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Start Free TrialRegistration Act, 1908 Part XI
Title: Of the Duties and Powers of Registering Officers
State: Central
Year: 1908
.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....
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 sectionPorts Act, 1908 Complete Act
State: Central
Year: 1908
.....been preserved. The only clause which in any way alters the law at at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by S.228 of the Merchant Shipping Act, 1854 to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict.. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment. The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation. The schedule has been amended accordingly........"- Gaz. of Ind.. 1908, Part V. page 309.An Act to condolidate the enactments.....
List Judgments citing this sectionCode 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 sectionIndian 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).
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Chapter III
Title: Port-officials and their Powers and Duties
State: Central
Year: 1908
.....the deficiency be not paid within one month of such demand the conservator may recover the deficiency from such owner in the manner laid down in Sub-section (2) of Section 57 for recovery of expenses and damages or in any other manner according a the deficiency does not or does exceed one thousand rupees.] __________________________ 1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). (55 of 1952). 2. Substituted for "under Sub-section (1)" by Act (23 of 1992), Section 3 (12-8-1992). 3. Substituted for the words "six months" by the Indian Ports (Amendment) Act 1952 (55 of 1952). Section 2 (9-8-1952). Words "two months" as substituted have now been substituted by words "thirty days" by Indian Ports (Amendment) Act (23 of 1992), Section 3 (12-8-1992). Section 15 - Power to board vessels and enter buildings (1) The Conservation or any of his assistants may, whenever he suspects that any offence against this Act has been or is about to be, committed, or whenever it is necessary for him so to do in the performance of any duty imposed upon him by this Act, and the person appointed under this Act to.....
View Complete Act List Judgments citing this sectionCode 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.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix D
Title: Decrees
State: Central
Year: 1908
.....to the institution of the suit. Or 2. That an inquiry be made as the account of mesne profits which have accrued dueprior to the institution of the suit. 3. That an inquiry be made as tothe amount of mesne profitsfrom the institution of the suit until [the delivery of possession to thedecree-holder] [the relinquishment of possession by the judgment-debtor withnotice to the decree-holder through the Court] [the expiration of three yearsfrom the date of the decree]. ___________________ 1. Substituted by Act 21 if 1929,section 8 and Schedule, for Forms 3 to 11. 2.Words not required to be deleted. 3.Here insert name of proper officer. Total Total Total Total
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix A
Title: Pleadings
State: Central
Year: 1908
.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 2
Title: Appeals from Orders
State: Central
Year: 1908
.....compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.] 2. Procedure The rules of Order XLI shall apply, so far as may be, to appeals from orders. ______________________ 1. Inserted by Act 104 of 1976, section 89(i)(a) (w.e.f. 1-2-1977). 1a. Inserted by Act 104 of 1976, section 89(ii) (w.e.f. 1-2-1977). 1b. Inserted by Act 104 of 1976, section 89(e) (w.e.f. 1-2-1977). 2. Clause (b) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 3. Clause (e) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 4. Clause (g) and (h) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 5. Clause (m) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 6. Clause (o) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 7. Clause (v) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977).
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