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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.....
List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 7
Title: Summary Procedure
State: Central
Year: 1908
.....suit. (5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just: Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court. (6) At the hearing of such summons for judgment,-- (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix B
Title: Process
State: Central
Year: 1908
.....to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons ; Notice is hereby given to you that the hearing of the suit is adjourned this day and that the ...... day of ..... 19..../20....., is now fixed for the hearing of the same; in default of your appearance on the last mentioned the suit will be heard and determined in your absence. given under my hand and the seal of the Court, this ..... day of .....19...../20..... Judge. No. 13 summons to witness (O. XVI, rr. 1, 5) (Title) To ....................................... [Name, description and place of residence] whereas your attendance is required to ............................................. on behalf of the .................................................................................... in the above suit, you are hereby required [personally] to appear before this Court on the ............... day of................ 19....../20....., at ................
View Complete Act List Judgments citing this sectionDelhi High Court Act, 1966 Complete Act
State: Delhi
Year: 1966
.....entitled to practise or an attorney entitled to an act in the High Court of Punjab shall be recognized as advocate or an attorney entitled to practise or act, as the case may be, in the High Court of Delhi Section7 Practice and Procedure in the High Court of Delhi Subject to the provisions of the Act, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Delhi and accordingly the High Court of Delhi shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the High Court of Punjab and shall also have powers to make rules and orders with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction: Provided that any rules or orders which are, in force immediately before the appointed day with respect to practice and procedure in the High Court of Punjab shall, until varied or revoked .by rules or orders made by the High Court of Delhi, apply with the necessary modifications in relation to practice and procedure in the High Court of Delhi as if made by that High Court Section8.....
List Judgments citing this sectionThe Legal Practitioners Fees Rules, 1973 Complete Act
State: Tamil Nadu
Year: 1973
.....No.1032/64 -FI) SRO C-3/74 " By virtue of the powers conferred by Article 227 of the Constitution of India read with Section 27 of the Legal Practitioners' Act, 1879 (Central Act XVIII of 1879) and all other powers thereunto enabling and in supersession of all Rules relating to the fees payable to legal practitioners and incorporated in Section C, Chapter X, Part II of the Civil Rules of Practice and Circular Orders, Volume I (1941 Edition), the High Court hereby makes the following Rules, with the previous approval of the Governor of Tamil Nadu :" 1. Short title, commencement and application " These Rules may be called the Legal Practitioners' Fees Rules, 1973. They shall come into force as and from the date of publication in the Tamil Nadu Government Gazette and shall apply to all proceedings pending on that date and all proceedings initiated thereafter. NOTES According to Article 227 (1) of the Constitution, every High Court shall have superintendence over all Courts and Tribunals throughout the Territories in relation to which it exercises jurisdiction. Article 227 (3) of the Constitution provides that the High Court may also settle Tables of fees to be allowed to the.....
List Judgments citing this sectionBombay Court Fees Act 1959 Complete Act
State: Central
Year: 1959
BOMBAY COURT FEES ACT 1959 BOMBAY COURT FEES ACT 1959 36 of 1959 An Act to consolidate and amend the law relating to fees taken in the Courts and public offices and fees taken in respect of certain matters in the State of Bombay, other than fees falling ; under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India. Whereas it is expedient to consolidate and amend the law relating to fees taken in the courts and public offices and fees taken in respect of certain matters in the state of Bombay, other than fees falling under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India; It is hereby enacted in the Tenth Year of the Republic of India, as follows CHAPTER 1: PRELIMINARY: Section 1: Short title, extent, commencement and application: Gujarat S.1- Provision is the same as in Maharashtra, except that word 'Maharashtra' is substituted as 'Gujarat'. Hereafter only where there is some difference in words of the provisions, Gujarat provision is noted below the relevant section, else the Act is the same both in Gujarat and Maharashtra. Gujarat In its application to the State of Gujarat, in S......
List Judgments citing this sectionAir Force Act, 1950 Complete Act
State: Central
Year: 1950
.....or confinement of a person according to the usages of the service and includes military or naval custody: (vi) "air force law" means the law enacted by this Act and the rules made there under and includes the usages of the service; (vii) "air force reward" includes any gratuity or annuity for long service or good conduct, badge pay or pension, and any other air force pecuniary reward; (viii) "airman" means any person subject to this Act other than an officer; (ix) "air officer" means any officer of the Air Force above the rank of group captain; (x) "air signal" means any signal intended for the guidance of aircraft, whether given by flag, ground signal, light, wind indicator or in any manner whatsoever: (xi) "Chief Legal Adviser" means a person appointed as such by5[the Chief of the Air Staff] to give advice on matters relating to air force law and to perform such other duties of a legal character as may arise in connection therewith; (xii) "civil offence" means an offence which is triable by a criminal court; (xiii) "civil prison" means any jail or place used for the detention of any criminal prisoner under the Prisons Act, 1894-, or under any other law for the time.....
List Judgments citing this sectionNavy Act, 1957 Complete Act
State: Central
Year: 1957
.....to the Indian Naval Forces. When the constitutional changes took place, action was taken to adapt this Act and it now appears as a self-contained Act. 2. This Act dealt largely with disciplinary provisions. There were no statutory provisions concerning the various matters of administration, enrolment, grant of commissions etc. 3. It was long considered that this lacuna should be filled and when the constitutional changes took place it became evident that it would be necessary to have a consolidating statute on the subject. In the meantime, in 1950, the revised Army Act and Air Force Act were passed by Parliament. It was not possible at that time to draft a revised Navy Bill as the present Act was modelled mainly on the corresponding British Act. In U.K., a special committee had been appointed to examine the question of the revision of the British Naval Code. It was thought that it would be an advantage to await the report of that Committee. The present draft has been made taking into account the report of that Committee. 4. In drawing up the present Bill, the provisions of the Army and Air Force Acts have been borne in mind, but changes have had to be accepted on account of.....
List Judgments citing this sectionThe Pondicherry Village and Commune Panchayats Act, 1973 Complete Act
State: Pondicherry
Year: 1973
.....the body constituted for the administration of a commune panchayat under this Act; (7) "company" means any company is defined in the Companies Act, 1956 (Central Act 1 of 1956), and includes " (a) any foreign company within the meaning of section 591 of that Act: (b) any co-operative society registered or deemed to be registered under the law relating to co-operative societies for the time being in force; and (c) any body corporate, or any firm or association carrying on business in the Union territory whether incorporated or not and whether its principal place of business is situated in the said Union territory or not; (8) "Director" means a Director appointed under section 195 and also includes any officer authorized by the Government to exercise the powers and perform the duties of the Director; (9) "election authority" means such authority, not being president or vice-president or a member of the village panchayat or the chairman or vice-chairman or a member of the commune panchayat council as the Government may, by notification, appoint; (10) "executive authority" means, in the case of a village panchayat having an executive officer, the executive officer.....
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".
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