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 Appendix A

Title: Pleadings

State: Central

Year: 1908

.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).

Code of Civil Procedure, 1908 Appendix G

Title: Appeal, Reference and Review

State: Central

Year: 1908

.....on the .................... day of .................... 19 ............ the .................... files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:- ...................................................................................................................... ...................................................................................................................... No.9 DECREE IN APPEAL (O. XLI, r. 35) (Title) Appeal No. .................... of 19 ............ from the decree of the Court of .................... dated the .................... day of .................... 19.... Memorandum of Appeal .............................................................................................................Plaintiff. .............................................................................................................Defendant. The ....................above-named appeals to the ............................. Court at .................... from the decree of............................ in the.....

Code of Civil Procedure, 1908 Rule 1 to 21

Title: Summoning and Attendance of Witnesses

State: Central

Year: 1908

.....a summons delivered to a party for service under rule 7A,] shall be served as nearly as may be in the same manner as summons to a defendant and the rules in Order V as to proof of service shall apply in the case of all summonses served under this rule. 9. Time for serving summons Service shall in all cases be made a sufficient time before the time specified in the summons for the attendance of the person summoned, to allow him a reasonable time for preparation and for travelling to the place at which his attendance is required. 10. Procedure where witness fails to comply with summons 7 [(1) Where a person to whom a summons has been issued either to attend to give evidence or to produce a document, fails to attend or to produce the document in compliance with such summons, the Court-- (a) shall, if the certificate of the serving officer has not been verified by affidavit, or if service of the summons has been effected by a party or his agent, or (b) may, if the certificate of the serving officer has been so verified, examine on oath the serving or the party or his agent, as the case may be, who has effected service, or cause him to be so examined by any Court,.....

Code of Civil Procedure, 1908 Appendix F

Title: Supplemental Proceedings

State: Central

Year: 1908

.....for his personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that may be passed against him in the suit. given under my hand and the seal of the Court, this .................... day of .................... 19.../20.... . Judge No. 2 security for appearance of a defendant arrested before judgment (O. XXXVIII, r. 2) (Title) whereas at the instance of ..............., the plaintiff in the above suit, . .................... the defendant, has been arrested and brought before the Court; And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the; Court has ordered, him to furnish such security: Therefore I, .................... have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court that the said defendant shall appear at any time when called upon, while, the suit is pending and until satisfaction, of any decree that may be passed against him in the said suit ; and in default of such appearance I bind Myself; my heirs and executors, to pay to the said.....

Code of Civil Procedure, 1908 Appendix H

Title: Miscellaneous

State: Central

Year: 1908

.....of parties as to issues to be tried (Order XIV, rule 6) (Title) whereas we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the ..................... day of..................... 19........./20....,and filed as Exhibit..................... in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be): We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, ..................... will pay to the said ..................... the sum of Rupees ..................... (or such sum as the Court shall hold to be due thereon), and I, the said ..................... , will accept the said sum of Rupees ..................... (or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said ..................... ., will do or abstain from doing, etc.] .....................................................................................................Plaintiff......

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 .....

Code of Civil Procedure, 1908 Part XI

Title: Miscellaneous

State: Central

Year: 1908

.....from his dictation in open Court. ___________________ 1. For section 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act, 1941 (Assam Act 2 of 1941), section 2. 2. Substituted by Act 4 of 1914, section 2 and Schedule, Pt. I, for "L.G.". Section 139 - Oath on affidavit by whom to be administered In the case of any affidavit under this Code-- (a) any Court or Magistrate, or 1 [(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or] (b) any officer or other person whom a High Court may appoint in this behalf, or (c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent. __________________ 1. Inserted by Act 104 of 1976, section 46 (w.e.f. 1-2-1977). Section 140 - Assessors in causes of salvage, etc. (1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be.....

Code of Civil Procedure, 1908 Section 145

Title: Enforcementof Liability of Surety

State: Central

Year: 1908

.....provided for the execution of decrees, namely:-- (i) if he has rendered himself personally liable, against him to that extent; ( ii ) if he has furnished any property as security, by sale of such property to the extent of the security; (iii) if the case falls both under clauses (i) and (ii), then to the extent specified in those clauses, and such person shall, be deemed to be a party within the meaning of section 47 :] Provided that such notice as the Court in each case thinks sufficient has been given to the surety. _________________ 1. Substituted by Act 104 of 1976, section 49(i), for "has become liable as surety" (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section 49(ii), for certain words (w.e.f. 1-2-1977).