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Code of Civil Procedure, 1908 Appendix C

Title: Discovery, Inspection and Admission

State: Central

Year: 1908

.....[or plaintiff]. [Here describe the documents and specify as to each document whether it is original or a copy.] No. 10 NOTICE TO ADMIT FACTS (O. XII, r. 5) (Title as in No. 1, supra) Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plaintiff] to admit, for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit. G. H. pleader [or agent] for plaintiff [or defendant]. To E. F., pleader [or agent] for defendant [or plaintiff]. The facts, the admission of which is required, are:-- 1. That M. died on the 1st January, 1890. 2. That he died intestate. 3. That N. was his only lawful son. 4. That O. died on the 1st April, 1896. 5. That O. was never married. No. 11 admission of facts pursuant to notice (O. XII, r. 5) (Title as in No. 1, supra) The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several facts.....

Code of Civil Procedure, 1908 Section 100

Title: Secondappeal

State: Central

Year: 1908

.....Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question. (5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question: Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.] _________________ 1. Substitude by Act 104 of 1976, section 37, for section 100 (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Part II

Title: Execution

State: Central

Year: 1908

..... 30 [***] ____________________ 1. For amendments to section 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Punjab Act 7 of 1934), section 35, as amended by Punjab Acts 12 of 1940 and 6 of 1942. 2. Substituted by Act 104 of 1976, section 23(i)(a), for "an agriculturist" (w.e.f. 1-2-1977). 3. Inserted by Act 104 of 1976, section 23(i)(b), (w.e.f. 1-2-1977). 4. For such a notification, see Gazette of India, 1909, Pt. I, p.5. 5. Substituted by the A.O. 1937, for "the G.G. in C." 6. Substituted by Act 9 of 1937, section 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, See Act 9 of 1937, section 3. 7. The words "and salary, to the extent of the first hundred rupees and one-half the remainder of such salary" omitted by Act 5 of 1943, section 2. 8. Substituted by Act 5 of 1943, section 2, for clause (i) and proviso. 9. Substituted by Act 26 of 1963, section 2, for "the first hundred rupees". 10. Substituted by Act 104 of 1976, section 23(i)(c)(i), for "two hundred rupees and one-half the remainder".....

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 Part I

Title: Suits in General

State: Central

Year: 1908

.....B anking 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 interest3[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. ___________________ 1. Substituted by Act 66 of 1956, section 2, for certain words (w.e.f. 1-1-1957). 2. Added by Act 104 of 1976, section 13 (w.e.f. 1-7-1977). 3. Substituted by Act 66 of 1956, section 2, for "on such aggregate sum as aforesaid" (w.e.f. 1-1-1957). Section 35 to 35B - Costs 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.....

Registration 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, .....

Ports 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.....

Code of Civil Procedure, 1908 Rule 1 to 9

Title: Admissions

State: Central

Year: 1908

.....admit any document and shall, in such a case, record whether the party admits or refuses or neglects to admit such document.] 4 . Notice to admit facts Any party, may, by notice in writing, at any time not later than nine days before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any specific fact or facts, me ntioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs : Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular suit, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice. 5[*** ] 5 . Form of admissions A notice to admit facts shall be in Form No. 10 in Appendix C, and admission of facts shall be in Form No. 11 in Appendix C, with such variations as.....

Code of Civil Procedure, 1908 Rule 10A to 10C

Title: Commissions for Scientific Investigation, Performance of Ministerial Act and Sale of Movable Property

State: Central

Year: 1908

.....commission to such person as it thinks fit, directing hi m to inquire into such question and report thereon to the Court. ( 2 ) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9 . 10B . Commission for performance of a ministerial act ( 1 ) Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the Court, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing hi m to perform that ministerial act and report thereon to the Court. ( 2 ) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9 . 10 C. Commission for the sale of movable property ( 1 ) Where, in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the.....

Code 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.....