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Start Free TrialRegistration Act, 1908 Preamble 1
Title: Registration Act, 1908
State: Central
Year: 1908
.....Report of Select Committee, see Gazette of India, 1908, Pt. V, p. 387; and for Proceedings in Council, see Gazette of India, 1908, Pt. VI, pp. 148, 154 and 182. This Act has been extended to Berar by Berar Laws Act, 1941 (4 of 1941); to Dadra and Nagar Haveli by Reg. 6 of 1963, Section 2 and Schedule I; to Goa, Daman and Diu by Reg. 11 of 1963, Section 3 and Schedule; to Lakshadweep by Reg. 8 of 1965, Section 3 and Schedule, to Pondicherry by Act 26 of 1968, Section 3 and Schedule It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation, 1929 (1 of 1929), Section 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (5 of 1936), Section 3 and Schedule It has been applied with modifications to certain taluks of the East Godavari Agency, see Notification No. F. 128/29, dated the 29th April, 1929, Gazette of India, 1929 Pt. I, p. 662.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 4
Title: Arrest Before Judgment
State: Central
Year: 1908
.....to answer the claim against hi m, or to furnish security for hi s appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against hi m in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to the last preceding rule. ( 2 ) Every surety for the appearance of a defendant shall bind hi mself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit. 3 . Procedure on application by surety to be discharged ( 1 ) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from hi s obligation. ( 2 ) On such application being made, the Court shall summon the defendant to appear or, if it thinks fit may issue a warrant for hi s arrest in the first instance. ( 3 ) On the appearance of the defendant in pursuance of the summons or warrant, or on hi s voluntary surrender, the Court shall direct the surety to be discharged from hi s obligation, and shall call upon the defendant to find fresh security. 4 . Procedure where.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 19 to 22
Title: Commissions Issued at the Instance of Foreign Tribunals
State: Central
Year: 1908
.....the local limits of 3[the ordinary original civil jurisdiction of the High Court], to any person whom the Court thinks fit to execute the commission. 4[22. Issue, execution and return of commissions, and transmission of evidence to foreign Court The provisions of rules 6 , 15, 5[sub-rule ( 1 ) of rules 16 A, 17 , 18 and 18B ] of this Order in so far as they are applicable shall apply to the issue, execution and return of such commission, and when any such commission has been duly executed it shall be returned, together with the evidence taken under it, to the High Court, which shall forward it to the Central Government, along with the letter of request for transmission to the foreign court] _____________________ 1. Inserted by Act 10 of 1932, section 3. 2. Certain words omitted by the A.O. 1937. 3. Substituted by the A.O. 1937, for "its ordinary original civil jurisdiction". 4. Inserted by Act 10 of 1932, section 3. 5. Substituted by Act 104 of 1976, section 75(viii), for "16, 17 and 18" (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 8B
Title: Suit by or Against the Government or Public Officers in their Official Capacity
State: Central
Year: 1908
.....or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case. 2. Persons authorised to act for Government Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government. 3. Plaints in suits by or against Government In suits by or 2 [against the Government], instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert 2 [the appropriate name as provided in section 79 3 [***]. 4[4. Agent for Government to receive process The Government pleader in any Court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court.] 5. Fixing of day for appearance on behalf of Government The Court, in fixing the day for 1[the Government] to answer to the plaint, shall allow a reasonable time for the necessary communication with the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Order XXVIIA
Title: Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validityof Any Statutory Instrument
State: Central
Year: 1908
1 [ORDER XXVIIA SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF 2 [THE CONSTITUTION] 3 [OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT] ______________________ 1. Order XXVIIA (containing rules 1, 2, 3 and 4) Inserted by Art. 23 of 1942, section 2. 2. Substituted by the A.O. 1950, for "the Government of India Act, 1935, or any Order-in-Council made thereunder". 3. Inserted by Act 104 of 1976, section 77 (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 4
Title: Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validity of Any Statutory Instrument
State: Central
Year: 1908
.....of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved. 1[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a defendant if the Government pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule 1A or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.] 5[3. Costs Where, under rule 2 or rule 2A the Government or any other authority is added as a defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless the Court,.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 3
Title: Suits by or Against Military or Naval Men or Airmen
State: Central
Year: 1908
.....1 [, sailor] or airman]. 3. Service on person so authorized, or on his pleader, to be good service Processes served upon any person authorized by an officer 6[soldier 1[,sailor] or airman] under rule 6 or upon any pleader appointed as aforesaid by such person shall be as effectual as if they had been served on the party in person. ____________________________ 1. Inserted by Act 35 of 1934, section 2 and Schedule. 2. Inserted by Act 10 of 1927, section 2 and Schedule I. 3. The words "soldier or airman" were Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier" and "or a soldier" and the word "sailor" was Inserted by Act 35 of 1934, section 2 and Schedule. 4. Substituted by the A.O. 1937, for "serving the Government". 5. Substituted by Act 35 of 1934, section 2 and Schedule, for " military or air force". 6. Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier".
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 10
Title: Suits by or Against Firms and Persons Carrying on Business in Names Other Than their Own
State: Central
Year: 1908
.....whom it is sought to make liable. 4. Right of suit on death of partner (1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872), where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit. (2) Nothing in sub-rule (1) shall limit or otherwise affect any right which the legal representative of the deceased may have-- (a) to apply to be made a party to the suit, or (b) to enforce any claim against the survivor or survivors. 5. Notice in what capacity served Where a summons is issued to a firm and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service, whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, in default of such notice, the person served shall be deemed to be served as a partner. 6. Appearance of.....
View Complete Act List Judgments citing this sectionCode 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.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 6
Title: Suits Relating to Matters Concerning the Family
State: Central
Year: 1908
.....Court may think fit, for the purpose of assisting the Court in discharging the functions imposed by rule 3 of this Order. 5. Duty to inquire into facts In every suit or proceeding to which this Order applies, it shall be the duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any facts alleged by the defendant. 6. "Family"--Meaning of For the purposes of this Order, each of the following shall be treated as constituting a family, namely:-- (a) (i) a man and his wife living together, (ii) any child or children being issue of theirs; or of such man or such wife, (iii) any child or children being maintained by such man and wife; (b) a man not having a wife or not living together with his wife, any child or children, being issue of his, and any child or children being maintained by him; (c) a woman not having a husband or not living together with her husband, any child or children being issue of hers, and any child or children being maintained by her; (d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and (e) any combination of one or more of the groups.....
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