Bare Act Search Results

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 Civil Procedure, 1908 Rule 41 to 57

Title: Attachment of Property

State: Central

Year: 1908

.....by Act 26 of 1939, section 2, for certain words. 7. Substituted by Act 104 of 1976, section 72(xix)(b), for sub-rule (3) (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 72(xix)(c), for Explanation (w.e.f. 1-2-1977). 9. Substituted by Act 2 of 1951, section 3, for "the States." 10. Substituted by Act 104 of 1976, section 72(xxi)(a), for section 247 of the Indian Contract Act, 1872 (9 of 1872)" (w.e.f. 1-2-1977). 11. Substituted by Act 104 of 1976, section 72(xxii)(a), for sub-clause (ii) (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 72, for rule 57 (w.e.f. 1-2-1977). 13. Inserted by Act 104 of 1976, section 72(xx) (w.e.f. 1-2-1977). 14. Inserted by Act 104 of 1976, section 72(xxi) (b) (w.e.f. 1-2-1977). 15. Inserted by Act 104 of 1976, section 72(xxiii)(a) (w.e.f. 1-2-1977). 16. Inserted by Act 104 of 1976, section 72(xxiii)(b) (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Part X

Title: Rules

State: Central

Year: 1908

..... 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General". Section 127 - Publication of rules Rules so made and1[approved] shall be published in the2[Official Gazette], and shall from the dale of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. ___________________ 1. Substituted by Act 24 of 1917, section 2 and Schedule 1, for "sanctioned". 2. Substituted by the A.O. 1937, for "Gazette of India or in the local official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant. Section 128 - Matters for which rules may provide (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),.....

Code of Civil Procedure, 1908 Section 128

Title: Matters for Which Rules May Provide

State: Central

Year: 1908

.....any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely: (a) the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service; (b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale; (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction ; (d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts; (e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not; (f) summary procedure (i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising .....