Bare Act Search Results
Home Bare Acts Phrase: decreeCode of Civil Procedure, 1908 Rule 1 to 20
Title: Judgement and Decree
State: Central
Year: 1908
..... 1. Substituted by Act 66 of 1956, section 14, for rule 1. (w.e.f. 1-1-1957). 2. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh; see the Oudh Court Act, 1925 (U.P. 4 of 1925), section 16 (2). 3. Rule 1 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 70 (w.e.f. 1-2-1977) and substituted by Act 22 of 2002, section 13 (w.e.f. 1-7-2002). 4. Inserted by Act 104 of 1976, section 70 (w.e.f. 1-2-1977). 5. Certain words omitted by Act 46 of 1999, section 28 (w.e.f. 1-7-2002). 6. Substituted by Act 104 of 1976, section 70, for "A Judge may" (w.e.f. 1-2-1977). 7. Substituted by Act 104 of 1976, section 70, for "names and description of the parties" (w.e.f. 1-2-1977). 8. Rules 6A and 6B inserted by Act 104 of 1976, section 70 (w.e.f. 1-2-1977) and substituted by Act 46 of 1999, section 28 (w.e.f. 1-7-2002). 9. Substituted by Act 104 of 1976, section 70, for certain words (w.e.f. 1-2-1977). 10. Substituted by Act 104 of 1976, section 70, for clause (b) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 2
Title: Payment Under Decree
State: Central
Year: 1908
.....any money payable under a decree of any kind is paid out of Court, 1 [or a decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment of adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor 2 [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly, 3 [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-- (a) the payment is made in the manner provided in rule 1; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 97 to 106
Title: Resistance of Delivery of Possession to Decree-holder or Purchaser
State: Central
Year: 1908
.....or objection made under rule 58.] 3[106. Setting aside orders passed ex parte, etc. (1) The applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was sufficient cause for his non-appearance whom the application was called on for hearing, the Court shall set aside the order or such terms as to costs, or otherwise as it thinks fit, and shall appoint a day for the further hearing of the application. (2) No order shall be made on an application under sub-rule (1) unless notice of the application has been served on the other party. (3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date when applicant had knowledge of the order.] __________________________ 1. Substituted by Act 104 of 1976, section 72(xxxiii), for sub-rule (2) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section.....
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 2
Title: Appeals from Orders
State: Central
Year: 1908
.....or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person ;] 6[***] (p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV; (q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII ; (r) an order under rule 1, rule 2 1b[rule 2A], rule 4 or rule 10 of Order XXXIX ; (s) an order under rule 1 or rule 4 of Order XL ; (t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to re-hear, an appeal ; (u) an order under rule 23 1b[or rule 23A] or Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court ; 7[***] (w) an order under rule 4 of Order XLVII granting an application for review. 1a[1A. Right to challenge non-appealable orders in appeal against decrees (1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced. (2) In an appeal against a decree passed in a suit after recording a compromise.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 42
Title: Powers of Court in Executing Transferred Decree
State: Central
Year: 1908
.....order in exercise of the powers specified in sub-section (2) shall send a copy thereof to the Court which passed the decree. (4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for execution any of the following powers, namely:-- (a) power to order execution at the instance of the transferee of the decree; (b) in the case of a decree passed against a firm, power to grant leave to execute such decree against any person, other than such a person as is referred to in clause (b), or clause (c), of sub-rule (1) of rule 50 of Order XXI.] __________________ 1. Section 42 renumbered as sub- section (1) thereof by Act 104 of 1979, section 19 (w.e.f. 1-2-1977) 2. Inserted by Act 104 of 1976, section 19 (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 39
Title: Transfer of Decree
State: Central
Year: 1908
.....it for execution to any subordinate Court of competent jurisdiction. 1[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the suit in which such decree was passed.] 2[(4) Nothing in this section sh all be deemed to authorise the Court which passed a decree to execute such decree against any person or property outside the local limits of its jurisdiction.] ___________________ 1. Inserted by Act 104 of 1976, section 18(i) (w.e.f. 1-2-1977) 2. Inserted by Act 22 of 2002, section 2 (w.e.f. 1-7-2002).
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 60
Title: Decree for Separation or Protection-order Valid as to Persons Dealing with Wife Before Reversal
State: Central
Year: 1869
.....discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof. Indemnity of persons making payment to wife without notice of reversal of decree or protection order. All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued. unless, at the lime of payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 37
Title: Definition of Court Which Passed a Decree
State: Central
Year: 1908
.....of the decree, would have jurisdiction to try such suit. 1 [Explanation.--The Court of first instance does not cease to have jurisdiction to execute a decree merely on the ground that after the institution of the suit wherein the decree was passed or after the passing of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the time of making the application for execution of the decree it would have jurisdiction to try the said suit.] ____________________ 1. Inserted by Act 104 of 1976, section 17 (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 6 to 10
Title: Interlocutory Orders
State: Central
Year: 1908
.....authorized to enter under this rule. 8. Application for such orders to be after notice (1) An application by the plaintiff for an order under rule 6 or rule 7 may be made 1 [***] at any time after institution of the suit. (2) An application by the defendant for a like order may be made 1 [***] at any time after appearance. 2 [(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.] 9. When party may be put in immediate possession of land the subject-matter of suit Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in possession of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the.....
View Complete Act List Judgments citing this section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial