Bare Act Search Results
Home Bare Acts Phrase: interpleadCode of Civil Procedure, 1908 Rule 1 to 6
Title: Interpleader
State: Central
Year: 1908
.....be entitled to any order in the suit. 3. Procedure where defendant is suing plaintiff Where any of the defendants, in an interpleader-suit is actually suing the plaintiff in respect of the subject-matter of such suit, the Court in which the suit against the plaintiff is pending shall, on being informed by the Court in which the interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleader-suit. 4. Procedure at first hearing (1) At the first hearing the Court may-- (a) declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit ; or (b) if it thinks that justice or convenience so require, retain all parties until the final disposal of the suit. (2) Where the Court finds that the admissions of the parties or other evidence enable it to do so, it may adjudicate the title to the thing claimed. (3) Where the admissions of the parties do not enable the Court so.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 88
Title: Where Interpleader-suit May Be Instituted
State: Central
Year: 1908
Interpleader Where two or more persons claim adversely to one another the same debts, sum of money or other properly, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself: Provided that where any suit is pending in which the rights of all parlies can properly be decided, no such suit of interpleader shall be instituted.
View Complete Act List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Section 45
Title: Interpleader Suits
State: Karnataka
Year: 1958
(1) In an interpleader suit, fee shall be payable on the plaint at the rates specified in section 47. (2) Where issues are framed as between the claimants, fee shall be payable computed on the amount of the debt or the money or the market value of other property, movable or immovable, which forms the subject-matter of the suit. In levying such fee, credit shall be given for the fee paid on the plaint; and the balance of the fee shall be paid in equal shares by the claimants who claim the debt or the sum of money or the property adversely to each other. (3) Value for the purpose of determining the jurisdiction of court shall be the amount of the debt, or the sum of money or the market value of other property to which the suit relates.
View Complete Act List Judgments citing this sectionCode 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.....
List Judgments citing this sectionCode of Civil Procedure, 1908 Part IV
Title: Suits in Particular Cases
State: Central
Year: 1908
.....who is for the time being recognized by the Central Government to be the head of that State. (2) Every Court shall take judicial notice of the fact-- (a) that a State has or has not been recognized by the Central Government; (b) that a person has or has not been recognized by the Central Government to be the head of a State. Section 87B - Applications of Sections 85 and 86 to Rulers of former Indian States Suits against Rules of former Indian States 1 [(1) In the case of any suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which arose before the commencement of the Constitution or any proceeding arising out of such suit, the provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign State.] (2) In this section-- (a) "former Indian State" means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this section; 2 [***] 3 [(b) "commencement of the Constitution" means the 26th day of January, 1950; and (c) "Ruler" in relation to a.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix A
Title: Pleadings
State: Central
Year: 1908
.....dayof ........................till the ........................ dayof........................ 4. [Facts showing when the cause ofaction arose and that the Court has jurisdiction.] 5. The value of the subject-matter of the suit for the purpose of jurisdictionis........................ rupees and for the purpose of court-fees is........................rupees. 6. The plaintiff claims ........................ rupees, with interest at........................ per cent, from ........................ the........................ day of ........................ 19.../20......... No.2 moneyoverpaid (Title) A.B.,the above-named plaintiff, states as follows:-- 1. On the ........................ day of ........................ 19 ............/20............ the plaintiff agreed to buy and the defendant agreed tosell ........................ bars of silver at ........................ annasper tola of fine silver. 2. The plaintiff procured the said bars to be assayed by E.F., who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, andthe plaintiff accordingly paid the defendant.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Complete Act
Title: Code of Civil Procedure, 1908
State: Central
Year: 1908
.....101 - Second appeal on no other grounds Section 102 - No second appeal in certain cases Section 103 - Power of High Court to determine issues of fact Section 104 - Orders from which appeal lies Section 105 - Other orders Section 106 - What Courts to hear appeals Section 107 - Powers of appellate Court Section 108 - Procedure in appeals from appellate decrees and orders Section 109 - When appeals lie to the Supreme Court Section 110 - Value of subject matters Section 111 - Bar of certain appeals Section 111A - Appeals to Federal Court Section 112 - Savings Part VIII Section 113 - Reference to High Court Section 114 - Review Section 115 - Revision Part IX - SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER Section 116 - Part to apply only to certain High Courts Section 117 - Application of Code to High Courts Section 118 - Execution of decree before ascertainment of costs Section 119 - Unauthorized persons not to address Court Section 120 - Provisions not applicable to High Court in original civil jurisdiction Part X Section 121 - Effect of rules in First Schedule Section 122 - Power of certain High Courts to make.....
List Judgments citing this sectionKarnataka Court-fees and Suits Valuation Act, 1958 Chapter IV
Title: Computation of Fee
State: Karnataka
Year: 1958
.....fifty", . w.e.f. 1-4-1982. Section 25 - Adoption suits In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates: (a) 1[xxx] In a Court of Munisiff2[xxx] when the market value of the property involved in or affected by the relief does not exceed Rs. 5,000 Rupees Twenty-five (b)(i) In the Court of3[Munsiff] when the market value of the property involved in or affected by the relief exceeds rs. 5,000 and Rupees one hundred if the market value of the property involved in or affected by the relief is Rs. 15,000 or less and (ii) In any Court other than the Court specified in (a)4[xxx] rupees two hundred and fifty if it is above Rs. 15,000 ____________________ 1. The brackets and figure "(i)" Omitted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1-11-1973. 2. The words, figures and brackets "or District Munsiff; and (ii) In a Court of Civil Judge, Junior Division" Omitted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1-11-1973. 3. Substituted for the words "Civil Judge, Junior Division" by the.....
View Complete Act List Judgments citing this sectionPondicherry Courtfees and Suits Valuation Act, 1972 Complete Act
State: Central
Year: 1972
.....whichever is higher. SECTION 26 : Adoption suits In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates, namely:- (i) In a District Munsif's Court, Rupees fifty. (ii) In a Sub-Court or District Court, Rupees one hundred if the market value of the property involved in or affected by the relief is Rs. 10,000 or less and rupees five hundred if it is above Rs. 10,000. SECTION 27 : Suits for injunction In a suit for injunction- (a) where the relief sought is with reference to any immovable property, and (i) where the plaintiff alleges that his title to the property is denied, or (ii) where an issue is framed regarding the plaintiffs title to the property, fee shall be computed on one-half of the market value of the property or on rupees three hundred, whichever is higher; (b) where the prayer relates to the plaintiff's exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right, fee shall be computed on the amount at which the relief sought is valued in plaint or on rupees.....
List Judgments citing this sectionThe Kerala Court Fees and Suits Valuation Act, 1959[1]act 10 of 1960 Complete Act
State: Kerala
Year: 1959
.....one thousand] whichever is higher; 26.Adoption Suits.-In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates:- [9][(i) In a Munsiff's Court Rupees fifty if the market value of the property involved in or affected by the relief is Rs.5000 or less Rupees one hundred and fifty if it exceedsRs.5000 but does not exceed Rs.15,000 (ii) In a Sub-Court or a District Court Rupees five hundred.] 27.Suits for injunction.-In a suit for injunction- (a)where the relief sought is with reference to any immovable property, and (i)where the plaintiff alleges that his title to the property is denied, or (ii)where an issue is framed regarding the plaintiff's title to the property. fee shall be computed on one-half of the market value of the property or on [10][rupees five hundred] which ever is higher; (b)where the prayer relates to the plaintiff's exclusive right to use, sell, print or exhibit any mark, name, book picture, design or other thing and is based on an infringement of such exclusive right, fee shall be computed on the amount at which the.....
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