Bare Act Search Results

Code of Civil Procedure, 1908 Amending Act 1

Title: Code of Civil Procedure (Amendment) Act, 1999

State: Central

Year: 1908

.....of 1999] [30th December, 1999] PREAMBLE An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870. BE IT enacted by Parliament in the Fiftieth Year of the Republic of India as follows: -- __________________________ 1.The Amendment Act, 1999 notified vide a Notification No. S.O. 603(E) Dated 6th June, 2002 where by Central Govt. appoints the 1st day of July, 2002 as effective date CHAPTER I : PRELIMINARY 1. Short title and commencement. - (1) This Act may be called the Code of Civil Procedure (Amendment) Act, 1999. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States or for different parts thereof. CHAPTER II : AMENDMENT OF SECTIONS 2. Amendment of section 26. - In the Code of Civil Procedure, 1908 (5 of 1908) (hereinafter referred to as the principal Act), existing section 26 shall be renumbered as sub-section (1), and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-- "(2) In every.....

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 Rule 9 to 30

Title: Service of Summons

State: Central

Year: 1908

.....for "all documents" (w.e.f. 01.07.2002.) 2. Substituted by Act 104 of 1976, section. 55(ii), for rule 15 (w.e.f. 1-2-1977). 3. Inserted by Act of 1976, Section. 55(iii) (w.e.f. 01.02.1977). 3i. Section 19A was earlier inserted by Act 104 of 1976, Section. 55(iv) (w.e.f. 01.02.1977). 4. Rule 20A was earlier inserted by Act 66 of 1956, section 14 (w.e.f. 01.01.1957). 5 . Substituted by Act 46 of 1999, section. 15(vii), for "or by post" (w.e.f. 01-07-2002). 6 . Substituted by the A.O. 1937, for "Bombay and Rangoon''. 7. Substituted by Act 46 of 1999, Section. 15(viii), for "by post or otherwise" (w.e.f. 01-07-2002). 8 . Substituted by Act 2 of 1951, section 3, for "the States". 9 . Substituted by Act 46 of 1999, section 15(ix), for "by Post" (w.e.f. 01-07-2002). 10. Inserted by Act 19 of 1951, Section. 2. 11. Substituted by Act 104 of 1976, Section. 55(vii)(a), for "resides in Pakistan" (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 55(vii)(b), for "in Pakistan (not belonging to the Pakistan military, naval or air forces)" (w.e.f. 01.02.1977). 13. Substituted by Act 104 of 1976, Section. 55, for rule 26 (w.e.f. 1-2-1977). 14......

Code of Civil Procedure, 1908 Part X

Title: Rules

State: Central

Year: 1908

..... 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General". Section 127 - Publication of rules Rules so made and1[approved] shall be published in the2[Official Gazette], and shall from the dale of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. ___________________ 1. Substituted by Act 24 of 1917, section 2 and Schedule 1, for "sanctioned". 2. Substituted by the A.O. 1937, for "Gazette of India or in the local official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant. Section 128 - Matters for which rules may provide (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),.....

Code of Civil Procedure, 1908 Section 129

Title: Power of High Courts to Make Rules as to their Original Civil Procedure

State: Central

Year: 1908

Notwithstanding anything in this Code, any High Court1[not being the Court of a Judicial Commissioner] may make such rules not inconsistent with the Letters Patent2[or order]3[or other law] establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at the commencement of this Code. _________________ 1. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "for a Part A State or a Part B State". 2. Inserted by the A.O. 1950. 3. Inserted by Act 2 of 1951, section 17 (w.e.f. 1-4-1951).

Code of Civil Procedure, 1908 Rule 1 to 20

Title: Judgement and Decree

State: Central

Year: 1908

.....the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6B. Copies of judgments when to be made available Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.] 7. Date of decree The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 8. Procedure where Judge has vacated officer before signing decree Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to.....

Code of Civil Procedure, 1908 Rule 1 to 2

Title: Payment Under Decree

State: Central

Year: 1908

.....any money payable under a decree of any kind is paid out of Court, 1 [or a decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment of adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor 2 [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly, 3 [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-- (a) the payment is made in the manner provided in rule 1; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the.....

Code of Civil Procedure, 1908 Rule 97 to 106

Title: Resistance of Delivery of Possession to Decree-holder or Purchaser

State: Central

Year: 1908

.....(including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application, and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.] 2[102. Rules not applicable to transferee pendente lite Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. Explanation.--In this rule, "transfer" includes a transfer by operation of law.] 2[103. Orders to be treated as decrees Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as.....

Code of Civil Procedure, 1908 Rule 35 to 37

Title: Decree in Appeal

State: Central

Year: 1908

.....to the Appellate Court and at their expense. 37. Certified copy of decree to be sent to Court whose decree appealed from A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. _______________________ 1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16(3).

Code of Civil Procedure, 1908 Rule 1 to 8

Title: Issue of Summons

State: Central

Year: 1908

.....documents relied on by him The summons to appeal and answer shall order the defendant to produce 4 [all documents or copies thereof specified in rule 1A of Order VIII] in his possession or power upon which he intends to rely in support of his case. 8. On issue of summons for final disposal, defendant to be directed to produce his witnesses Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to rely in support of his case. ______________________ < such to sent or delivered be may letter the service, accept empowered agent an has defendant where and, fit; thinks Court which manner other any in Court, by selected messenger special a post substituted so A 3)> 1. Substituted by act 22 of 2002, section. 6(i), for sub-rule (1) (w.e.f. 01.07.2002) [as substituted by clause (i) of section 15 of Act 46 of 1999]. Earlier sub-rule (1) was amended by Act 104 of 1976, section 55(i) (w.e.f. 01.02.1977). 2. Substituted by Act 46 of 1999, section.15(ii), for rule 2 (w.e.f. 1-7-2002). 3. Substituted by Act 46 of 1999, section. 15(iii), for.....