Bare Act Search Results

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

State: Tamil Nadu

Year: 1956

PRACTITIONERS FEES IN THE HIGH COURT FEES RULES, 1956 ORDER V PRACTITIONERS' FEES 1. For the purpose of this Order the word 'suit' shall not include summary proceedings under Order VII of the Original Side Rules. [Substituted by ROC.No.335/93/RR, dated 14th December, 1994] [2.(1) The fees to be allowed on the Original Side of the High Court in part and part taxation for all suits shall be as follows :" (a) Where the suit is concluded prior to the date of the settlement of issues or where issues are dispensed with the date of the order dispensing with the issues or where in the proceedings in question issues are, by the Rules not required, the date of filing the written statement by the party in question, then " (1) If the amount or value of the claim does not exceed Rs.5,000-00 ; 5 per cent; (2) If the amount or value exceeds Rs.5,000-00 and does not exceed Rs.10,000-00, on Rs.5,000-00 as above and on the remainder ; 3 per cent; (3) If the amount or value exceeds Rs.10.000-00 and does not exceed Rs.20,000-00 on Rs.10,000-00 as above, and on the remainder, 2 per cent; (4) If the amount or value exceeds Rs.20,000-00 and does not.....

Bombay Execution of Decrees (Temporary Postponement) Act, 1959, (Maharashtra) Section 3

Title: Stay of Proceedings in Case of Certain Decrees and Postponement of Certain Suits

State: Maharashtra

Year: 1959

(1) Save as provided in sub-Section (5), in any area where, on account of any of the calamities referred to in sub-Section (3) of Section 1, the State Government has granted remission or suspension of land revenue, and besides made a declaration of scarcity or of famine conditions, all proceedings in execution of any decree for money, all proceedings for making final any preliminary decree for foreclosure in enforcement of a mortgage and all proceedings in execution of any final decree for foreclosure or sale in enforcement of a mortgage, passed by any Civil Court in that area on the basis of any liability incurred before the commencement of this Part in that area, in which the judgment-debtor or one of the judgment-debtors is on such commencement an agriculturist, shall be stayed during the period this Part remains in force in that area. (2) In any area to which sub-Section (1) applies,- (a) no application for execution of any decree referred to in that sub-Section or for making final any pre liminary decree for foreclosure referred to in that sub-Section, shall be entertained by any Civil Court in that area so long as this Part remains in force in that area; (b) no suit.....

The Tamil Nadu Indebted Agriculturists(Temporaryrelief) Act, 1954 Complete Act

State: Tamil Nadu

Year: 1954

.....III " Compromise decree and other decree " No such distinction is contemplated under the Act (1954) 2 M.L.J. 605 S.3 Sale under S.69 of T.P. Act whether Act applies " AIR 1955 Mad 135. S.3: The application by the decree holder purchaser under O.21, Rule 95 CPC for delivery of possession is not an application for the execution of decree with in the meaning of this section " AIR 1955 NUC (Mad) 3850 Ss.3 and 4 " It is the character of the suit that determines the applicability of sections, Decree should be for money. Does not apply to administrative suits " AIR 1955 NUC (Mad) 3192 S.3 and 2(b): Suit for declaring partnership void of initio. Decree an condition to restore amounts advanced by defendants " decree is not for recovery of debt " S.3 does not apply " AIR 1955 NUC (Mad) 3184. Ss.3 & 4: Survey for a judgment debtor. Section 3 and 4 have to be read together to find out the nature and scope of protection that is available under the Act. It contemplates a relief claimed against an agriculturist who may not be a party to the suit, "of the nature mentioned in section 3" " meaning of " AIR 195 NUC (Mad) 2442. S.3 Stay of execution " Waiver of his rights.....

GOA, DAMAN AND DIU JUDICIAL COMMISSIONER'S COURT (DECLARATION AS HIGH COURT) ACT, 1964 Complete Act

State: Central

Year: 1964

.....into force on the date of commencement of the Goa, Daman and Diu (Judicial Commissioner's Court) Regulation, 1963,2 SECTION 02: DEFINITION In this Act, "article" means an article of the Constitution. SECTION 03: DECLARATION OF GOA, DAMAN AND DIU JUDICIAL COMMISSIONER'S COURT AS HIGH COURT FOR CERTAIN PURPOSES -The Court of the Judicial Commissioner for the Union territory of Goa, Daman and Diu (hereinafter referred to as the Judicial Commissioner's Court) is hereby declared to be a High Court for the purposes of Articles 132-,133-and134- SECTION 04: APPEALS TO THE SUPREME COURT NOT TO BE BARRED ON ACCOUNT OF JUDGMENT, ETC., BEING OF A SINGLE JUDGE An appeal shall lie to the Supreme Court under the provisions of Article 133-from any judgment, decree or final order of the Judicial Commissioner's Court notwithstanding that such judgment, decree or final order is that of a single Judge. SECTION 05: APPEALS TO SUPREME COURT FROM JUDGMENT, DECREE, ETC., PASSED OR MADE BY JUDICIAL COMMISSIONER'S COURT 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.....

