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Start Free TrialCode 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.....
List Judgments citing this sectionThe Madras Estates Land Act, 1908 Complete Act
State: Kerala
Year: 1908
THE MADRAS ESTATES LAND ACT, 1908 THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Chapter I - PRELIMINARY THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Section 1 - Short title, Commencement, Local extent This Act may be called the Madras Estates Land Act, 1908: It shall come into force on the first day of July 1908: and it shall extend to the whole of the Presidency of Madras except the Presidency Town, the district of Malabar and the portion of the Nilgiri district known as the South East Wynaad. Section 2 - Repeal Madras Acts VIII of 1865 and II of 1871 and section 7 of Madras Act.....
List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 9 to 10
Title: Commissions for Local Investigations
State: Central
Year: 1908
.....as it thinks fit directing him to make such investigation and to report thereon to the Court: Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules. 10. Procedure of Commissioner (1) The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court. (2) Report and depositions to be evidence in suit.--The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the parties to the suit may examine the Commissioner personally in open Court touching any of the matters referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made the investigation. (3) Commissioner may be examined in person.--Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may direct such further inquiry to.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 11 to 12
Title: Commissions to Examine Accounts
State: Central
Year: 1908
11. Commission to examine or adjust accounts In any suit in which an examination or adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit directing him to make such examination or adjustment. 12. Court to give Commissioner necessary instructions (1) The Court shall furnish the Commissioner with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the Commissioner is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his examination. (2) Proceedings and report to be evidence. Court may direct further inquiry.--The proceedings and report (if any) of the Commissioner shall be evidence in the suit, but where the Court has reason to be dissatisfied with them, it may direct such further inquiry as it shall think fit.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 5
Title: Temporary Injuctions
State: Central
Year: 1908
.....the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain. ______________________ 1. Rule 1 renumbered as sub-rule (1) of that rule by Act 46 of 1999, section 30 and section 30 of the Act 46 of 1999, by which it was so re-numbered, has been omitted by Act 22 of 2002, section 16 (w.e.f. 1-7-2002). 2. Substituted by Act 104 of 1976, section 86(i)(a), "for defraud" (w.e.f. 1-2-1977). 3. Inserted by Act 104 of 1976, section 86(i)(b) (w.e.f. 1-2-1977). 4. Sub-rule (2) inserted by Act 46 of 1999, section 30 and section 30 of the Act 46 of 1999, by which sub-rule (2) it was so inserted, has been omitted by Act 22 of 2002, section 15(a) (w.e.f. 1-7-2002). 5 . Sub-rules (3) and (4) omitted by Act 104 of 1976, section 86(ii) (w.e.f. 1-2-1977). 6. Inserted by Act 104 of 1976, section 86(iii) (w.e.f. 1-2-1977). 7. Inserted by Act 104 of 1976, section 86(iv) (w.e.f. 1-2-1977). 8. Inserted by Act 104 of 1976, section 86(v) (w.e.f. 1-2-1977). 9. Inserted by Act 104 of 1976, section 86(vi) (w.e.f. 1-2-1977).
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