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

.....Inserted by act 104 of 1976, section 81(xiii) (w.e.f. 1-2-1977). 5. The provisions of this rule so far as it relates to the making of the memorandum are not applicable to the Chief Court of Oudh, see Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16 (2). 6. Substituted by Act 104 of 1976, section 81 for "a memorandum of the substance of their evidence" (w.e.f. 1-2-1977). 7. Substituted by Act 104 of 1976, section 81(vii)(c), for "as herein provided" (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 81(viii), for "(other than fees payable for service of process)" (w.e.f. 1-2-1977). 9. Substituted by the A.O. 1950, for "Provincial Government" which had been Substituted by the A.O. 1937, for "Government". 10. Inserted by Act 24 of 1942, section 2. 11. Substituted by Act 24 of 1942, section 2 for "or rule 11". 12. Substituted by Act 24 of 1942, section 2, for rule 14. 13. Substituted by Act 104 of 1976, section 81(xi), for Provided that he first pays" (w.e.f. 1-2-1977). 14. The words "sub-rule (2) of" Omitted by Act 19 of 1988, section 3 Second Schedule.

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

.....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.....

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

State: Tamil Nadu

Year: 1955

.....1973 1 SCWR 1 : 1972 Tax LR 581 Followed by Madras High Court in Sriramulu V. Registrar, High Court , 1974 1 MLJ 390 : 88 LW 181 (DB) Court fees Act is a fiscal Act where an adjudication given by a Tribunal could fall within two provisions of the court fees Act, one of which was for the litigant and other more liberal, the court would apply that provision which was beneficial to the litigant " Diwan Brothers V. Central Bank of India and Others AIR 1976 SC 1503 : 1976 3 SCC 800. When plaintiff dexterously couch pleadings with a view to defeat the provisions of the Court fees Act, it is incumbent on the court look into the allegations in the plaint and see what is the substantive relief asked for .- Shamsher Singh V. Rajinder Prasad and Others, AIR 1973 SC 2284 : 1974 1 SCJ 270 : 1973 SCD 844 2. Application of Act " (1) The provisions of this Act shall not apply to " (a) (Proceedings in the Presidency Court of Small Causes, Madras ( omitted ) by Act XLIII of 1979. (b) documents presented or to be presented before an officer serving under the Central Government. (2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under.....