Bare Act Search Results

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 The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict..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liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act.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 The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation.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.....

Indian Ports Act, 1908 Section 6

Title: Power to Make Port-rules

State: Central

Year: 1908

.....shall be construed to affect the validity of any rule in force immediately before the commencement of the Indian Ports Act, 1889, and continued by Section 2, Sub-section (2), of that Act. 12 [(2A) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. (2B) Every rule made by the Central Government under this Act shall be laid as House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid both the House agree any modification in the order or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.] (3) If any person disobeys any rule made under Clause (p) of Sub-section (1), he shall be punishable for every such offence with fine which may extend to one.....

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 1 to 16

Title: Suits by or Against Minors and Persons of Unsound Mind

State: Central

Year: 1908

..... 3. Guardian for the suit to be appointed by Court for minor defendant (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. (4) No order shall be made on any application under this rule except upon notice 2[***] to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, 3[upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian] of the minor, or, where there is 1b[no father, mother or other natural guardian], to the person in whose care the minor is, and after, hearing any objection which may be urged on behalf of any person.....

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, .....

Indian Ports Act, 1908 Section 4

Title: Power to Extend or Withdraw the Act or Certain Portions Thereof

State: Central

Year: 1908

.....in force; (b) specially extend the provisions of Section 31 or Section 32 to any port to which they have not been so extended; (c) withdraw this Act or Section 31 or Section 32 from any port or any part thereof in which it is for the time being in force. (2) A notification under Clause (a) or Clause (b) of Sub-section (1) shall define the limits of the area to which it refers. (3) Limits defined under Sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-water mark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yard of high water-mark. (4) "In Sub-section (3) the expression "high-water-mark" means the highest point reached or by ordinary spring tides at any season of the year. ______________________ 1. The words "with the previous sanction of the Governor-General in Council" were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), Section 2. 2. Substituted.....

Registration Act, 1908 Part III

Title: Of Registrable Documents

State: Central

Year: 1908

.....of Property Act, 1882;". Note.--section 2 of Bombay Act 14 of 1939, as amended by Bombay Act 17 of 1945, is as follows:-- "2. Application of Act.--This Act shall apply to notices in respect of suits or proceedings which relate to immovable properties situate wholly or partly in the Greater Bombay with effect from such date as may be directed by the State Government in this behalf by notification in the Official Gazette: Provided that the State Government may by similar notification direct that the provisions of this Act shall apply to such notices relating to immovable properties situate wholly or partly in such other area as may be specified in the said notification." (iii) the word "and" in clause (ee) shall be added at the end and clause (eei) inserted by Act (Bombay Act 6 of 1960), section 43, shall be deleted. 6 [7 [Uttar Pradesh: In section 18, clauses (a), (b) and (cc) be omitted. In section 18(c), omit the words and figures "and leases exempted under section 17". Section 18A 8 Delhi: Same as in Punjab. 9 Himachal Pradesh: Same as in Punjab. 10 Punjab, Haryana, Chandigarh: After section 18, insert the following new section:-- "18A......

Code of Civil Procedure, 1908 Part VII

Title: Appeals

State: Central

Year: 1908

.....any High Court] ___________________________ 1. Substituted by Act 104 of 1976, section 34, for certain words (w.e.f. 1-2-1977). 2. Inserted by Act 18 of 1928, section 2 and schedule I. Section 99 - No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder 1[or non-joinder] of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court: 2[Provided that nothing in this section shall apply to non-joinder of a necessary party.] _________________ 1. Inserted by Act 104 of 1976, section 35(i) (w.e.f. 1-2-1977). 2. Inserted by the Act 104 of 1976 section 35(ii) (w.e.f. 01.02.1977). Section 99A - No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected 1 [99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected Without prejudice to the generality of the provisions of.....

Code of Civil Procedure, 1908 Section 98

Title: Decision Where Appeal Heard by Two or More Judges

State: Central

Year: 1908

.....the Bench] and Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, the such point shall be decided according to the opinion of the majority(if any) of the Judges who have heard the appeal including those who first heard it. 2[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters patent of any High Court] ___________________________ 1. Substituted by Act 104 of 1976, section 34, for certain words (w.e.f. 1-2-1977). 2. Inserted by Act 18 of 1928, section 2 and schedule I.

Code of Civil Procedure, 1908 Rule 1 to 9

Title: Review

State: Central

Year: 1908

.....the appellant, or when; being respondent, he can present to the Appellate Court the case on which he applies for the review. 1 [Explanation.--The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment.] 2. To whom applications for review may be made [Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), section 14 (w.e.f. 1-1-1957).] 3. Form of applications for review The provisions as to the form of preferring appeals shall apply mutatis mutandis, to applications for review. 4. Application where rejected (1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application. (2) Application where granted.--Where the Court is of opinion that the application for review should be granted, it shall grant the same : Provided that-- (a) no such application shall be granted without previous notice to the opposite party, to enable him to appear and be heard in support of the decree or order, a review of which is applied.....