JUDICIAL COMMISSIONERS' COURTS (DECLARATION AS HIGH COURTS) ACT, 1950 Complete Act

State: Central

Year: 1950

.....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. SECTION 06: EXCEPTION AND MODIFICATION SUBJECT TO WHICH THE PROVISIONS OF CHAPTER V OF PART VI OF THE CONSTITUTION APPLY TO THE JUDICIAL COMMISSIONER'S COURTS The provisions of Chapter V of Part VI of the Constitution shall, in their application to a Judicial Commissioner's Court, have effect subject to the following exceptions and modifications, namely:- (a) the provisions of Articles 216, 217, 218, 220, 221, 222, 223, 2244[230 and 231] shall not apply; (b) references in Article 219, in the proviso to clause (3) of Article 227 and in Article 229 to the Governor shall be construed as references to5[the administrator of the Union territory] in relation to which that Court exercises jurisdiction. NOTES 3. Words 'Himachal Pradesh' omitted by Delhi High Court Act, 1966 (26 of 1966), section 19 (1-5-1967), Himachal Pradesh is a State from 25-1 -l 971 having a separate High Court. (See Act 53 of 1970, section 21). 4. Substituted for "230, 231 and 232" by 2 A.L.O., 1956. 5. Substituted for "the Chief Commissioner of the State", A.L.O.,.....

Indira Gandhi National Open University Act, 1985 Schedule II

Title: Second Schedule

State: Central

Year: 1985

.....of the two Schemes set out in Appendices A and B and he shall have for the purpose of these schemes the benefit of the service rendered under contract, if the retirement benefits under the contract terms are paid back by him to the University. 6(a) Transfer of employees from Central Government, Central University or Autonomous Bodies of Central Government. Where an employee of Central Government Central University/Autonomous Body of Central Government including a statutory body is permanently absorbed in the University, such of the past services rendered by him as would have counted for retirement benefits in that Government Organisation shall count for retirement benefits payable by the University subject to the following: (a) The transfer is with the consent of the parent Government/Organisation and is in public interest. (b) The employee has not opted to receive pro-rata retirement benefits from the parent Government/Organisation. (c) The Central Government/Autonomous Bodies of Central Government including a statutory body, discharges its pension liability, paying in lump sum, by a one time payment, the pro-rata pension service gratuity/terminal gratuity and.....

Indira Gandhi National Open University Act, 1985 Complete Act

State: Central

Year: 1985

.....in the Gazette of India. SECTION 30: CONDITIONS OF SERVICE OF EMPLOYEES (1) Every employee of the University shall be appointed-under a written contract and such contract shall not be inconsistent with .the provisions of this Act, the Statutes and the Ordinances. (2) The contract referred to in sub-section (1) shall be lodged with the University and a copy of which shall be furnished to the employee concerned. SECTION 31: TRIBUNAL OF ARBITRATION (1) Any dispute arising out of a contract of employment referred to in S. 30 between the University and an employee shall, at the request of either party, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Board of Management, one member nominated by the employee concerned and an umpire to be nominated by the Visitor. (2) Every such reference shall be deemed to be a submission to arbitration upon the terms of this section within the meaning of the Arbitration Act, 1940-, and all the provisions of that Act, with the exception of S. 2 thereof, shall apply accordingly. (3) The procedure for regulating the work of the Tribunal of Arbitration shall be prescribed by the Statutes. (4) The decision of the.....

The Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act

State: Tamil Nadu

Year: 1955

.....1973 1 SCWR 1 : 1972 Tax LR 581 Followed by Madras High Court in Sriramulu V. Registrar, High Court , 1974 1 MLJ 390 : 88 LW 181 (DB) Court fees Act is a fiscal Act where an adjudication given by a Tribunal could fall within two provisions of the court fees Act, one of which was for the litigant and other more liberal, the court would apply that provision which was beneficial to the litigant " Diwan Brothers V. Central Bank of India and Others AIR 1976 SC 1503 : 1976 3 SCC 800. When plaintiff dexterously couch pleadings with a view to defeat the provisions of the Court fees Act, it is incumbent on the court look into the allegations in the plaint and see what is the substantive relief asked for .- Shamsher Singh V. Rajinder Prasad and Others, AIR 1973 SC 2284 : 1974 1 SCJ 270 : 1973 SCD 844 2. Application of Act " (1) The provisions of this Act shall not apply to " (a) (Proceedings in the Presidency Court of Small Causes, Madras ( omitted ) by Act XLIII of 1979. (b) documents presented or to be presented before an officer serving under the Central Government. (2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under.....

Andhra Pradesh Court Fees and Suits Valuation Act, 1956 Complete Act

State: Central

Year: 1956

.....means prescribed by rules made under this Act; and (iv) expressions used and not defined in this Act or in the Andhra Pradesh General Clauses Act, 1891 (Act I of 1891), but defined in the Code of Civil Procedure, 1908-(Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER 02: LIABILITY TO PAY SECTION 04: LEVY OF FEE IN COURTS AND PUBLIC OFFICES No document which is chargeable with fee under this Act shall- (i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or (ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, except on payment of the fee chargeable in respect of such document under this Act: Provided that a document in respect of which the proper fee has not been paid may be filed or exhibited in a Criminal Court if the Court deems it necessary in the interests of justice to do so. SECTION 05: COLLECTION OF PROPER FEE ON DOCUMENTS When a document on which the whole or any part of the fee payable under this Act has not been paid is produced or received in any Court or public office, the Court or.....

The Pondicherry Court Fees and Suits Valuation Act, 1972 Complete Act

State: Pondicherry

Year: 1972

.....II. 21. Fees to be computed to the nearest multiple of five paise. " In the determination and computation of the amount of fee payable under this Act, any fraction of five paise less than two and a half paise shall be disregarded and any fraction of five paise equal to, or exceeding, two and a half paise shall be regarded as five paise. 22. Suits for money. " In a suit money (including a suit for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically), fee shall be computed on the amount claimed. 23. Suits for maintenance and annuities. - In the suits herein after maintained, fee shall be computed as follows :- (a) in a suit for maintenance, on the amount claimed to be payable for one year; (b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced; (c) in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year: Provided that, where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable: Provided further that a suit.....