Bare Act Search Results

Code of Civil Procedure, 1908 Rule 1 to 20

Title: Judgement and Decree

State: Central

Year: 1908

..... 1. Substituted by Act 66 of 1956, section 14, for rule 1. (w.e.f. 1-1-1957). 2. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh; see the Oudh Court Act, 1925 (U.P. 4 of 1925), section 16 (2). 3. Rule 1 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 70 (w.e.f. 1-2-1977) and substituted by Act 22 of 2002, section 13 (w.e.f. 1-7-2002). 4. Inserted by Act 104 of 1976, section 70 (w.e.f. 1-2-1977). 5. Certain words omitted by Act 46 of 1999, section 28 (w.e.f. 1-7-2002). 6. Substituted by Act 104 of 1976, section 70, for "A Judge may" (w.e.f. 1-2-1977). 7. Substituted by Act 104 of 1976, section 70, for "names and description of the parties" (w.e.f. 1-2-1977). 8. Rules 6A and 6B inserted by Act 104 of 1976, section 70 (w.e.f. 1-2-1977) and substituted by Act 46 of 1999, section 28 (w.e.f. 1-7-2002). 9. Substituted by Act 104 of 1976, section 70, for certain words (w.e.f. 1-2-1977). 10. Substituted by Act 104 of 1976, section 70, for clause (b) (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Section 97

Title: Appealfrom Final Decree Where No Appeal from Preliminary Decree

State: Central

Year: 1908

Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.

Displaced Persons (Debts Adjustment) Act, 1951 Section 21

Title: Power to Revise Certain Decree and Settlement

State: Central

Year: 1951

.....the provisions of this Act. (2) In determining the amount due under any such decree or settlement, the Tribunal shall accept as binding the findings of the court which passed the decree or the facts contained in the settlement, as the case may be, to the extent to which the findings or the facts are not inconsistent with the provisions of this Act: Provided that the Tribunal shall not determine any claim under any such decree until any appeal or revision filed against it has been finally decided or the period allowed for any appeal therefrom has expired, and in all such cases the findings of the Tribunal shall be based on the final decree. (3) Notwithstanding anything contained in this section, Tribunal shall in respect of any debt revise any settlement arrived at before the commencement of this Act between an insurance company and a displaced person or between an insurance company and a displaced bank having an interest in the claim of a displaced person against the insurance company and arriving at such settlement by virtue of that interest: Provided that payment in full has been made in pursuant of such settlement.

Displaced Persons Debts Adjustment Act, 1951 Section 21

Title: Power to Revise Certain Decree and Settlement

State: Central

Year: 1951

.....the provisions of this Act. (2) In determining the amount due under any such decree or settlement, the Tribunal shall accept as binding the findings of the court which passed the decree or the facts contained in the settlement, as the case may be, to the extent to which the findings or the facts are not inconsistent with the provisions of this Act: Provided that the Tribunal shall not determine any claim under any such decree until any appeal or revision filed against it has been finally decided or the period allowed for any appeal therefrom has expired, and in all such cases the findings of the Tribunal shall be based on the final decree. (3) Notwithstanding anything contained in this section, Tribunal shall in respect of any debt revise any settlement arrived at before the commencement of this Act between an insurance company and a displaced person or between an insurance company and a displaced bank having an interest in the claim of a displaced person against the insurance company and arriving at such settlement by virtue of that interest: Provided that payment in full has been made in pursuant of such settlement.

Code of Civil Procedure, 1908 Rule 1 to 2

Title: Payment Under Decree

State: Central

Year: 1908

.....any money payable under a decree of any kind is paid out of Court, 1 [or a decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment of adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor 2 [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly, 3 [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-- (a) the payment is made in the manner provided in rule 1; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the.....

Code of Civil Procedure, 1908 Rule 97 to 106

Title: Resistance of Delivery of Possession to Decree-holder or Purchaser

State: Central

Year: 1908

.....or objection made under rule 58.] 3[106. Setting aside orders passed ex parte, etc. (1) The applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was sufficient cause for his non-appearance whom the application was called on for hearing, the Court shall set aside the order or such terms as to costs, or otherwise as it thinks fit, and shall appoint a day for the further hearing of the application. (2) No order shall be made on an application under sub-rule (1) unless notice of the application has been served on the other party. (3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date when applicant had knowledge of the order.] __________________________ 1. Substituted by Act 104 of 1976, section 72(xxxiii), for sub-rule (2) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section.....

Code of Civil Procedure, 1908 Rule 35 to 37

Title: Decree in Appeal

State: Central

Year: 1908

.....to the Appellate Court and at their expense. 37. Certified copy of decree to be sent to Court whose decree appealed from A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. _______________________ 1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16(3).

Code of Civil Procedure, 1908 Rule 1 to 15

Title: Suits Relating to Mortgages of Immovable Property

State: Central

Year: 1908

..... 14. Suit for sale necessary for bringing mortgaged property to sale (1) Where a mortgagee has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in Order II, rule 2. (2) Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 (4 of 1882), has not been extended. 17[15. Mortgages by the deposit of title-deeds and charges 18[(1)] All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the Transfer of Property Act, 1882 (4 of 1882).] 12a[(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree.] ______________________ 1. Substituted by Act 21 of 1929, section 4, for rule 2......

Practitioners Fees in the High Court Fees Rules, 1956 Complete Act

State: Tamil Nadu

Year: 1956

.....the application of a party, direct that a higher fee than would ordinarily be admissible under these Rules be allowed to a party. CASE LAW Rule 16 of Order V of the High Court Fees Rules, 1956 may be invoked for fixing a special fee even in Writ Proceedings, notwithstanding the provisions of Rule 7 (2) of the Rules framed under Article 226 of the Constitution [Mohammed Keyi versus Assistant Controller, Estate Duty, AIR 1962 Mad. 36 = (1961) 2 MLJ 372)]. 17. Where the Court orders the costs of an interlocutory application to be taxed, the Taxing Officer shall fix a reasonable fee not in any case exceeding Rs.100-00. 18. The fee allowed for prosecuting or defending a suit on the Original Side of the High Court or an appeal therefrom is intended to cover all proceedings upto final decree but it shall not be deemed to include the fixed costs of interlocutory applications the costs of which have been ordered to be costs in the cause. 19. Where a suit or appeal is remitted for re-hearing and disposal or for a finding on issues, a further fee not exceeding fifty per cent of the original fee may be allowed in respect of such proceedings by the Taxing Officer, who.....

GOA, DAMAN AND DIU JUDICIAL COMMISSIONER'S COURT (DECLARATION AS HIGH COURT) ACT, 1964[REPEALED] Section 5

Title: Appeals to Supreme Court from judgment, decree, etc., passed or made by Judicial Commissioner's Court

State: Central

Year: 1964

Subject to any rules made under Article 145 or any other law as to the time within which appeals to the Supreme Court are to be entered, an appeal shall lie to that Court from a judgment, decree or final order of the Judicial Commissioner's Court, under the provisions of Article 132 or Article 133, or from a judgment, final order or sentence of such Court under the provisions of Article 134: PROVIDED that an appeal may be preferred within ninety days from the date of passing of this Act from a judgment, decree, final order or sentence passed or made by the Judicial Commissioners Court before that date.