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 Rule 1 to 8

Title: Commissions to Examine Witnesses

State: Central

Year: 1908

.....service of the Government] who cannot, in the opinion of the Court, attend without detriment to the public service: 4 [Provided that where, under rule 19 of Order XVI, a person, cannot be ordered to attend a Court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interest of justice: Provided further that a commission for examination of such person on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.] (2) Such commission may be issued to any Court, not being a High Court, within the local limits of whose jurisdiction such person resides, or to any pleader or other person whom the Court issuing the commission may appoint. (3) The Court on issuing any commission under this rule shall direct whether the commission shall be returned to itself or to any subordinate Court. 5 [4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court Notwithstanding anything contained in these rules, any Court may, in the interest of justice or for the expeditious disposal of the case or for any other reason, issue.....

Registration Act, 1908 Complete Act

State: Central

Year: 1908

.....after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:- (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 12[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of.....

Registration Act, 1908 Part VI

Title: Of Presenting Documents for Registration

State: Central

Year: 1908

.....referred to in section 19 presented for registration shall be accompanied by such number of duplicate copies thereof as may be prescribed by rules under section 69. (2) The duplicate copy shall-- ( a) be neat and legibly typed or handwritten, as the case may be, on paper of such specification as may be notified by the State Government from time to time; (b) contain a declaration that the same is a true copy of the document to be registered in such manner as may be prescribed by rules under section 69; (c) be compared and verified by such official as may be directed by the Registering Officer; (d) be separately bound and permanently kept in such manner as may be prescribed by rules under section 69." 3Uttar Pradesh: After section 32, the following section shall be inserted, namely:-- "32A. Giving of true photostat copies of documents prescribed for registration.-- Notwithstanding anything contained in this Act, in such areas as may be notified by the State Government, every document or any translation of documents referred to in section 19 presented for registration shall be accompanied by such number of true photostat copies thereof, as may be prescribed.....

Registration Act, 1908 Section 33

Title: Power-of-attorney Recognizable for Purposes of Section 32

State: Central

Year: 1908

..... (4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf. ________________________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States" (w.e.f. 1-4-1951). 2. Substituted by Act 3 of 1951, section 3 and Schedule, for "resides in any other part of the States" (w.e.f. 1-4-1951). 3. Substituted by the A.O. 1950, for "British". 4. The words "of His Majesty or" omitted by the A.O. 1950. 5. Inserted by Act of 1951, section 3 and Schedule (w.e.f. 1-4-1951).

Registration Act, 1908 Part VII

Title: Of Enforcing the Appearance of Executants and Witnesses

State: Central

Year: 1908

..... 1. Substituted by the A.O. 1950, for "Provincial Government". 2. Vide Act 11 of 1960, section 87; Gujarat A.L.O., I960. 3. Vide Bombay Act 5 of 1929, section 6 (w.e.f. 22-5-1929) read with Bombay Act 35 of 1958, section 2 (w.e.f. 24-4-1958). Section 37 - Officer or Court to issue and cause service of summons The officer or Court, upon receipt of the peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required. Section 38 - Persons exempt from appearance at registration-office (1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or (b) a person in jail under civil or criminal process, or (c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear. (2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a.....

Registration Act, 1908 Section 38

Title: Persons Exempt from Appearance at Registration-office

State: Central

Year: 1908

(1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or (b) a person in jail under civil or criminal process, or (c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, shall not be required so to appear. (2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Attendance of Witnesses Confined or Detained in Prisons

State: Central

Year: 1908

.....is satisfied that the examination of such person on commission will not be adequate. 3. Expenses to be paid into Court (1) Before making any order under rule 2, the Court shall require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, including the travelling and other expenses of the escort provided for the witness. (2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made by the High Court in that behalf. 4. Power of State Government to exclude certain persons from the operation of rule 2 (1) The Stale Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the State Government, shall have effect in respect of such person.....

Code of Civil Procedure, 1908 Rule 1 to 16

Title: Suits by or Against Minors and Persons of Unsound Mind

State: Central

Year: 1908

..... 3. Guardian for the suit to be appointed by Court for minor defendant (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. (4) No order shall be made on any application under this rule except upon notice 2[***] to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, 3[upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian] of the minor, or, where there is 1b[no father, mother or other natural guardian], to the person in whose care the minor is, and after, hearing any objection which may be urged on behalf of any person.....