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Start Free TrialRegistration Act, 1908 Part III
Title: Of Registrable Documents
State: Central
Year: 1908
.....of Property Act, 1882;". Note.--section 2 of Bombay Act 14 of 1939, as amended by Bombay Act 17 of 1945, is as follows:-- "2. Application of Act.--This Act shall apply to notices in respect of suits or proceedings which relate to immovable properties situate wholly or partly in the Greater Bombay with effect from such date as may be directed by the State Government in this behalf by notification in the Official Gazette: Provided that the State Government may by similar notification direct that the provisions of this Act shall apply to such notices relating to immovable properties situate wholly or partly in such other area as may be specified in the said notification." (iii) the word "and" in clause (ee) shall be added at the end and clause (eei) inserted by Act (Bombay Act 6 of 1960), section 43, shall be deleted. 6 [7 [Uttar Pradesh: In section 18, clauses (a), (b) and (cc) be omitted. In section 18(c), omit the words and figures "and leases exempted under section 17". Section 18A 8 Delhi: Same as in Punjab. 9 Himachal Pradesh: Same as in Punjab. 10 Punjab, Haryana, Chandigarh: After section 18, insert the following new section:-- "18A......
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 7
Title: Summary Procedure
State: Central
Year: 1908
.....suit. (5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just: Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court. (6) At the hearing of such summons for judgment,-- (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix C
Title: Discovery, Inspection and Admission
State: Central
Year: 1908
.....[or plaintiff]. [Here describe the documents and specify as to each document whether it is original or a copy.] No. 10 NOTICE TO ADMIT FACTS (O. XII, r. 5) (Title as in No. 1, supra) Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plaintiff] to admit, for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit. G. H. pleader [or agent] for plaintiff [or defendant]. To E. F., pleader [or agent] for defendant [or plaintiff]. The facts, the admission of which is required, are:-- 1. That M. died on the 1st January, 1890. 2. That he died intestate. 3. That N. was his only lawful son. 4. That O. died on the 1st April, 1896. 5. That O. was never married. No. 11 admission of facts pursuant to notice (O. XII, r. 5) (Title as in No. 1, supra) The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several facts.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix B
Title: Process
State: Central
Year: 1908
.....to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons ; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the ...... day of ..... 19..../20....., is now fixed for the hearing of the same; in default of your appearance on the last mentioned the suit will be heard and determined in your absence. given under my hand and the seal of the Court, this ..... day of .....19...../20..... Judge. No. 13 summons to witness (O. XVI, rr. 1, 5) (Title) To ....................................... [Name, description and place of residence] whereas your attendance is required to ............................................. on behalf of the .................................................................................... in the above suit, you are hereby required [personally] to appear before this Court on the ............... day of................ 19....../20....., at ................
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix A
Title: Pleadings
State: Central
Year: 1908
.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 3
Title: Appeals from Appellate Decrees
State: Central
Year: 1908
1. Procedure The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. 1[2. Power of Court to direct that the appeal be heard on the question formulated by it At the time of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate the substantial question of law as required by section 100, and in doing so, the Court may direct that the second appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground in the appeal without the leave of the Court, given in accordance with the provision of section 100. 13. Application of rule 14 of Order XLI Reference in sub-rule (4) of rule 14 of Order XLI to the Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a reference to the Court to which the appeal was preferred from the original decree or order.] ______________________ 1. Inserted by Act 104 of 1976, section 88 (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 9 to 15
Title: Procedure on Admission of Appeal
State: Central
Year: 1908
.....time in the Appellate Court, unless he has appeared and filed an address for the service in the Court of first instance or has appeared in the appeal. (5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.] 15. Contents of notice [Rep. by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) section 31 (w.e.f. 1-7-2002).] ______________________ 1. Substituted by Act 46 of 1999, section 31(ii), for rule 9 (w.e.f. 1-7-2002). 2. Substituted by Act 2 of 1951, section 3 for "the States". 3. Substituted by Act 46 of 1999, section 31(iii), for sub-rule (1) (w.e.f. 1-7-2002). 4. Inserted by Act 104 of 1976, section 87(v) (w.e.f. 1-2-1977). 5. Substituted by Act 46 of 1999, section 31(iv), for sub-rule (2) (w.e.f. 1-7-2002).
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).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 6
Title: Special Case
State: Central
Year: 1908
.....in the agreement. (2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and shall concisely state such facts and specify such documents as may be necessary to enable the Court to decide the question raised thereby. 2. Where value of subject-matter must be stated Where the agreement is for the delivery of any property, or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be slated in the agreement. 3. Agreement to be filed and registered as suit (1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed1[with an application] in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount of value of the subject-matter of the agreement. (2)2[The application] when so filed, shall be numbered and registered as a suit between one or more of the parties claiming to be interested a plaintiff or plaintiffs, and the other or the others of them as defendant or defendants ; and notice shall be given to all.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix E
Title: Execution
State: Central
Year: 1908
.....order be sent to ..... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the .................. day of ................... 19......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....
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