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Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

.....before the ............ day of .......... and that the .............3 docertify the result of the injuries, and the accounts, and that all other actsordered are completed, and have his certificate in that behalf ready for theinspection of the parties on the ..... day of ..... 15. And, lastly, it is orderedthat this suit [or proceedings] stand adjourned for making final decree to the..... day of ..... [Such part only of this decreeis to be used as is applicable to the particular case.] No. 18 finaldecree in an administration-suit by a legatee (Title) 1. It is ordered that thedefendant ..... do, on or before the ..... day of ..... pay into Court the sumof Rs. ..... the' balance by the said certificate found to be due from the saiddefendant on account of the estate of ..... the testator and also the sum ofRs. ..... for interest, at the rate of Rs. ..... per cent per annum, from the..... day of ..... to the ..... day of ..... amounting together to the sum ofRs. ..... 2. Let the ............3 of the saidCourt tax the costs of the plaintiff and defendant in this suit, and let theamount of the said costs, when so taxed, be paid out of the said sum of Rs...... ordered.....

Oudh Laws Act, 1876 Complete Act

State: Central

Year: 1876

.....as renters land liable to sale in execution of a decree shall be subject to the following restrictions :- No ancestral land shall be sold in satisfaction of a decree without the permission of the17[State Government]. SECTION 21: APPOINTMENT OF MANAGER OF LAND ATTACHED [Repealed by the Oudh Civil Courts Act, 1879 (13 of 1879).] SECTION 22: SERVICE OF PROCESS WITHIN JURISDICTION OF LUCKNOW CIVIL COURT Notwithstanding anything contained in the said Code, any Civil Court sitting within the local limits of the jurisdiction of the Lucknow Civil Court but exercising jurisdiction beyond such limits, may cause summonses, warrants, notices and other processes to be served within the local limits of the jurisdiction of the Lucknow Civil Court without causing the same processes to be served through such Court. SECTION 23: SECTION SUBSTITUTED FOR ACT 19 OF 1868, SECTION 109 [Repealed by the Oudh Rent Act, 1886 (22 of 1886). ] SECTION 24: SECTION SUBSTITUTED FOR ACT 19 OF 1868, SECTION 118 - [Repealed by the Oudh Rent Act, 1886 (22 of 1886).] SECTION 25: RIGHT OF OCCUPANCY IN JUDGMENT JUDGMENT--DEBTOR'S SIR LAND - [Repealed by the Ouch Rent Act, 1886Amendment Act, 1901 (U.P. 4 of 1901).].....

Oudh Laws Act, 1876 Part III

Title: Part Iii

State: Central

Year: 1876

.....1908) as renders land liable to sale in execution of a decree shall be subject to the following restriction:No ancestral land shall be sold in satisfaction of a decree without the permission of the State Government. Explanation.In this section the words " ancestral land " mean- (a) land forming a mahal or share in or portion of a mahal, which has been owned continuously from the conclusion of the first regular settlement by the proprietor, which term shall include an under-proprietor as defined in section 4, clause (15), of the United Provinces Land revenue Act, 1901, (U.P.3 of 1901) or by the person or persons from whom such proprietor has directly or indirectly inherited such land; (b) land forming an estate or part of an estate as defined in the Oudh Estates Act, 1869; (c) land conferred by the British Government as a reward for services rendered to the State on the owner or on a person from whom such owner has directly or directly inherited such land; or (d) the interest of the holder of a grant of land revenue conferred by the British or any former Government on him or on a person from whom he has directly or indirectly inherited such interest.] Section 21 -.....

Oudh Laws Act, 1876 Chapter II

Title: Pre-emption

State: Central

Year: 1876

.....right on any of the following grounds (namely) :- (a) that no due notice was given as required by section 10; (b) that tender was made under section 11 or section 12 and refused; (c) in the case of a sale, that the price stated in the notice was not fixed in good faith; (d) in the case of a mortgage, that the amount claimed by the mortgagee was not really due on the footing of the mortgage and was not claimed in good faith, and that it exceeds the fair market-value of the property mortgaged, {Ins.by s.6, ibid.} [or the portion of the property mortgaged in respect of which he possesses the right of pre-emption, as the case may be]. If, in the case of a sale, the Court finds that the price was not fixed in good faith, the ours shall fix such price as appears to it to be the fair market-value of the property sold, {Ins.by s.6, ibid.} [or the portion of the property sold in respect of which he possesses the right of pre-emption, as the case may be]. If, in the case of a mortgage the Court finds that the amount claimed by the mortgagee was not really due on the footing of the mortgage, and that it was not claimed in good faith and that it exceeds the fair market-value.....

