Bare Act Search Results

Code of Civil Procedure, 1908 Rule 41 to 57

Title: Attachment of Property

State: Central

Year: 1908

.....by Act 26 of 1939, section 2, for certain words. 7. Substituted by Act 104 of 1976, section 72(xix)(b), for sub-rule (3) (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 72(xix)(c), for Explanation (w.e.f. 1-2-1977). 9. Substituted by Act 2 of 1951, section 3, for "the States." 10. Substituted by Act 104 of 1976, section 72(xxi)(a), for section 247 of the Indian Contract Act, 1872 (9 of 1872)" (w.e.f. 1-2-1977). 11. Substituted by Act 104 of 1976, section 72(xxii)(a), for sub-clause (ii) (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 72, for rule 57 (w.e.f. 1-2-1977). 13. Inserted by Act 104 of 1976, section 72(xx) (w.e.f. 1-2-1977). 14. Inserted by Act 104 of 1976, section 72(xxi) (b) (w.e.f. 1-2-1977). 15. Inserted by Act 104 of 1976, section 72(xxiii)(a) (w.e.f. 1-2-1977). 16. Inserted by Act 104 of 1976, section 72(xxiii)(b) (w.e.f. 1-2-1977).

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.....

Code of Civil Procedure, 1908 Rule 37 to 40

Title: Arrest and Detention in the Civil Prison

State: Central

Year: 1908

.....discretion, order the judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing security to the satisfaction of the Court for his appearance when required. (3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of section 51 and to the other provisions of this Code, make an order for the detention of the judgment-debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest : Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the Court for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not sooner satisfied. (4) A judgment-debtor released under this rule may be re-arrested. (5) When the Court does not make an order of detention under sub-rule (3), it shall disallow the application and, if the judgment-debtor is under arrest, direct his.....

Code of Civil Procedure, 1908 Appendix F

Title: Supplemental Proceedings

State: Central

Year: 1908

.....for his personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that may be passed against him in the suit. given under my hand and the seal of the Court, this .................... day of .................... 19.../20.... . Judge No. 2 security for appearance of a defendant arrested before judgment (O. XXXVIII, r. 2) (Title) whereas at the instance of ..............., the plaintiff in the above suit, . .................... the defendant, has been arrested and brought before the Court; And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the; Court has ordered, him to furnish such security: Therefore I, .................... have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court that the said defendant shall appear at any time when called upon, while, the suit is pending and until satisfaction, of any decree that may be passed against him in the said suit ; and in default of such appearance I bind Myself; my heirs and executors, to pay to the said.....

Indian Ports Act, 1908 Section 42

Title: Distraint and Sale on Refusal to Pay Port-charges

State: Central

Year: 1908

.....port-dues, fees or other charges, may sell the vessel or other thing only with the prior permission of such court or other authority and satisfy the port-dues, fees or other charges and the costs including costs of sale remaining unpaid, and disburse the surplus,if any, in accordance with the orders or directions of such court or other authority: Provided further that the person to whom the vessel or other thing is sold under this section, shall be deemed to be the owner thereof and registered as such under the Merchant Shipping Act. 1958.] ___________________________ 1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 7 (12-8-1992).

Indian Ports Act, 1908 Chapter V

Title: Port-dues, Fees and Other Charges

State: Central

Year: 1908

.....the 1 [Government] prescribes, the receipts and expenditure of the port, and shall publish annually as soon after the first day of April as may be practicable an abstract, in such form as 2 [the Government] prescribes, of the account for the past financial year; 3 [Provided that the port fund account for any port may, if so authorized under the provisions of any Act relating to such port, be merged with the general account of that port, and in such a case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and (5) shall have effect as if for the words "the port fund account of the port" therein, the words "the general account of the port" had been substituted.] 4 [* * * * *] (4) All money received under this Act at or on account of any port subject to this Act, excluding receipts on account of pilotage but including-- 5 [(a) fines other than those creditable to the pilotage account of the port under sub-section (5a)], (b) proceeds of waifs, and (c) any balance of the proceeds of a sale under section 14 where no right to the balance has been established on a claim made within three years from the date of the sale, shall be.....

Ports Act, 1908 Complete Act

State: Central

Year: 1908

.....been preserved. The only clause which in any way alters the law at at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by S.228 of the Merchant Shipping Act, 1854 to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict.. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment. The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation. The schedule has been amended accordingly........"- Gaz. of Ind.. 1908, Part V. page 309.An Act to condolidate the enactments.....