mortgagee having regard to the share to which the mortgagee would be entitled in lieu of his claim; (c) adopt a combination of all or some of the aforesaid measures: Provided that before taking any measure under this section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub-section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt.
View Complete Act List Judgments citing this sectionWaste Lands (Claims) Act, 1863 Section 5
Title: Delivery to Claimant of Copy of Order of Rejection or of Sale
State: Central
Year: 1863
.....to be recorded, shall see fit to grant, give notice in writing to such Collector or other officer as aforesaid, that he intends to contest such order, the order shall be final. Report to Board.- If the claimant or objector shall, within the time allowed, give such notice, the Collector or other officer as aforesaid shall immediately make a report to the [The words " Board of Revenue or other " repealed by Act 4 of 1914, Schedule, Part.I]. superior revenue authority [Ins., ibid.] [to which he is immediately subordinate] and shall forward with such report a copy of his order, stating fully all the circumstances of the case, and the evidence adduced in support, or otherwise, of the claim or objection; Decision of Board.- and such [The words " Board or other " rep., ibid.] authority, on the receipt of such report, and after calling for any further information which it may consider necessary, of may confirm, modify or reverse the order of the Collector or other officer as aforesaid. Certification to Court.- If the [The words " Board or other " rep., ibid.] authority as aforesaid confirm the order of the Collector or other officer as aforesaid, or modify such order in such.....
View Complete Act List Judgments citing this sectionBombay Court of Wards Act, 1905, (Maharashtra) Section 15
Title: Power to Require Claimant to Furnish Full Particulars and Documents
State: Maharashtra
Year: 1905
.....of identification, every original document so produced and verifying the correctness of the copy, retain the copy and return the original to the claimant. (3) Where any document, which is in the possession or under the control of a claimant, is not produced by him in accordance with an order under sub-section (1), the document shall not be admissible in evidence against the Government ward, whether during the continuance of the superintendence or afterwards, in any suit brought by such claimant, or by any person claiming under him, in respect of any claim to which such document relates, unless it is proved to the satisfaction of the Court that he was unable to produce such document as required by such order.
View Complete Act List Judgments citing this sectionLimitation Act, 1963 (36 of 1963) Section 21
Title: Effect of Substituting or Adding New Plaintiff or Defendant
State: Central
Year: 1963
(1) Where after the institution of a suit, a new plaintiff or, defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.
View Complete Act List Judgments citing this sectionWaste Lands (Claims) Act, 1863 Section 10
Title: Plaintiff and Defendant in Suit Under Section 5
State: Central
Year: 1863
In every suit instituted under section 5 of this Act, the claimant of the waste land, or objector to the sale or other disposition of such land, shall appear as plaintiff; and the Collector, or other officer aforesaid, shall appear as defendant on the part of {Subs.by the A.O.1937 for " Govt."}[the State Government]. Appearance.- Either party may appear by pleader or by agent: Proviso.- Provided that if such other officer as aforesaid be the presiding officer of the principal Civil Court of original jurisdiction in the district, the State Government shall appoint some other officer to appear as defendant in the case on its behalf. Plaintiff and defendant in suits under section 6.- In any suit ordered to be instituted {The words " by the L.G." rep.by Act 4 of 1914, Sch., Pt.I.} under section 6 of this Act, {Subs.by the A.O.1937 for " Govt."}[the State Government] by any officer, to be appointed for the purpose, shall appear as plaintiff; and the claimant or objector as aforesaid shall appear as defendant.
View Complete Act List Judgments citing this sectionCentral Provinces Court of Wards Act, 1899 Section 13
Title: Claimants to Furnish Full Particulars and Documents
State: Central
Year: 1899
(1) Every claimant submitting his claim in compliance with the provisions of section 12, sub-section (i), shall furnish, along with his written statement of claim, full particulars thereof, and shall, at the same time, produce all documents (including entries in books of account) on which he relies to support his claim, together with a true copy of every such document. (2) The Court of Wards shall, after marking, for the purpose of identification, every original document so produced and verifying the correctness of the copy, retain the copy and return the original to the claimant. (3) If any document, which is in the possession or under the control of the claimant, is not produced by him as required by sub-section (i), the document shall not be admissible in evidence against the Government ward, whether during the continuance of the management or afterwards, in any suit brought by the claimant or by any person claiming under him.
View Complete Act List Judgments citing this sectionEvacuee Interest Separation Act 1951 [Repealed] Section 12
Title: Rights of Claimants Inter Se and by Other Persons Against Claimants Not to Be Affected
State: Central
Year: 1951
Nothing in this Chapter shall prejudice any rights in respect of the property transferred or delivered, or payment made, to a claimant under the provisions of this Act which any other claimant or other person may be entitled by due process of law to enforce against the claimant to whom the property is delivered or transferred or the payment is made.
View Complete Act List Judgments citing this sectionAdministrators-general Act, 1963 Section 52
Title: Mode of Proceeding by Claimant to Recover Principal Money So Transferred
State: Central
Year: 1963
(1) If any claim is hereafter made to any part of the assets transferred to the account and credit of the Government under the provisions of this Act, or any Act hereby repealed, and if such claim is established to the satisfaction of the prescribed authority, the State Government shall pay to the claimant the amount of the principal so transferred to its account and credit or so much thereof as has been found by the said authority to be due to the claimant. (2) If the claim is not established to the satisfaction of the prescribed authority, the claimant may, without prejudice to his right to take any other proceedings for the recovery of such assets, apply by petition to the High Court against the State Government and such Court, after taking such evidence as it thinks fit, shall make such order in regard to the payment of the whole or any part of the said principal sum as it thinks fit, and such order shall be binding on all parties to the proceedings. (3) The High Court may further direct by whom the whole or any part of the costs of each party shall be paid.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 22
Title: Costs when Plaintiff Sues in High Court in Other Cases Cognizable by Small Cause Court
State: Central
Year: 1882
If any suit cognizable by the Small Cause Court, other than a suit to which section 21 applies, is instituted in the High Court, and if in such suit the plaintiff obtains, in the case of a suit founded on contract, a decree for any matter of an amount or value less than {Substituted by section 11, ibid., for "two thousand"} [one thousand] rupees, and in the case of any other suit a decree for any matter of an amount or value of less than three hundred rupees, no cost shall be allowed to the plaintiff; and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs {In the application of the Act to Madras, these words have been substituted by certain other words: see Mad.Act 1 of 1945, section 3} [as between attorney and client]. The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it was one fit to be brought in the High Court.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 26
Title: Compensation Payable by Plaintiff to Defendant in Certain Cases
State: Central
Year: 1882
.....not obtain a decree for the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff to pay to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit. When any claim preferred, or objection made, under section 278 of the Code of Civil Procedure (14 of 1882){See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Schedule I, Order XXI, rule 58} is disallowed, the Small Cause Court may in its discretion order the person preferring or making such claim or objection to pay to the decree-holder, or to the judgment-debtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks fit. And when any claim or objection is allowed the Court may award such compensation by way of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing such compensation shall bar any suit in respect of injury caused by the attachment.Any order under this section may, in default of payment of the amount payable thereunder, be enforced by the person in whose favour it is made against the person against whom it is made as if it were a decree of the Court.
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