Oudh Laws Act, 1876 Section 10

Title: Notice to Pre-emptors

State: Central

Year: 1876

When any person proposes to sell any property, or when he forecloses a mortgage upon any property, in respect of which any persons have a right of pre-emption, he shall give notice to the persons concerned of the price at which he is willing to sell such property, or of the amount due in respect of such mortgage, as the case may be: {The proviso ins.by s.3, ibid.} [Provided that, where a person has a right of pre-emption in respect of a portion only of the property proposed to be sold or foreclosed, the notice to such person shall specify the proportionate amount of the price or the proportionate amount due in respect of such mortgage at which the person proposing to sell or foreclose is willing to sell or redeem such portion of the property, as the case may be.] Such notice shall be given through the Court within the local limits of whose jurisdiction the property or any part thereof is situate, and shall be deemed sufficiently given if it be stuck up on the chaupal or other public place of the village or city in which the property is situate.

The Tamil Nadu Agriculturists Relief Act, 1938 Complete Act

State: Tamil Nadu

Year: 1938

.....of Court to reject certain claim. 25. Alienation by debtors. 25-A. Appeals. 26. District Collector to furnish information as to certain facts. 27. Executive Authorities of Local Bodies to furnish information as to certain facts. 28. Power to make rules. An act to provide for the relief of indebted agriculturists in the (Extended to the merged State of Pudukkottai by Section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act 1949 (Tamil Nadu Act XXXV of 1949). "This Act as was in force immediately before the date of the publication of the Tamil Nadu Agriculturists Relief (Amendment) Act, 1932 (Tamil Nadu Act 8 of the 1973) in the State of Tamil Nadu except in the transferred territory and as amended by the latter Act was extended to the transferred territory by Section 25 of that Act). [State of Tamil Nadu]. WHEREAS it is expedient to provide for the relief of indebted agriculturists in the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969). [State of Tamil Nadu]; It is hereby enacted as follows:- CHAPTER I Preliminary 1. SHORT TITLE -" This Act.....

Court-fees Act, 1870 Chapter III

Title: Fees in Other Courts and in Public Offices

State: Central

Year: 1870

.....a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground of mistake in law or fact, the applicant shall be entitled to a certificate from the Court authorizing him to receive back from the Collector so much of the fee paid on the1[application] as exceeds the fee payable on any other application to such Court under the Second Schedule to this Act, No. 1, clause (b) or clause (d). But nothing in the former part of this section shall entitle the applicant the applicant to such certificate where the reversal or modification is due, wholly or in part, to fresh evidence which might have been produced at the original hearing. _____________________ 1. Substituted by Act 20 of 1870, see. 1, for "plaint or memorandum of appeal". Section 16 - Refund of fee 1[16. Refund of fee.-- Where the court refers the parties to the suit to any one of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the plaintiff shall be entitled to a certificate from the court authorising him to receive back from the collector, the full amount of the fee paid.....

Court-fees Act, 1870 Section 7

Title: Computation of Fees Payable in Certain Suits

State: Central

Year: 1870

.....by the landlord, and (f) for abatement of rent-- according to the amount of the rent of the4[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint. _________________________ 1. The words "and the provision of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word 'claim,' the words 'relief sought' were substituted" rep. by Act 12 of 1891, Section 2 and Schedule I. 2. See paragraph 8 of the A.O. 1937. In view of this provision the expression "Govemor of Bombay in Council" has been left unmodified. 3. Inserted by Act 6 of 1905, Section 2(1) 4. Substituted by Section 2(2), by Act 6 of 1905, for "land".

Oudh Laws Act, 1876 Section 9A

Title: When a Suit for Pre-emption Lies

State: Central

Year: 1876

{S.9A ins.by U.P.Act 15 of 1939, s.2.} No suit shall lie for enforcing a right of pre-emption under this Act in respect of a portion only of the property sold or foreclosed: Provided that, where the plaintiff has a right of pre-emption in respect of only a portion of the property sold or foreclosed, then notwithstanding anything to the contrary contained in any enactment a suit for the pre-emption of that portion only shall lie and the plaintiff shall have to pay the proportionate price or the proportionate amount due in respect of such mortgage for such portion of the property as the case may be.]

Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....of the receiverwas valid or not. (6) The receiver shall be entitledto retain out of any money received by him, for his remuneration, and insatisfaction of all costs, charges and expenses incurred by him as receiver, acommission at such rate not exceeding five per cent, on the gross amount of allmoney received as is specified in his appointment, and, if no rate is sospecified, then at the rate of five per cent. on that gross amount, or at suchother rate as the Court thinks fit to allow, on application made by him for thatpurpose. (7) The receiver shall, if sodirected in writing by the mortgagee, insure to the extent, if any, to which themortgagee might have insured, and keep insured against loss or damage by fire,out of the money received by him, the mortgaged property or any part thereofbeing of an insurable nature. (8) Subject to the provisions ofthis Act as to the application of insurance money, the receiver shall apply allmoney received by him as follows, namely. - (i) in discharge of all rents,taxes, land revenue., rates and outgoings whatever affecting the mortgagedproperty; (ii) in keeping down all annualsums or other payments, and the interest on all principal.....