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 Section 83

Title: When Aliens May Sue

State: Central

Year: 1908

Alien enemies residing in India with the permission of the Central Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, shall not sue in any such Court. Explanation.--Every person residing in a foreign country, the Government of which is at war with India and carrying on business in that country without a licence in that behalf granted by the Central Government, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.

Code of Civil Procedure, 1908 Section 83 to 87A

Title: Suits by Aliens and by or Against Foreign Rulers, Ambassadors and Envoys

State: Central

Year: 1908

1 [Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys] ____________________ 1. Substituted by Act 2 of 1951, section 12, for the former heading and sections 83 to 87. (w.e.f. 1-4-1951).

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon

State: Central

Year: 1908

.....proposition of fact or law is affirmed by the one party and denied by the other. (2) Material propositions are those propositions of law or fact which a plaintiff must allege in order to show a right to sue or a defendant must allege in order to constitute his defence. (3) Each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. (4) issues are of two kinds: (a) issues of fact, (b) issues of law. (5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements, if any, and 1 [after examination under rule 2 of Order X and after hearing the parties or their pleaders], ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend. (6) Nothing in this rule requires the Court to frame and record issues where the defendant at the first hearing of the suit makes no defence. 2 [2. Court to pronounce judgment on all issues (1) Notwithstanding that a case may be disposed of on a preliminary issue, the Court shall, subject to.....

Code 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,.....

Registration Act, 1908 Amending Act 1

Title: Registration and Other Related Laws (Amendment) Act, 2001

State: Central

Year: 1908

.....1908 2. Insertion of new section 16A - In the Registration Act, 1908 (16 of 1908) (hereafter in this Chapter referred to as the Registration Act), after section 16, the following section shall be inserted, namely: -- "16A. Keeping of books in computer floppies, diskettes, etc. -- (1) Notwithstanding anything contained in section 16, the books provided under sub-section (1) of that section may also be kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the Inspector-General with the sanction of the State Government. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand and seal shall be deemed to be a copy given under section 57 for the purposes of sob-section (5) of that section." 3. Amendment of section 17 - In section 17 of the Registration Act, -- (a) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) The documents containing contracts to transfer for consideration, any immovable.....

Indian Ports Act, 1908 Section 12

Title: Removal of Lawful Obstructions

State: Central

Year: 1908

(1) If any obstruction or impediment to the navigation of any port subject to this Act has been lawfully made or has become lawful by reason of the long continuance of such obstruction or impediment, or otherwise, the conservator shall report the same for the information of the1[Government], and shall, with the sanction of2[the Government], cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration. (2) Any dispute arising concerning such compensation shall be determined according to the law relating to like disputes in the case of land required for public purposes. __________________________ 1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937). 2. Substituted for the words "that Government" by A.O., 1937 (1-4-1937).

Registration Act, 1908 Section 39

Title: Law as to Summonses, Commissions and Witnesses

State: Central

Year: 1908

The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act.

Code 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).

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.....