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The Madras Estates Land Act, 1908 Complete Act

State: Kerala

Year: 1908

THE MADRAS ESTATES LAND ACT, 1908 THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Chapter I - PRELIMINARY THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Section 1 - Short title, Commencement, Local extent This Act may be called the Madras Estates Land Act, 1908: It shall come into force on the first day of July 1908: and it shall extend to the whole of the Presidency of Madras except the Presidency Town, the district of Malabar and the portion of the Nilgiri district known as the South East Wynaad. Section 2 - Repeal Madras Acts VIII of 1865 and II of 1871 and section 7 of Madras Act.....

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 1 to 18

Title: Pleading Generally

State: Central

Year: 1908

.....to state material facts and not evidence (1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved. (2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph. (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words]. 3. Forms of pleading The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings. 4. Particulars to be given where necessary In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading. 5. Further and better statement, or particulars Rep. by the Code.....

Ports Act, 1908 Complete Act

State: Central

Year: 1908

.....been preserved. The only clause which in any way alters the law at at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by S.228 of the Merchant Shipping Act, 1854 to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict.. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment. The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation. The schedule has been amended accordingly........"- Gaz. of Ind.. 1908, Part V. page 309.An Act to condolidate the enactments.....

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon

State: Central

Year: 1908

.....proposition of fact or law is affirmed by the one party and denied by the other. (2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. (3) Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. (4) issues are of two kinds: (a) issues of fact, (b) issues of law. (5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and 1 [after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend. (6) Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defence. 2 [2. Court to pronounce judgment on all issues (1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to.....

Explosive Substances Act, 1908 Section 2

Title: Definitions: in This Act

State: Central

Year: 1908

.....in the Official Gazette, specify tor the purposes of this Act. _________________________ 1. Substituted by The Explosive Substance (Amendment) Act, 2001. Prior to substitution sections 2 to 5 read as under: "2. Definition of "explosive substance". --In this Act the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substances; also any part of any such apparatus, machine or implement. 3. Punishment for causing explosion likely to endanger life or property.--Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with transportation for life or any shorter term, to which fine may be added, or with imprisonment for a term which may extend to ten years, to which fine may be added. 4. Punishment for attempt to cause explosion, or for making or keeping.....

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 B

Title: Process

State: Central

Year: 1908

.....to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons ; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the ...... day of ..... 19..../20....., is now fixed for the hearing of the same; in default of your appearance on the last mentioned the suit will be heard and determined in your absence. given under my hand and the seal of the Court, this ..... day of .....19...../20..... Judge. No. 13 summons to witness (O. XVI, rr. 1, 5) (Title) To ....................................... [Name, description and place of residence] whereas your attendance is required to ............................................. on behalf of the .................................................................................... in the above suit, you are hereby required [personally] to appear before this Court on the ............... day of................ 19....../20....., at ................

Indian Ports Act, 1908 Section 11

Title: Recovery of Expenses of Removal

State: Central

Year: 1908

.....timber, raft or other thing, or the person who has caused any such obstruction, impediment or public nuisance as is mentioned in the last foregoing section, neglects to pay the reasonable expenses incurred in the removal thereof, within one week after demand, or within fourteen days after such removal has been notified in the Official Gazette or in such other manner as the1[Government] by general or special order directs, the conservator may cause such timber, raft or other thing, or the materials of any public nuisance so removed, or so much thereof as may be necessary, to be sold by public auction; and may retain all the expenses of such removal and sale out of the proceeds of the sale, and shall pay the surplus of such proceeds, or deliver so much of the thing or materials as may remain unsold, to the person entitled to receive the same; and, if no such person appears, shall cause the same to be kept and deposited in such manner as the1[Government] directs; and may, if necessary, from time to time, realize the expenses of keeping the same, together with the expenses of sale, by a further sale of so much of the thing or materials as may remain unsold. .....

Explosive Substances Act, 1908 Complete Act

State: Central

Year: 1908

.....arms. is also inadequate in respect of both of the penalties it allows and the scope of its provisions for dealing promptly with preparations to manufacture bombs and other explosives. The Penal Code provides for the punishment of persons who cause hurt or mischief by means of explosive substances and it also deals with attempts to cause hurt or mischief but only when any act towards the commission of the offence is actually done. But it does not provide any penalty for making or possessing explosive substances with unlawful intent and it does not in other cases always provide such severe penalties as are requisite. The Governor-General in Council, therefore, considers it necessary to supplement the existing law by an Act on the lines of the English Explosive Substances Act, 1883, which was enacted for the expressed purpose of dealing with anarchist crimes. The Bill which has been drafted to give effect to this decision provides for a punishment of any person who causes an explosion likely to endanger life or property, or who attempts to cause such an explosion, or makes or has in his possession any explosive substance with intent to endanger life or property. It further makes.....