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Start Free TrialCode of Civil Procedure, 1908 Part X
Title: Rules
State: Central
Year: 1908
..... 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General". Section 127 - Publication of rules Rules so made and1[approved] shall be published in the2[Official Gazette], and shall from the dale of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. ___________________ 1. Substituted by Act 24 of 1917, section 2 and Schedule 1, for "sanctioned". 2. Substituted by the A.O. 1937, for "Gazette of India or in the local official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant. Section 128 - Matters for which rules may provide (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Part IX
Title: Special Provisions Relating to the High Courts Not Being the Court of a Judicial Commissioner
State: Central
Year: 1908
PART IX SPECIAL PROVISIONS RELATING TO THE1[HIGH COURTS2[NOT BEING THE COURT OF A JUDICIAL COMMISSIONER] ] __________________ 1. Substituted by Act 2 of 1951, section 14, for "CHARTERED HIGH COURTS" (w.e.f. 1-4-1951). 2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "FOR PART A STATES AND PART B STATES". Earlier the words "FOR PART A STATES AND PART B STATES" were inserted by Act 2 of 1951, sec. 14 (w.e.f 1-4-1951).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 116
Title: Part to Apply Only Tocertain High Courts
State: Central
Year: 1908
This Part applies only to High Courts1[not being the Court of a Judicial Commissioner]. ________________ 1. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "for Part A States and Part B States". Earlier the words "for Part A States and Part B States" were inserted by Act 2 of 1951, sec. 14 (w.e.f 1-4-1951).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 122
Title: Power of Certain High Courts to Make Rules
State: Central
Year: 1908
1 [High Courts 2 [not being the Court of a Judicial Commissioner]] 3 [***] may, from time to time after previous publication, make rules regulating their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by such rules annual, alter or add to all or any of the rules in the First Schedule. _________________ 1. Substituted by the A.O. 1950, for "Courts which are High Courts for the purposes of the Government of India Act, 1935". 2. Substituted by the Adaptation of Laws (No. 2) Order, 1956, "for Part A States and Part B States." Earlier the words "for Part A States and Part B States" were inserted by Act 2 of 1951, section 15 (w.e.f. 1-4-1951). 3. The words "and the Chief Court of Lower Burma", rep by Act 11 of 1923, section 3 and Schedule II.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 7
Title: Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon
State: Central
Year: 1908
.....proposition of fact or law is affirmed by the one party and denied by the other. (2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. (3) Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. (4) issues are of two kinds: (a) issues of fact, (b) issues of law. (5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and 1 [after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend. (6) Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defence. 2 [2. Court to pronounce judgment on all issues (1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 4
Title: Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validity of Any Statutory Instrument
State: Central
Year: 1908
.....of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved. 1[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a defendant if the Government pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule 1A or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.] 5[3. Costs Where, under rule 2 or rule 2A the Government or any other authority is added as a defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless the Court,.....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Amending Act 1
Title: Registration and Other Related Laws (Amendment) Act, 2001
State: Central
Year: 1908
.....1908 2. Insertion of new section 16A - In the Registration Act, 1908 (16 of 1908) (hereafter in this Chapter referred to as the Registration Act), after section 16, the following section shall be inserted, namely: -- "16A. Keeping of books in computer floppies, diskettes, etc. -- (1) Notwithstanding anything contained in section 16, the books provided under sub-section (1) of that section may also be kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the Inspector-General with the sanction of the State Government. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand and seal shall be deemed to be a copy given under section 57 for the purposes of sob-section (5) of that section." 3. Amendment of section 17 - In section 17 of the Registration Act, -- (a) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) The documents containing contracts to transfer for consideration, any immovable.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 12
Title: Removal of Lawful Obstructions
State: Central
Year: 1908
(1) If any obstruction or impediment to the navigation of any port subject to this Act has been lawfully made or has become lawful by reason of the long continuance of such obstruction or impediment, or otherwise, the conservator shall report the same for the information of the1[Government], and shall, with the sanction of2[the Government], cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration. (2) Any dispute arising concerning such compensation shall be determined according to the law relating to like disputes in the case of land required for public purposes. __________________________ 1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937). 2. Substituted for the words "that Government" by A.O., 1937 (1-4-1937).
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Section 39
Title: Law as to Summonses, Commissions and Witnesses
State: Central
Year: 1908
The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Order XXVIIA
Title: Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validityof Any Statutory Instrument
State: Central
Year: 1908
1 [ORDER XXVIIA SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF 2 [THE CONSTITUTION] 3 [OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT] ______________________ 1. Order XXVIIA (containing rules 1, 2, 3 and 4) Inserted by Art. 23 of 1942, section 2. 2. Substituted by the A.O. 1950, for "the Government of India Act, 1935, or any Order-in-Council made thereunder". 3. Inserted by Act 104 of 1976, section 77 (w.e.f. 1-2-1977).
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