Bare Act Search Results

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....

Code of Civil Procedure, 1908 Order 1 Rule 1 to 13

Title: Parties to Suits

State: Central

Year: 1908

.....in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise.] 2. Power of Court to order separate trials Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient. 2[3. Who may be joined as defendants All persons may be joined in one suit as defendants where-- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise.] 3[3-A. Power to order separate trials where joinder of defendants may embarrass or delay trial Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such other order as may be expedient in the interests of justice.] 4......

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Frame of Suit

State: Central

Year: 1908

.....that the joinder of causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may order separate trials or make such other order as may be expedient in the interests of justice.] 7 . Objections as to misjoinder All objections on the ground of misjoinder of causes of action shall be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such settlement unless the ground of objection has subsequently arisen, and any such objection not so taken shall be deemed to have been waived. _____________________ 1. Substituted Act by 104 of 1976, section 53, for rule 6 (w.e.f. 1-2-1977).

Code of Criminal Procedure, 1973 Chapter 35

Title: Irregular Proceedings

State: Central

Year: 1973

.....arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice. Section 463 - Non-compliance with provisions of section 164 or section 281 (1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision. Section 464 - Effect of omission to frame, or absence of, or error in, charge (1) No finding sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on.....

Code of Criminal Procedure, 1973 Section 464

Title: Effect of Omission to Frame, or Absence Of, or Error In, Charge

State: Central

Year: 1973

(1) No finding sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charge, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned, it may (a) in the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge. (b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.

Limitation Act, 1963 (36 of 1963) Part III

Title: Computation of Period of Limitation

State: Central

Year: 1963

.....of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff. Section 22 - Continuing breaches and torts In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. Section 23 - Suits for compensation for acts not actionable without special damage In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results. Section 24 - Computation of time mentioned in instruments All instruments shall for the purposes of this Act be deemed to be made with reference to the Gregorian calendar.

Limitation Act, 1963 (36 of 1963) Section 14

Title: Exclusion of Time of Proceeding Bona Fide in Court Without Jurisdiction

State: Central

Year: 1963

.....court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (3) Notwithstanding anything contained in rule 2 of Order XXXIII of the Code of Civil Procedure, 1908 (5 of 1908), the provisions of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that Order where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature. Explanation.--For the purposes of this section,-- (a) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted; (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding; , (c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

Code of Civil Procedure, 1908 Part VII

Title: Appeals

State: Central

Year: 1908

.....and was substituted by Act 46 of 1999 section 11 (w.e.f. 01-07-2002). Section 103 - Power of High Court to determine issues of fact 1 [103. Power of High Court to determine issues of fact In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,-- (a) which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or (b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.] _________________ 1. Substituted by Act 104 of 1976, section 40, for section 103 (w.e.f. 1-2-1977). Section 104 to 106 - Appeals from orders Section 104 - Orders from which appeal lies (1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:-- 1 [***] 2 [(ff) an order under section 35A;] 3 [(ffa) and order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in.....

Code of Civil Procedure, 1908 Section 99

Title: Nodecree to Be Reversed or Modified for Error or Irregularity Not Affecting Merits Orjurisdiction

State: Central

Year: 1908

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).

Karnataka Court-fees and Suits Valuation Act, 1958 Chapter III

Title: Determination of Fee

State: Karnataka

Year: 1958

.....of the suit has not been properly valued or that the fee paid is not sufficient, the court shall follow the procedure laid down in sub-section (2). Explanation: Nothing in this sub-section shall apply to a defendant added as a successor or a representative in interest of a defendant who was on record before issues were framed on the merits of the claim and who had an opportunity to file a written statement pleading that the subject-matter of the suit was not properly valued or that the fee paid was not sufficient. (4) (a) Whenever a case comes up before a court of appeal, it shall be lawful for the court, either on its own motion or on the application of any of the parties, to consider the correctness of any order passed by the lower court affecting the fee payable on the plaint or in any other proceeding in the lower court and determine the proper fee payable thereon. Explanation: A case shall be deemed to come before a court of appeal even if the appeal relates only to a part of the subject-matter of the suit. (b) If the court of appeal decides that the fee paid in the lower court is not sufficient, the court shall require the party liable to pay the.....