Bare Act Search Results

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.....

Provincial Small Cause Courts Act, 1887 Section 14

Title: Duties of Ministerial Officers

State: Central

Year: 1887

(1) The ministerial officers of a Court of Small Causes shall, in addition to any duties mentioned in this Act, or in any other enactment for the time being in force, as duties which are or may be imposed on any of them, discharge such duties of a ministerial nature as the Judge directs. (2) The High Court may make rules consistent with this Act, and with any other enactment for the time being in force, conferring and imposing on the ministerial officers of a Court of Small Causes such powers and duties as it thinks fit, and regulating the mode in which powers and duties so conferred and imposed are to be exercised and performed.

Small Cause Courts Act, 1964 Section 7

Title: Duties of Ministerial Officers

State: Karnataka

Year: 1964

(1) The ministerial officers of a Court of Small Causes shall, in addition to any duties mentioned in this Act, or in any other law for the time being in force, as duties which are or may be imposed on any of them, discharge such duties of a ministerial nature as the Judge directs. (2) The High Court may make rules consistent with this Act, and with any other law for the time being in force, conferring and imposing on the ministerial officers of a Court of Small Causes such powers and duties as it thinks fit, and regulating the mode in which powers and duties so conferred and imposed are to be exercised and performed.

Small Cause Courts Act, 1964 Chapter II

Title: Constitution of Courts of Small Causes

State: Karnataka

Year: 1964

..... (3) The High Court may, by notification, confer upon a Registrar, if he is a person in the judicial service of the State, the jurisdiction of a Judge for the trial of suits of which the value does not exceed fifty rupees. (4) The Registrar shall try such suits cognizable by him as the Judge may, by general or special order, direct. Section 7 - Duties of ministerial officers (1) The ministerial officers of a Court of Small Causes shall, in addition to any duties mentioned in this Act, or in any other law for the time being in force, as duties which are or may be imposed on any of them, discharge such duties of a ministerial nature as the Judge directs. (2) The High Court may make rules consistent with this Act, and with any other law for the time being in force, conferring and imposing on the ministerial officers of a Court of Small Causes such powers and duties as it thinks fit, and regulating the mode in which powers and duties so conferred and imposed are to be exercised and performed.

Provincial Small Cause Courts Act, 1887 Chapter II

Title: Constitution of Courts of Small Causes

State: Central

Year: 1887

.....a document the construction of which may affect the merits, they shall draw up and refer, for the decision of the High Court, a statement of the facts of the case and of the point on which they differ in opinion, and the provisions of [See now ss.113 and 115 and the First Schedule, Order XLVI, of the Code of Civil procedure, 1908 (Act 5 of 1908)] Chapter XLVI of the Code of Civil Procedure (14 of 1882) shall apply to the reference. (2) If they differ on any matter other than a matter specified in sub-section (1), the opinion of the Judge who is senior in respect of date of appointment as Judge of a Court of Small Causes, or, if one of them is an Additional Judge, then the opinion of the Judge sitting with him, shall prevail. (3) For the purposes of sub-section (2), a Judge permanently appointed shall be deemed to be senior to an officiating Judge. [This section has been amended in its application to the Bombay Presidency by the Provincial Small Cause Courts (Bombay Amendment) Act, 1930 (Bom.6 of 1930), s.2.] Section 12 - Registrar [Subs. by the A.O.1937 for the original sub-section which read: "(1) The L.G. may appoint to a Court of Small Causes an officer to be.....

The Kerala Small Cause Courts Act, 1957 [1] Complete Act

State: Kerala

Year: 1957

.....by a Court of Small Causes mentioned in the notification. 13. Exclusive Jurisdiction of Courts of Small Causes.- Save as expressly provided by this Act or by any other enactment for the time being in force, a suit cognizable by a court of Small Causes shall not be tried by any other Court having jurisdiction within the local limits of the jurisdiction of the Court of Small Causes by which the suit is triable. CHAPTER IV PRACTICE AND PROCEDURE 14. Application of the Code of civil Procedure.- (1) The procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908), shall save in so far as is otherwise provided by that Code or by this Act, be the procedure followed in a Court of Small causes in all suits cognizable by it in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed exparte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment, or give such security for the performance of the decree or compliance with the judgment as the Court may, on a previous application made by him in this behalf,.....

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 Section 75

Title: Power of Court to Issue Commissions

State: Central

Year: 1908

Subject to such conditions and limitations as may be prescribed, the Court may issue a commission-- (a) to examine any person; (b) to make a local investigation; (c) To examine or adjust accounts; or (d) to make a partition; 1[(e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; (g) to perform any ministerial act.] _________________ 1. Inserted by Act 104 of 1976, section 26 ( w.e.f. 1-2-1977).

Himachal Pradesh and Bilaspur (New State) Act, 1954 Section 27

Title: Existing Authorities and Officers to Continue to Function in the New State

State: Central

Year: 1954

Save as otherwise provided in this. Act, all authorities and all officers, judicial executive and ministerial, who immediately before the commencement of this Act were exercising lawful functions in any area forming part of the new State, shall, until further provision is made by a competent authority, continue to exercise their respective functions as far as may be, in the same manner and to the same extent as they were doing before such commencement.

Code of Civil Procedure, 1908 Part III

Title: Incidental Proceedings

State: Central

Year: 1908

.....with the evidence taken under it to the Court from which it was issued, unless the order for issuing the commission has otherwise directed in which case the commission shall be returned in terms of such order. Section 77 - Letter of request In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within1[India]. ________________ 1. Substituted by Act 2 of 1951, section 3, for "the States". Section 78 - Commissions issued by foreign Courts 1 [78. Commissions issued by foreign Courts Subject to such conditions and limitations as may be prescribed, the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of- (a) Courts situate in any part of India to which the provisions of this Code do not extend; or (b) Courts established or continued by the authority of the Central Government outside India; or (c) Courts of any State or country outside India.] __________________ 1. Substituted by Act 2 of 1951, section 11, for section 78 (w.e.f. 1-4-1951).