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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 20
Title: Judgement and Decree
State: Central
Year: 1908
.....the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6B. Copies of judgments when to be made available Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.] 7. Date of decree The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 8. Procedure where Judge has vacated officer before signing decree Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to.....
View Complete Act List Judgments citing this sectionCode 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.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 35 to 37
Title: Decree in Appeal
State: Central
Year: 1908
.....to the Appellate Court and at their expense. 37. Certified copy of decree to be sent to Court whose decree appealed from A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. _______________________ 1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16(3).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 7
Title: Reference
State: Central
Year: 1908
.....the opinion of the subordinate Court with respect to the nature of the suit to be erroneous. (2) On receiving the record and statement the High Court may make such order in the case as it thinks fit. (3) With respect to any proceedings subsequent to decree in any case submitted to the High Court under this rule, the High Court may make such order as in the circumstance appears to it to be just and proper. (4) A Court subordinate to a District Court shall comply with any requisition which the District Court may make for any record or information for the purposes of this rule. ______________________ 1. Inserted by Act 24 of 1951, section 2 (w.e.f. 1-5-1951).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix D
Title: Decrees
State: Central
Year: 1908
.....to the institution of the suit. Or 2. That an inquiry be made as the account of mesne profits which have accrued dueprior to the institution of the suit. 3. That an inquiry be made as tothe amount of mesne profitsfrom the institution of the suit until [the delivery of possession to thedecree-holder] [the relinquishment of possession by the judgment-debtor withnotice to the decree-holder through the Court] [the expiration of three yearsfrom the date of the decree]. ___________________ 1. Substituted by Act 21 if 1929,section 8 and Schedule, for Forms 3 to 11. 2.Words not required to be deleted. 3.Here insert name of proper officer. Total Total Total Total
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix E
Title: Execution
State: Central
Year: 1908
.....order be sent to ..... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the .................. day of ................... 19......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Chapter III
Title: Port-officials and their Powers and Duties
State: Central
Year: 1908
.....the deficiency be not paid within one month of such demand the conservator may recover the deficiency from such owner in the manner laid down in Sub-section (2) of Section 57 for recovery of expenses and damages or in any other manner according a the deficiency does not or does exceed one thousand rupees.] __________________________ 1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). (55 of 1952). 2. Substituted for "under Sub-section (1)" by Act (23 of 1992), Section 3 (12-8-1992). 3. Substituted for the words "six months" by the Indian Ports (Amendment) Act 1952 (55 of 1952). Section 2 (9-8-1952). Words "two months" as substituted have now been substituted by words "thirty days" by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). Section 15 - Power to board vessels and enter buildings (1) The Conservation or any of his assistants may, whenever he suspects that any offence against this Act has been or is about to be, committed, or whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act, and the person appointed under this Act to.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 13
Title: Fouling of Government Moorings
State: Central
Year: 1908
(1) If any vessel hooks or gets foul of any of the buoys or moorings laid down by or by the authority of the 1 [Government] in any such port, the master of such vessel shall not, nor shall any other person, except in case of emergency, lift the buoy or mooring for the purpose of unhooking or getting clear from the same without the assistance of the conservator: and the conservator, immediately on receiving notice of such accident, shall assist and superintend the clearing of such vessel; and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred in clearing the same. (2) Any master or other person offending against the provisions of this section shall, for every such offence, be punishable with fine which may extend to one hundred rupees. __________________________ 1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937).
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.....
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