Bare Act Search Results

Limitation Act, 1963 (36 of 1963) Section 21

Title: Effect of Substituting or Adding New Plaintiff or Defendant

State: Central

Year: 1963

(1) Where after the institution of a suit, a new plaintiff or, defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

Waste Lands (Claims) Act, 1863 Section 10

Title: Plaintiff and Defendant in Suit Under Section 5

State: Central

Year: 1863

In every suit instituted under section 5 of this Act, the claimant of the waste land, or objector to the sale or other disposition of such land, shall appear as plaintiff; and the Collector, or other officer aforesaid, shall appear as defendant on the part of {Subs.by the A.O.1937 for " Govt."}[the State Government]. Appearance.- Either party may appear by pleader or by agent: Proviso.- Provided that if such other officer as aforesaid be the presiding officer of the principal Civil Court of original jurisdiction in the district, the State Government shall appoint some other officer to appear as defendant in the case on its behalf. Plaintiff and defendant in suits under section 6.- In any suit ordered to be instituted {The words " by the L.G." rep.by Act 4 of 1914, Sch., Pt.I.} under section 6 of this Act, {Subs.by the A.O.1937 for " Govt."}[the State Government] by any officer, to be appointed for the purpose, shall appear as plaintiff; and the claimant or objector as aforesaid shall appear as defendant.

Presidency Small Cause Courts Act, 1882 Section 26

Title: Compensation Payable by Plaintiff to Defendant in Certain Cases

State: Central

Year: 1882

.....not obtain a decree for the full amount of his claim, the Small Cause Court may in its discretion order the plaintiff to pay to the defendant, by way of satisfaction for his trouble and attendance, such sum as it thinks fit. When any claim preferred, or objection made, under section 278 of the Code of Civil Procedure (14 of 1882){See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Schedule I, Order XXI, rule 58} is disallowed, the Small Cause Court may in its discretion order the person preferring or making such claim or objection to pay to the decree-holder, or to the judgment-debtor, or to both by way of satisfaction as aforesaid, such sum or sums as it thinks fit. And when any claim or objection is allowed the Court may award such compensation by way of damages to the claimant or objector as it thinks fit; and the order of the Court awarding or refusing such compensation shall bar any suit in respect of injury caused by the attachment.Any order under this section may, in default of payment of the amount payable thereunder, be enforced by the person in whose favour it is made against the person against whom it is made as if it were a decree of the Court.

Parsi Marriage and Divorce Act, 1936 Section 33

Title: Joining of Co-defendant

State: Central

Year: 1936

In every such suit for divorce on the ground of adultery, the plaintiff shall, unless the Court shall otherwise order, make the person with whom the adultery is alleged to have been committed a co-defendant, and in any such suit by the husband the Court may order the adulterer to pay the whole or any part of the costs of the proceedings.

Parsi Marriage and Divorce Act, 1936 Section 37

Title: Counter Claim by Defendant for Any Relief

State: Central

Year: 1936

In any suit under this Act, the defendant may make a counter- claim for any relief he or she may be entitled to under this Act.

Presidency Small Cause Courts Act, 1882 Section 18A

Title: Plaintiff May Abandon Suit Against Defendant Resident out of Jurisdiction

State: Central

Year: 1882

The Small Cause Court may allow a plaintiff at or before the first hearing of a suit in which a joint and several liability is alleged on a cause of action arising either wholly or in part within the local limits of the jurisdiction of the Court to abandon the suit as against any defendant who does not reside or carry on business or personally work for gain within such local limits, and to sue for a decree against such defendants only as do so reside, carry on business or personally work for gain.

Code of Civil Procedure, 1908 Rule 1 to 18

Title: Suits by Indigent Persons

State: Central

Year: 1908

.....in opposing his application for leave to sue as an 2[indigent person]. 4g[15A. Grant of time for payment of court-fee Nothing contained in rule 5, rule 7 or rule 15 shall prevent a Court, while rejecting an application under rule 5 or refusing an application under rule 7, from granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court or extended by it from time to time; and upon such payment and on payment of the costs referred to in 14[***] rule 15 within that time, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an indigent person was presented.] 16. Costs The costs of an application for permission to sue as an 2[an indigent person] and of an inquiry into indecency shall be costs in the suit. 4h[17. Defence by an indigent person Any defendant, who desire to plead a set-off or counter-claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint.] 4h[18. Power of Government to provide for free legal.....

INDIAN COUNCILS ACT, 1871 Section 2

Title: Committal of defendant (being an European 'British subject) to the High Court (Indian Act No. 25 of 1861, s. 226)

State: Central

Year: 1871

When evidence has been given in any proceeding under this Act before a magistrate, being a Justice of the peace, which appears to be sufficient for the conviction of the accused person, being an European British subject, of an offence for which, if a native, he would under existing law be triable exclusively before the Court of Session, or which, in the opinion of the Magistrate, is one which ought to be tried by the High Court, the accused person, if such European British subject, shall be sent for trial by the Magistrate before the High Court.

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....

The Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act

State: Tamil Nadu

Year: 1955

.....that the prescribed fee has not been paid to the Administrator General in his official capacity on his giving an undertaking to the satisfaction of the Court that the said fee will be paid within such time a may be fixed by the court. NOTES Actual grant of probate or letters of Administration only after the payment of requisite duty " AIR 1938 MAD 486; Paper proceedings are exempt, as the government has a charge upon the subject matter of grant pursuant to O 33 R 10 CPC " (1937) 2 MLJ 899; 58. Relief in cases several grants " (1) Whenever a grant of probate or letters of administration has been made in respect of the whole of the property belonging to an estate, and the full fee payable under this Act in respect of the application for such grant has been paid thereon, no fee shall be payable when a like grant is made in respect of the whole or any part, of the same property belonging to the same estate. (2) Whenever such grant has been made in respect of any property forming part of an estate, the amount of fee actually paid under this Act in respect thereof shall be deducted when a like grant is made in respect of the property belonging to the same.....