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.....

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 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).

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).

Code of Civil Procedure, 1908 Rule 1 to 18

Title: Suits by Indigent Persons

State: Central

Year: 1908

.....Inserted by act 104 of 1976, section 81(xiii) (w.e.f. 1-2-1977). 5. The provisions of this rule so far as it relates to the making of the memorandum are not applicable to the Chief Court of Oudh, see Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16 (2). 6. Substituted by Act 104 of 1976, section 81 for "a memorandum of the substance of their evidence" (w.e.f. 1-2-1977). 7. Substituted by Act 104 of 1976, section 81(vii)(c), for "as herein provided" (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 81(viii), for "(other than fees payable for service of process)" (w.e.f. 1-2-1977). 9. Substituted by the A.O. 1950, for "Provincial Government" which had been Substituted by the A.O. 1937, for "Government". 10. Inserted by Act 24 of 1942, section 2. 11. Substituted by Act 24 of 1942, section 2 for "or rule 11". 12. Substituted by Act 24 of 1942, section 2, for rule 14. 13. Substituted by Act 104 of 1976, section 81(xi), for Provided that he first pays" (w.e.f. 1-2-1977). 14. The words "sub-rule (2) of" Omitted by Act 19 of 1988, section 3 Second Schedule.

Code of Civil Procedure, 1908 Complete Act

Title: Code of Civil Procedure, 1908

State: Central

Year: 1908

.....3 Order 49 - Chartered high courts Order 49 Rule 1 to 3 Order 50 - Provincial small cause courts Order 50 Rule 1 Order 51 - Presidency small cause courts Order 51 Rule 1 Appendix A - PLEADINGS Appendix B - PROCESS Appendix C - DISCOVERY, INSPECTION AND ADMISSION Appendix D - DECREES Appendix E - EXECUTION Appendix F - SUPPLEMENTAL PROCEEDINGS Appendix H - MISCELLANEOUS Appendix G - APPEAL, REFERENCE AND REVIEW Schedule 2 - THE SECOND SCHEDULE (Repealed) Schedule 3 - THE THIRD SCHEDULE (Repealed) Schedule 4 - THE FOURTH SCHEDULE (Repealed) Schedule 5 - THE FIFTH SCHEDULE (Repealed) Amending Act 1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999 Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002