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Home Bare Acts Phrase: either partyLegal Representatives Suits Act, 1855 Section 2
Title: Death of Either Party Not Be Abate Suit. Proviso
State: Central
Year: 1855
No action commenced under the provisions of this Act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased: Provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such executors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 9
Title: Power to Party to Appoint New Arbitrator or in Certain Cases, a Sole Arbitrator
State: Central
Year: 1940
.....such other party having appointed his arbitrator before giving the notice, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent; Provided that the Court may set aside any appointment as sole arbitrator made under Cl. (b) and either, on sufficient cause being shown allow further time to the defaulting party to appoint an arbitrator or pass such other order as it thinks fit. Explanation.-The fact that an arbitrator or umpire, after a request by either party to enter on and proceed with the reference, does not within one month comply with the request may constitute a neglect or refusal to act within the meaning of Sec. 8 and this section.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Order 1 Rule 1 to 13
Title: Parties to Suits
State: Central
Year: 1908
.....in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise.] 2. Power of Court to order separate trials Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient. 2[3. Who may be joined as defendants All persons may be joined in one suit as defendants where-- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise.] 3[3-A. Power to order separate trials where joinder of defendants may embarrass or delay trial Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such other order as may be expedient in the interests of justice.] 4......
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 4
Title: Examination of Parties by the Court
State: Central
Year: 1908
.....admissions and denials, the Court shall direct the parties to the suit to opt either mode of the settlement outside the Court as specified in sub-section (1) of section 89. On the option of the parties, the Court shall fix the date of appearance before such forum or authority as may be opted by the parties. 1[1B. Appearance before the conciliatory forum or authority Where a suit is referred under rule 1A, the parties shall appear before such forum or authority for conciliation of the suit. 1[1C. Appearance before the Court consequent to the failure of efforts of conciliation Where a suit is referred under rule 1A and the presiding officer of conciliation forum or authority is satisfied that it would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the matter again to the Court and direct the parties to appear before the Court on the date fixed by it.] 2 [2. Oral examination of party, or companion of party (1) At the first hearing of the suit, the Court- (a) shall, with a view to elucidating matters in controversy in the suit, examine, orally such of the parties to the suit appearing in person or present in.....
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 57
Title: Liberty to Parties to Marry Again
State: Central
Year: 1869
1 [57. Liberty to parties to marry again Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.".] STATE AMENDMENT 2 Uttar Pradesh: For the existing section, the following section shall be substituted: "57. Liberties to parties to marry again.--When six months after the date of any decree absolute dissolving a marriage have expired, and no appeal has been presented against such decree, or when any such appeal has been dismissed, or when in the result of any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death." ______________________ 1. Substituted by Act 51 of 2001, section 30, for section 57 (w.e.f. 3-10-2001). 2. Vide U.P. Act XXX of 1957, section 2 and schedule (w.e.f. 21-10-1959).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 12
Title: Death, Marriage and Insolvency of Parties
State: Central
Year: 1908
.....within the period specified in the said Act, the Court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved.] 2[4A. Procedure where there is no legal representative (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit. (2) Before making an order under this rule, the Court-- (a) may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and .....
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 23
Title: Dismissal of suit if either party under age required by Act, or if parties cohabiting, or respondent willing to cohabit
State: Central
Year: 1866
If at any stage of the suit it be proved that the male party to suit is or was at the institution thereof under the age of sixteen years, or that the female party to the suit is or was at the same time under the age of thirteen years, or that the petitioner and the respondent are cohabiting as man and wife, or if the Court is satisfied by the evidence adduced that the respondent is ready and willing so to cohabit with the petitioner, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal.
View Complete Act List Judgments citing this sectionCONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 18
Title: Decree if respondent so refuse in case of unconsummated marriage, either party being impubes at time of marriage
State: Central
Year: 1866
Notwithstanding anything hereinbefore contained, if it shall appear at any stage of the suit that both or either of the parties had not attained puberty at the date of their marriage, and that such marriage has not been consummated; and if, in answer to the interrogatories made pursuant to section 13 of this Act, the respondent shall refusal to cohabit with the petitioner, and allege, as the ground for such refusal, that the petitioner has changed his or her religion, the Judge shall thereupon pass such a decree as last aforesaid.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 19
Title: Relief Against Parties and Persons Claiming Under Them by Subsequent Title
State: Central
Year: 1963
Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against-- (a) either party thereto; (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract; (c) any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant; (d) when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation; (e) when the promoters of a company have, before its incorporation, entered into a contract for the purpose of the company and such contract is warranted by the terms of the incorporation, the company: Provided that the company has accepted the contract and communicated such acceptance to the other party to the contract.
View Complete Act List Judgments citing this sectionLeaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Act, 1998 Section 3
Title: Facilities to the Leaders and Chief Whips of Recognised Groups and Parties
State: Central
Year: 1998
.....Board, Commission or other body set up by the Government; or (iv) is entitled to similar telephone and secretarial facilities provided to him in any other capacity of the Government or a local authority or Corporation owned or controlled by the Government or any local authority."] ______________________________ 1. Substituted by the Leaders and Chief Whips of Recognised Parties and Groups in Parliament (Facilities) Amendment Act, 2000 (Act 18 of 2000) w.e.f 07.06.2000. Prior to substitution section 3 read as under: "Subject to any rules made in this behalf by the Central Government, each leader [other than the Leader of the Opposition as defined in Section 2 of the Salary and Allowances of Leaders of Opposition in Parliament Act, 1977 (33 of 1977)] and each Chief Whip of a recognised group and a recognised party shall be entitled to telephone and secretarial facilities."
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