Bare Act Search Results

Code 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.....

Code 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.

Karnataka 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.

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 Part IV

Title: Suits in Particular Cases

State: Central

Year: 1908

.....prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler. (2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler. (3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto. Section 86 - Suits against foreign Rulers, Ambassadors and Envoys (1) No 1 [***] foreign State may be sued in any Court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government: Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid 2[a foreign State] from whom he holds or claims to hold the property. (2) Such consent may be given with respect to a specified suit or to several.....

Pondicherry Courtfees and Suits Valuation Act, 1972 Complete Act

State: Central

Year: 1972

.....SECTION 21 : Fees to be computed to the nearest multiple of five paise In the determination and computation of the amount of fee payable under this Act any fraction of five paise less than two and a half paise shall be disregarded and any fraction of five paise equal to, or exceeding two and a half paise shall be regarded as five paise. SECTION 22 : Suits for money In a suit for money (including a suit for damage compensation, or arrears of maintenance, of annuities, or of other sums payable periodic fee shall be computed on the amount claimed. SECTION 23 : Suits for maintenance and annuities In the suits hereinafter mentioned, fee shall be computed as follows:- (a) in a suit for maintenance, on the amount claimed to be payable for one year; (b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced; (c) in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year: Provided that, where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable: Provided further that a suit for.....

Rajasthan Courtfees & Suits Valuation Act, 1961 Complete Act

State: Rajasthan

Year: 1961

RAJASTHAN COURT-FEES & SUITS VALUATION ACT, 1961 RAJASTHAN COURT-FEES & SUITS VALUATION ACT, 1961 (Act No.23 of 1961) (Amended by Rajasthan Act No.3 of 1962, 5 of 1977, 7 of 1987, 26 of 1951 and 16 of 1990. Received the assent of the President on the 26th day of August, 1961) PREAMBLE An Act to amend and consolidate the law relating to court-fees and valuation of suits in the State of Rajasthan. BE it enacted by the Rajasthan State Legislature in the Twelfth Year of the Republic of India as follows:-- Chapter-I Preliminary 1. Short title, extent and commencement:- (1) This Act may be called the Rajasthan Court-fees and Suits Valuation Act, 1961. (2) It extends to the whole of the State of Rajasthan. (The Act has come into force (w.e.f. 1-11-1961), vide Notification No. F-5(108) E&T/58, dated 25th October, 1961, published in Rajasthan Rajpatra, Pt N(c) dated 25th October, 1961.) (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. Application of Act:- (1) The provisions of this Act shall not apply to documents resented or to be presented before an officer serving under.....

The Kerala Court Fees and Suits Valuation Act, 1959[1]act 10 of 1960 Complete Act

State: Kerala

Year: 1959

.....means prescribed by rules made under this Act; and iv)expressions used and not defined in this Act or in the Interpretation and General Clauses Act, 1125 (Act VII of 1125), but defined in the Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER II LIABIALITY TO PAY FEE. 4.Levy of fee in Courts and public offices.-No document which is chargeable with fee under this Act shall- i)be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or ii)be filed, exhibited or recorded in any public office or be acted on or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated as chargeable under this Act: Provided that, whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is in the opinion of the Court necessary to prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such filing or exhibition. [2]["4A. Levy of fee at the time of institution of suit.- Notwithstanding.....

Karnataka Court-fees and Suits Valuation Act, 1958 Chapter IV

Title: Computation of Fee

State: Karnataka

Year: 1958

..... 2. Omitted by Act No. 10 of 2003, w.e.f. 1-4-2003 Previous Reference: (3) In suits in Tahsildar's courts under the Bombay Mamlatdar Courts Act, 1906 (Bombay Act II of 1906), the fee payable shall be one rupee and fifty naye paise. (4) In suits and applications under '[the Bombay Land Revenue Code, 1879 (Bombay Act V of 1879) and under the Hyderabad Land Revenue Act 131F (Hyderabad Act VIII of 1317 Fasli,] the fee payable shall be one Seventy-five naye paise. *. Now see the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964). Section 44 - Suits relating to public matters In a suit for relief under section 14 of the Religious endowments Act, 1863 (Central Act XX of 1863), or under section 91 or section 92 of the Code of Civil Procedure, 1908 (Central Act V 1908),1[or under Section 50 of the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950)], the fee payable shall be fifty rupees. ____________________ 1. Inserted by Act No. 13 of 1981 w.e.f. 1-1-1976. Section 45 - Interpleader suits (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.....

Code of Civil Procedure, 1908 Complete Act

Title: Code of Civil Procedure, 1908

State: Central

Year: 1908

.....3 Order 49 - Chartered high courts Order 49 Rule 1 to 3 Order 50 - Provincial small cause courts Order 50 Rule 1 Order 51 - Presidency small cause courts Order 51 Rule 1 Appendix A - PLEADINGS Appendix B - PROCESS Appendix C - DISCOVERY, INSPECTION AND ADMISSION Appendix D - DECREES Appendix E - EXECUTION Appendix F - SUPPLEMENTAL PROCEEDINGS Appendix H - MISCELLANEOUS Appendix G - APPEAL, REFERENCE AND REVIEW Schedule 2 - THE SECOND SCHEDULE (Repealed) Schedule 3 - THE THIRD SCHEDULE (Repealed) Schedule 4 - THE FOURTH SCHEDULE (Repealed) Schedule 5 - THE FIFTH SCHEDULE (Repealed) Amending Act 1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999 Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002