Bare Act Search Results
Home Bare Acts Phrase: complainableLimitation 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 sectionCode of Criminal Procedure, 1973 Section 200
Title: Examination of Complainant
State: Central
Year: 1973
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 256
Title: Non-appearance or Death of Complainant
State: Central
Year: 1973
(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
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 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 sectionBombay City Civil Court Act, 1948, (Maharashtra) Section 13
Title: Costs to Be Disallowed when Plaintiff Sues in High Court Instead of in City Court
State: Maharashtra
Year: 1948
If in any suit instituted in the High Court the Judge who tries it is of the opinion that it ought to have been instituted in the City Court and in such suit-- (a) if the plaintiff does not obtain a decree, the defendant shall be entitled to his costs as between attorney and client; or (b) if the plaintiff obtains a decree for any matter of an amount or value less than the maximum amount of the pecuniary jurisdiction of the City Court, no costs shall be allowed to the plaintiff.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 171
Title: Complainant and Witnesses Not to Be Required to Accompany Police Officer and Not to Be Subject to Restraint
State: Central
Year: 1973
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subject to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that, if any complainant or witness refuses to altend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 340
Title: Power to Require from Complainant Security for Costs, Etc
State: Central
Year: 1958
When a complaint is made to the Central Government or a detaining officer that an Indian ship is unsafe, it shall be in the discretion of the Central Government or the detaining officer, as the case may be, to require the complainant to give security to the satisfaction of the Central Government or the detaining officer for the costs and compensation which such complainant may become liable to pay as hereinafter mentioned : Provided that, where the complaint is made by one-fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Central Government or the detaining officer frivolous or vexatious, such security shall not be required, and the Central Government or the detaining officer shall, if the complaint is made insufficient time before the sailing of the ship, take proper steps to ascertain whether the ship ought to be detained under this Part.
View Complete Act List Judgments citing this sectionCourt-fees Act, 1870 Section 18
Title: Written Examinations of Complainants
State: Central
Year: 1870
When the first or only examination of a person who complains of the offence of wrongful confinement, or of wrongful restraint, or of any offence other than an offence for which police-officers may arrest without a warrant, and who has not already presented a petition on which fee has been levied under this Act, is reduced to writing under the provisions of the1Code of Criminal Procedure, the complainant shall pay a fee of eight annas, unless the Court thinks fit to remit such payment. _______________________ 1. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
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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