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Code of Civil Procedure, 1908 Section 77

Title: Letter of Request

State: Central

Year: 1908

In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within1[India]. ________________ 1. Substituted by Act 2 of 1951, section 3, for "the States".

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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.....

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Code of Civil Procedure, 1908 Rule 1 to 8

Title: Issue of Summons

State: Central

Year: 1908

.....documents relied on by him The summons to appeal and answer shall order the defendant to produce 4 [all documents or copies thereof specified in rule 1A of Order VIII] in his possession or power upon which he intends to rely in support of his case. 8. On issue of summons for final disposal, defendant to be directed to produce his witnesses Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to rely in support of his case. ______________________ < such to sent or delivered be may letter the service, accept empowered agent an has defendant where and, fit; thinks Court which manner other any in Court, by selected messenger special a post substituted so A 3)> 1. Substituted by act 22 of 2002, section. 6(i), for sub-rule (1) (w.e.f. 01.07.2002) [as substituted by clause (i) of section 15 of Act 46 of 1999]. Earlier sub-rule (1) was amended by Act 104 of 1976, section 55(i) (w.e.f. 01.02.1977). 2. Substituted by Act 46 of 1999, section.15(ii), for rule 2 (w.e.f. 1-7-2002). 3. Substituted by Act 46 of 1999, section. 15(iii), for.....

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Registration Act, 1908 Part V

Title: Of the Place of Registration

State: Central

Year: 1908

.....relating to land.--Save as in this part otherwise provided every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 insofar as such documents affect immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of the Sub-Registrar within whose sub-district or district the whole of the property to which such document relates is situated in the State of Bihar." 5 Gujarat: Amendment is the same as that of Maharashtra. 6 [7 [Maharashtra: (i) In section 28 for the letters, brackets and word "(b) and (c)" substitute the brackets, letters and word "(b), (c), (cc) and (ee)". (ii) For brackets, letters, word and figure "(ee) and (eee)", brackets, letters and words "and (ee)" shall be substituted. 8 Pondicherry: Section 28 shall be substituted as under: "28. Place for registering documents relating to land.--Save as in this Part otherwise provided,-- (a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17, in so far as such document affects immovable property and in clauses (a), (b), (c) and.....

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Registration Act, 1908 Section 28

Title: Place for Registering Documents Relating to Land

State: Central

Year: 1908

.....relating to land.--Save as in this part otherwise provided every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 insofar as such documents affect immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of the Sub-Registrar within whose sub-district or district the whole of the property to which such document relates is situated in the State of Bihar." 5 Gujarat: Amendment is the same as that of Maharashtra. 6 [7 [Maharashtra: (i) In section 28 for the letters, brackets and word "(b) and (c)" substitute the brackets, letters and word "(b), (c), (cc) and (ee)". (ii) For brackets, letters, word and figure "(ee) and (eee)", brackets, letters and words "and (ee)" shall be substituted. 8 Pondicherry: Section 28 shall be substituted as under: "28. Place for registering documents relating to land.--Save as in this Part otherwise provided,-- (a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17, in so far as such document affects immovable property and in clauses (a), (b), (c) and.....

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Code of Civil Procedure, 1908 Rule 9 to 30

Title: Service of Summons

State: Central

Year: 1908

.....for "all documents" (w.e.f. 01.07.2002.) 2. Substituted by Act 104 of 1976, section. 55(ii), for rule 15 (w.e.f. 1-2-1977). 3. Inserted by Act of 1976, Section. 55(iii) (w.e.f. 01.02.1977). 3i. Section 19A was earlier inserted by Act 104 of 1976, Section. 55(iv) (w.e.f. 01.02.1977). 4. Rule 20A was earlier inserted by Act 66 of 1956, section 14 (w.e.f. 01.01.1957). 5 . Substituted by Act 46 of 1999, section. 15(vii), for "or by post" (w.e.f. 01-07-2002). 6 . Substituted by the A.O. 1937, for "Bombay and Rangoon''. 7. Substituted by Act 46 of 1999, Section. 15(viii), for "by post or otherwise" (w.e.f. 01-07-2002). 8 . Substituted by Act 2 of 1951, section 3, for "the States". 9 . Substituted by Act 46 of 1999, section 15(ix), for "by Post" (w.e.f. 01-07-2002). 10. Inserted by Act 19 of 1951, Section. 2. 11. Substituted by Act 104 of 1976, Section. 55(vii)(a), for "resides in Pakistan" (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 55(vii)(b), for "in Pakistan (not belonging to the Pakistan military, naval or air forces)" (w.e.f. 01.02.1977). 13. Substituted by Act 104 of 1976, Section. 55, for rule 26 (w.e.f. 1-2-1977). 14......

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Code of Civil Procedure, 1908 Part X

Title: Rules

State: Central

Year: 1908

..... 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General". Section 127 - Publication of rules Rules so made and1[approved] shall be published in the2[Official Gazette], and shall from the dale of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. ___________________ 1. Substituted by Act 24 of 1917, section 2 and Schedule 1, for "sanctioned". 2. Substituted by the A.O. 1937, for "Gazette of India or in the local official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant. Section 128 - Matters for which rules may provide (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),.....

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Registration Act, 1908 Section 70

Title: Power of Inspector-general to Remit Fines

State: Central

Year: 1908

.....as admitted for registration; (d) The registering officer shall cause a copy so prepared to be filed, in accordance with the provisions of this Act and such rules as may be prescribed; (e) The true copy of the map or plan if any, mentioned in section 21 may also be filed along with the photocopy of the document or filed separately, in such manner as the Inspector General may direct. (2) All the words and expressions used in the Act with reference to the making of copies or documents by hand or the entering or filing of documents or memorandum in books provided under section 16, shall so far, as may be necessary, be construed as referring to the making of such copies by means of photocopying or the entering or filing of documents or memoranda in books made up of copies prepared by photocopying. (3) Where this Part applies, the sections mentioned below shall be deemed to be modified as follows:-- (a) in section 19, the words "and also by true copy" shall be omitted; (b) in section 20, sub-section (2) shall be omitted; (c) in section 45,-- (i) in sub-section (1), for the words, letter and figure "cause the contents thereof to be copied into his book No. 3", the.....

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Registration Act, 1908 Part XI

Title: Of the Duties and Powers of Registering Officers

State: Central

Year: 1908

.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....

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Registration Act, 1908 Part IX

Title: Of the Deposit of Wills

State: Central

Year: 1908

..... 1. Vide Goa Act 24 of 1985, section 3 (w.e.f. 5-12-1985). 2. Vide Karnataka Act 55 of 1976, section 4 (w.e.f. 24-10-1976). 3. Vide Kerala Act 7 of 1963, section 5 (w.e.f. 22-2-1968). 4. Vide Orissa Act 14 of 1989, section 4 (w.e.f. 19-9-1989). 5. Vide Pondicherry Act 17 of 1970, Schdule Item (1) (w.e.f. 1-11-1970). 6. Vide Tripura Act 7 of 1982, section 4 (w.e.f. 1-1-1983). Section 46 - Saving of certain enactments and powers of Courts (1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will. (2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid. STATE AMENDMENTS 1Goa: In section 46,-- (a) for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filed" shall be.....

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