Bare Act Search Results

Code of Civil Procedure, 1908 Rule 13 to 14

Title: Settings Aside Decrees Ex Parte

State: Central

Year: 1908

.....had sufficient time to appear and answer the plaintiffs claim.] 2 [Explanation.--Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside the ex parte decree.] 14. No decree to be set aside without notice to opposite party No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party. ________________________ 1. Added by Act 104 of 1976, section 59(v) (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 59(vi) (w.e.f. 1-2-1977).

Bombay Agricultural Debtors Relief Act, 1947, (Maharashtra) Section 36

Title: Ex Parte Proceedings if Any Party Does Not Appear

State: Maharashtra

Year: 1947

(1) Notwithstanding that the person for the adjustment of whose debts an application has been made under section 4 or any of his creditors does not appear on the date fixed for the hearing of the application or on any date to which it may be adjourned, the Court shall proceed ex parte to hear the application, decide the preliminary issues and, if necessary, make the award, on the evidence available. (2) When an application made under section 4 is heard and disposed of ex parte under sub-section (1), the decision on the preliminary issues or the award shall not, except for sufficient reasons, be re-opened merely on the ground that any of the parties thereto did not appear at the hearing.

Consumer Protection Act, 1986 Section 22A

Title: Power to Set Aside Ex Parte Orders

State: Central

Year: 1986

1 [22A. Power to set aside ex parte orders Wherean order is passed by the National Commission ex parte against the opposite party or a complainant, as thecase may be/the aggrieved party may apply to the Commission to set aside thesaid order in the interest of justice. ______________________ 1. Sections 22A, 22B, 22C, 22D along with section 22Substituted for the earlier section 22 by Act 62 of 2002, section 20 (w.e.f. 15-3-2003).

Bombay Land Requisition Act, 1948, (Maharashtra) Section 9C

Title: if Application for Determination of Compensation Not Made in Time Compensation to Be Determined Ex Parte

State: Maharashtra

Year: 1948

1[If an application for compensation under clause (a) of sub section (2) of section 9B is not made within the time therein mentioned, the officer may proceed to determine ex parte the amount of compensation and apportionment thereof, and such determination and apportionment shall, subject to the provisions of sub-section (3) of section 8 and of section 8-A-1, be binding on the owner or landlord : Provided that, if the owner or landlord, within thirty days of the date of the decision of the officer, shows to the satis faction of the officer that the notice was not duly published or served or that he was prevented by sufficient cause from making his claim in time, the officer shall cancel his decision and proceed to determine the compensation and apportionment thereof after taking into consideration any claim made by the owner or landlord.] __________________ 1. Sections 9-A, 9-B and 9-C were inserted by Bom. 52 of 1955, section 3.

Protection of Women from Domestic Violence Act, 2005 Section 23

Title: Power to Grant Interim and Ex Parte Orders

State: Central

Year: 2005

(1) In any proceeding before him under this Act, the Magistrate may pass such interim order as he deems just and proper. (2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section 18, section 19, section 20, section 21 or, as the case may be, section 22 against the respondent.

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.....

Evacuee Interest Separation Act 1951 [Repealed] Section 8

Title: Decision by Competent Officer

State: Central

Year: 1951

.....officer shall, subject to the provisions of sub-sections (2) and (3) hold an inquiry into the claim in accordance with the procedure laid down in section 17 and pass an order determining in the interest of the evacuee and the claimant in the property in question and the order shall contain all or any of the following particulars, namely:-- (a) the money value of the property; (b) in any case where the evacuee and the claimant are co-shares or partners, their respective shares in the property and the money value of such shares; (c) in any case where the claim is made by a mortgagor the amount due to the evacuee; (d) in any case where the claim is made by a mortgagee, the amount due under the claim in accordance with the provisions of section 9. (2) Where the Custodian under the Administration of Evacuee Property Act, 1950 (XXXI of 1950), had determined that the property in question or any interest therein is evacuee property, the decision of the Custodian shall be binding on the competent officer: Provided that nothing contained in this sub-section shall debar the competent officer from determining the mortgage debt in respect of such property or any interest.....

Code of Civil Procedure, 1908 Rule 1 to 12

Title: Appearance of Parties and Consequence of Non-appearance

State: Central

Year: 1908

.....sufficient cause shown, of party ordered to appear in person Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in person, or show sufficient cause to the satisfaction of the Court for failing so to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants, respectively who do not appear. _______________________________ 1. Substituted by Act 22 of 2002, section 10, for rule 2 [as substituted by clause (i) of section 19 of Act 46 of 1999] (w.e.f. 01.07.2002). Earlier rule 2 was amendment by Act 104 of 1976, section 59(i)(a) and (b) (w.e.f. 01.02.1977). 2. Substituted by Act 104 of 1976, section 59(ii), for certain words (w.e.f. 1-2-1977). 3. Substituted by Act 46 of 1999, section 19(ii), for "one months" (w.e.f. 1-2-1977) Earlier the words "one month" were substituted by Act 104 of 1976, section 59(iii) for the words "three month: (w.e.f. 01.02.0977). 4. Substituted by Act 24 of 1920, section 2, for sub-rule (1). 5. Substituted by Act 104 of 1976, section 59(iv), for clause (a) (w.e.f. 1-2-1977).

Code 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.....

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....