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Indian Ports Act, 1908 Chapter III

Title: Port-officials and their Powers and Duties

State: Central

Year: 1908

.....the deficiency be not paid within one month of such demand the conservator may recover the deficiency from such owner in the manner laid down in Sub-section (2) of Section 57 for recovery of expenses and damages or in any other manner according a the deficiency does not or does exceed one thousand rupees.] __________________________ 1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). (55 of 1952). 2. Substituted for "under Sub-section (1)" by Act (23 of 1992), Section 3 (12-8-1992). 3. Substituted for the words "six months" by the Indian Ports (Amendment) Act 1952 (55 of 1952). Section 2 (9-8-1952). Words "two months" as substituted have now been substituted by words "thirty days" by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). Section 15 - Power to board vessels and enter buildings (1) The Conservation or any of his assistants may, whenever he suspects that any offence against this Act has been or is about to be, committed, or whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act, and the person appointed under this Act to.....

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Code of Civil Procedure, 1908 Rule 1 to 10

Title: Suits by or Against Firms and Persons Carrying on Business in Names Other Than their Own

State: Central

Year: 1908

.....whom it is sought to make liable. 4. Right of suit on death of partner (1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872), where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit. (2) Nothing in sub-rule (1) shall limit or otherwise affect any right which the legal representative of the deceased may have-- (a) to apply to be made a party to the suit, or (b) to enforce any claim against the survivor or survivors. 5. Notice in what capacity served Where a summons is issued to a firm and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service, whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, in default of such notice, the person served shall be deemed to be served as a partner. 6. Appearance of.....

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Code of Civil Procedure, 1908 Rule 1 to 9

Title: Review

State: Central

Year: 1908

.....the appellant, or when; being respondent, he can present to the Appellate Court the case on which he applies for the review. 1 [Explanation.--The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment.] 2. To whom applications for review may be made [Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), section 14 (w.e.f. 1-1-1957).] 3. Form of applications for review The provisions as to the form of preferring appeals shall apply mutatis mutandis, to applications for review. 4. Application where rejected (1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application. (2) Application where granted.--Where the Court is of opinion that the application for review should be granted, it shall grant the same : Provided that-- (a) no such application shall be granted without previous notice to the opposite party, to enable him to appear and be heard in support of the decree or order, a review of which is applied.....

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Code of Civil Procedure, 1908 Rule 1 to 2

Title: Appeals from Orders

State: Central

Year: 1908

.....compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.] 2. Procedure The rules of Order XLI shall apply, so far as may be, to appeals from orders. ______________________ 1. Inserted by Act 104 of 1976, section 89(i)(a) (w.e.f. 1-2-1977). 1a. Inserted by Act 104 of 1976, section 89(ii) (w.e.f. 1-2-1977). 1b. Inserted by Act 104 of 1976, section 89(e) (w.e.f. 1-2-1977). 2. Clause (b) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 3. Clause (e) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 4. Clause (g) and (h) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 5. Clause (m) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 6. Clause (o) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 7. Clause (v) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977).

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Code of Civil Procedure, 1908 Rule 16 to 29

Title: Procedure of Hearing

State: Central

Year: 1908

.....appealed from Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required ; and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor 1d[within such time as may be fixed by the Appellate Court or extended by it from time to time]. 26. Findings and evidence to be put on record--Objections to finding (1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding. (2) Determination of appeal.--After the expiration of the period so fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal. 1e[26A. Order of.....

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Code of Civil Procedure, 1908 Rule 5 to 8

Title: Stay of Proceedings and of Execution

State: Central

Year: 1908

.....anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.] 6. Security in case of order for execution of decree appealed from (1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security. (2) Where an order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of. .....

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Code of Civil Procedure, 1908 Rule 1 to 4

Title: Appeals from Original Decrees

State: Central

Year: 1908

.....after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring the appeal within such period. (2) If the Court sees no reason to reject the application without the issue of a notice to the respondent, notice thereof shall be issued to the respondent and the matter shall be finally decided by the Court before it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be. (3) Where an application has been made under sub-rule (1), the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal.] 4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.-- Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the.....

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Code of Civil Procedure, 1908 Rule 6 to 10

Title: Interlocutory Orders

State: Central

Year: 1908

.....authorized to enter under this rule. 8. Application for such orders to be after notice (1) An application by the plaintiff for an order under rule 6 or rule 7 may be made 1 [***] at any time after institution of the suit. (2) An application by the defendant for a like order may be made 1 [***] at any time after appearance. 2 [(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.] 9. When party may be put in immediate possession of land the subject-matter of suit Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in possession of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the.....

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Code 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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Code of Civil Procedure, 1908 Rule 1 to 18

Title: Suits by Indigent Persons

State: Central

Year: 1908

.....Inserted by act 104 of 1976, section 81(xiii) (w.e.f. 1-2-1977). 5. The provisions of this rule so far as it relates to the making of the memorandum are not applicable to the Chief Court of Oudh, see Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16 (2). 6. Substituted by Act 104 of 1976, section 81 for "a memorandum of the substance of their evidence" (w.e.f. 1-2-1977). 7. Substituted by Act 104 of 1976, section 81(vii)(c), for "as herein provided" (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 81(viii), for "(other than fees payable for service of process)" (w.e.f. 1-2-1977). 9. Substituted by the A.O. 1950, for "Provincial Government" which had been Substituted by the A.O. 1937, for "Government". 10. Inserted by Act 24 of 1942, section 2. 11. Substituted by Act 24 of 1942, section 2 for "or rule 11". 12. Substituted by Act 24 of 1942, section 2, for rule 14. 13. Substituted by Act 104 of 1976, section 81(xi), for Provided that he first pays" (w.e.f. 1-2-1977). 14. The words "sub-rule (2) of" Omitted by Act 19 of 1988, section 3 Second Schedule.

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