Bare Act Search Results

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Reference

State: Central

Year: 1908

.....the opinion of the subordinate Court with respect to the nature of the suit to be erroneous. (2) On receiving the record and statement the High Court may make such order in the case as it thinks fit. (3) With respect to any proceedings subsequent to decree in any case submitted to the High Court under this rule, the High Court may make such order as in the circumstance appears to it to be just and proper. (4) A Court subordinate to a District Court shall comply with any requisition which the District Court may make for any record or information for the purposes of this rule. ______________________ 1. Inserted by Act 24 of 1951, section 2 (w.e.f. 1-5-1951).

Code of Civil Procedure, 1908 Part VIII

Title: Reference, Review and Revision

State: Central

Year: 1908

.....the High Court or to any Court subordinate thereto. 4[(3) A revision shall not operate as a stay Of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.] 3[Explanation.-In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.] _________________ 1. Section 115 re-numbered as sub-section (1) of that section by Act 104 of 1976, section 43 (w.e.f. 1-2-1977). 2. Substituted by Act 46 of 1999, section 12(i), for the proviso (w.e.f. 01-07.2002). Earlier the proviso was Inserted by Act 104 of 1976 , section 43(a) (w.e.f. 01-02-1977) 3. Inserted by Act 104 of 1976, sec 43(b) (w.e.f. 1-2-1977). 4. Inserted by Act 46 of 1999, sec. 12(ii) (w.e.f. 1-7-2002).

Code of Civil Procedure, 1908 Section 113

Title: Reference to High Court

State: Central

Year: 1908

Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit: 1 [Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court. Explanation.-In this section, "Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.] ________________ 1. Added by Act 24 of 1951, sec. 2 (w.e.f. 1-4-1951).

Code of Civil Procedure, 1908 Section 158

Title: Reference to Code of Civil Procedure and Other Repealed Enactments

State: Central

Year: 1908

In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Charter or section of Act 8 of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule.

Registration Act, 1908 Section 22

Title: Description of Houses and Land by Reference to Government Maps or Surveys

State: Central

Year: 1908

.....of section 21, be so described. (2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property. STATE AMENDMENTS 2Delhi: Same as in Punjab. 3Gujarat: Same as that of Maharashtra. 4Maharashtra: In section 22, for sub-section (2), substitute the following, namely:-- "(2) Except in the case of city surveyed areas and except as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property." 5Punjab, Haryana, Chandigarh: In section 22, in sub-section (1), omit the words "not being houses in towns". Section 22A 6Andhra Pradesh: After section 22, the following section shall be inserted:-- "22A. Documents registration of which is opposed to public policy.--(1) The State Government may, by.....

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.....

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.....

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.....

Registration Act, 1908 Part XI

Title: Of the Duties and Powers of Registering Officers

State: Central

Year: 1908

.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....