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Start Free TrialRegistration Act, 1908 Part IV
Title: Of the Time of Presentation
State: Central
Year: 1908
.....Act 15 of 1917, Section 2. 2. Vide Madras Act 17 of 1952, Section 2 (w.e.f. 14-1-1953) as adapted by Andhra Pradesh A.L.O., 1953, 3. Vide Kerala Act 2 of 1959, Section 2 (w.e.f. 1-6-1960). 4. Vide Tamil Nadu Act 17 of 1952, Section 2 (w.e.f. 14-1-1953) as adapted by Tamil Nadu A.L.O., 1954. Section 24 - Documents executed by several persons at different times Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution. Section 25 - Provision where delay in presentation is unavoidable (1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in1[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration. (2) Any application for such direction may be lodged with a Sub-Registrar, who.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 4
Title: Examination of Parties by the Court
State: Central
Year: 1908
.....admissions and denials, the Court shall direct the parties to the suit to opt either mode of the settlement outside the Court as specified in sub-section (1) of section 89. On the option of the parties, the Court shall fix the date of appearance before such forum or authority as may be opted by the parties. 1[1B. Appearance before the conciliatory forum or authority Where a suit is referred under rule 1A, the parties shall appear before such forum or authority for conciliation of the suit. 1[1C. Appearance before the Court consequent to the failure of efforts of conciliation Where a suit is referred under rule 1A and the presiding officer of conciliation forum or authority is satisfied that it would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the matter again to the Court and direct the parties to appear before the Court on the date fixed by it.] 2 [2. Oral examination of party, or companion of party (1) At the first hearing of the suit, the Court- (a) shall, with a view to elucidating matters in controversy in the suit, examine, orally such of the parties to the suit appearing in person or present in.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 4
Title: Appeals from Original Decrees
State: Central
Year: 1908
.....after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring the appeal within such period. (2) If the Court sees no reason to reject the application without the issue of a notice to the respondent, notice thereof shall be issued to the respondent and the matter shall be finally decided by the Court before it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be. (3) Where an application has been made under sub-rule (1), the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal.] 4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.-- Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 4
Title: Payment into Court
State: Central
Year: 1908
..... The defendant in any suit to recover a debt or damages may, at any stage of the suit, deposit in Court such sum of money as he considers a satisfaction in full of the claim. 2. Notice of deposit Notice of the deposit shall be given through the Court by the defendant to the plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff on his application. 3. Interest on deposit not allowed to plaintiff after notice No interest shall be allowed to the plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the sum deposited is in full of the claim or falls short thereof. 4. Procedure where plaintiff accepts deposit as satisfaction in part (1) Where the plaintiff accepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance; and, if the Court decides that the deposit by the defendant was a full satisfaction of the plaintiff's claim, the plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous thereto, so far as they were caused by excess in the plaintiff's claim. (2) Procedure where he.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 4
Title: Power to Extend or Withdraw the Act or Certain Portions Thereof
State: Central
Year: 1908
.....in force; (b) specially extend the provisions of Section 31 or Section 32 to any port to which they have not been so extended; (c) withdraw this Act or Section 31 or Section 32 from any port or any part thereof in which it is for the time being in force. (2) A notification under Clause (a) or Clause (b) of Sub-section (1) shall define the limits of the area to which it refers. (3) Limits defined under Sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-water mark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yard of high water-mark. (4) "In Sub-section (3) the expression "high-water-mark" means the highest point reached or by ordinary spring tides at any season of the year. ______________________ 1. The words "with the previous sanction of the Governor-General in Council" were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), Section 2. 2. Substituted.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 4
Title: Disposal of the Suit at the First Hearing
State: Central
Year: 1908
..... 1[(1)] Where there are more defendants than one, and any one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may at once pronounce judgment for or against such defendant and the suit shall proceed only against the other defendants. 2[(2) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such judgment and the decree shall bear the date on which the judgment was pronounced.] 3. Parties at issue (1) Where the parties are at issue on some question of law or of fact, and issues have been framed by the Court as hereinbefore Provided, if the Court is satisfied that no further argument or evidence than the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues, and, if the finding thereon is sufficient for the decision, may pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only or for the final disposal of the suit: Provided that, where the summons has.....
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 sectionIndian Ports Act, 1908 Chapter IV
Title: Rules for the Safety of Shipping and the Conservation of Ports
State: Central
Year: 1908
.....or land-floods a [and no oil or water mixed with oil shall be discharged in or into any such port, to which any rules made under Clause (ce) of Sub-section (1) of Section 6 apply, otherwise than in accordance with such rules]. (2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other thing1[or so discharges any oil or water mixed with oil], and the master of any vessel from which the same is so cast,2[thrown or discharge], shall be punishable with fine which may extend to3[five lakh rupees] and shall pay any reasonable expenses which may be incurred in removing the same. (3) If, after receiving notice from the Conservator of the Port to desist from so casting or throwing any ballast or rubbish or such other thing1[or from so discharging any oil or water mixed with oil, any master continues so to cast4[throw or discharge the same], he shall also be liable to simple imprisonment for a term which may extend to5[one year and to fine which may extend to five lakh rupees]. (4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is cast or thrown into,1[or the oil or water mixed with oil is.....
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 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.....
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