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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 20
Title: Judgement and Decree
State: Central
Year: 1908
.....the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6B. Copies of judgments when to be made available Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.] 7. Date of decree The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 8. Procedure where Judge has vacated officer before signing decree Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to.....
View Complete Act List Judgments citing this sectionCode 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.
View Complete Act List Judgments citing this sectionCode 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).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 97 to 106
Title: Resistance of Delivery of Possession to Decree-holder or Purchaser
State: Central
Year: 1908
.....(including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application, and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.] 2[102. Rules not applicable to transferee pendente lite Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. Explanation.--In this rule, "transfer" includes a transfer by operation of law.] 2[103. Orders to be treated as decrees Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as.....
View Complete Act List Judgments citing this sectionCode 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.....
View Complete Act List Judgments citing this sectionDisplaced 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.
View Complete Act List Judgments citing this sectionDisplaced 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.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 30 to 34
Title: Judgment in Appeal
State: Central
Year: 1908
.....Court decides in favour of X. It has power to pass a decree against Y. 34. Dissent to be recorded Where the appeal is heard by more judges than one, any judge dissenting from the judgment of the Court shall state in writing the decision or order which he thinks should be passed on the appeal, and he may state his reasons for the same. __________________________ 1. Rule 30 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, section 87(xv) (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 87(xv), (w.e.f. 1-2-1977). 2a. Inserted by Act 104 of 1976, section 87(xvi), (w.e.f. 1-2-1977). 3. Inserted by Act 9 of 1922, section 4 which under section 1(2) thereof, may be brought into force in any State by the State Government on any specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa, and Tamil Nadu.
View Complete Act List Judgments citing this sectionGOA, 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.
View Complete Act List Judgments citing this sectionJudicial Commissioners Courts (Declaration as High Courts) Act, 1950[Repealed] Section 5
Title: Appeals to Lie to the Supreme Court from Judgment, Decree, Etc., Whether Passed or Made Before or After the Commencement of the Act
State: Central
Year: 1950
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 altered, an appeal shall lie to that Court from a judgment, decree or final order of a Judicial Commissioners 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 whether such judgment, decree, final order or sentence, as the case may be, was passed or made before or after the commencement of this Act.
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