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Start Free TrialCode 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.....
List Judgments citing this sectionCode 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.
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Complete Act
State: Central
Year: 1908
.....after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:- (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 12[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of.....
List Judgments citing this sectionExplosive Substances Act, 1908 Complete Act
State: Central
Year: 1908
.....arms. is also inadequate in respect of both of the penalties it allows and the scope of its provisions for dealing promptly with preparations to manufacture bombs and other explosives. The Penal Code provides for the punishment of persons who cause hurt or mischief by means of explosive substances and it also deals with attempts to cause hurt or mischief but only when any act towards the commission of the offence is actually done. But it does not provide any penalty for making or possessing explosive substances with unlawful intent and it does not in other cases always provide such severe penalties as are requisite. The Governor-General in Council, therefore, considers it necessary to supplement the existing law by an Act on the lines of the English Explosive Substances Act, 1883, which was enacted for the expressed purpose of dealing with anarchist crimes. The Bill which has been drafted to give effect to this decision provides for a punishment of any person who causes an explosion likely to endanger life or property, or who attempts to cause such an explosion, or makes or has in his possession any explosive substance with intent to endanger life or property. It further makes.....
List Judgments citing this sectionExplosive Substances Act, 1908 Amending Act I
Title: Explosive Substances (Amendment) Act, 2001
State: Central
Year: 1908
.....appoint, 2. Substitution of new sections for sections 2 to 5 In the Explosive Substances Act 6 of 1908(hereinafter referred to as the principal Act), for sections 2 to 5, the following sections shall be substituted, namely: '2. Definitions: In this Act,-- (a) the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement; (b)the expression "special category explosive substance" shall be deemed to include research development explosive (RDX), penta erythritol tetra nitrate (PETN), high melting explosive (HMX), tri nitro toluene (TNT), low temperature plastic explosive (LTPE), composition exploding (CE) (2, 4, 6 phenyl methyl nitramine or tetryl), OCTOL (mixlure of high melting explosive and tri nitro toluene), plastic explosive kirkee-1 (PEK-1) and RDX/TNT compounds and other similar type of explosives and a combination thereof and remote control devices causing explosion and any.....
View Complete Act List Judgments citing this sectionExplosive Substances Act, 1908 Section 2
Title: Definitions: in This Act
State: Central
Year: 1908
.....in the Official Gazette, specify tor the purposes of this Act. _________________________ 1. Substituted by The Explosive Substance (Amendment) Act, 2001. Prior to substitution sections 2 to 5 read as under: "2. Definition of "explosive substance". --In this Act the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substances; also any part of any such apparatus, machine or implement. 3. Punishment for causing explosion likely to endanger life or property.--Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be punished with transportation for life or any shorter term, to which fine may be added, or with imprisonment for a term which may extend to ten years, to which fine may be added. 4. Punishment for attempt to cause explosion, or for making or keeping.....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Part VI
Title: Of Presenting Documents for Registration
State: Central
Year: 1908
.....referred to in section 19 presented for registration shall be accompanied by such number of duplicate copies thereof as may be prescribed by rules under section 69. (2) The duplicate copy shall-- ( a) be neat and legibly typed or handwritten, as the case may be, on paper of such specification as may be notified by the State Government from time to time; (b) contain a declaration that the same is a true copy of the document to be registered in such manner as may be prescribed by rules under section 69; (c) be compared and verified by such official as may be directed by the Registering Officer; (d) be separately bound and permanently kept in such manner as may be prescribed by rules under section 69." 3Uttar Pradesh: After section 32, the following section shall be inserted, namely:-- "32A. Giving of true photostat copies of documents prescribed for registration.-- Notwithstanding anything contained in this Act, in such areas as may be notified by the State Government, every document or any translation of documents referred to in section 19 presented for registration shall be accompanied by such number of true photostat copies thereof, as may be prescribed.....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Section 33
Title: Power-of-attorney Recognizable for Purposes of Section 32
State: Central
Year: 1908
..... (4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf. ________________________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States" (w.e.f. 1-4-1951). 2. Substituted by Act 3 of 1951, section 3 and Schedule, for "resides in any other part of the States" (w.e.f. 1-4-1951). 3. Substituted by the A.O. 1950, for "British". 4. The words "of His Majesty or" omitted by the A.O. 1950. 5. Inserted by Act of 1951, section 3 and Schedule (w.e.f. 1-4-1951).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 41 to 57
Title: Attachment of Property
State: Central
Year: 1908
.....by Act 26 of 1939, section 2, for certain words. 7. Substituted by Act 104 of 1976, section 72(xix)(b), for sub-rule (3) (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 72(xix)(c), for Explanation (w.e.f. 1-2-1977). 9. Substituted by Act 2 of 1951, section 3, for "the States." 10. Substituted by Act 104 of 1976, section 72(xxi)(a), for section 247 of the Indian Contract Act, 1872 (9 of 1872)" (w.e.f. 1-2-1977). 11. Substituted by Act 104 of 1976, section 72(xxii)(a), for sub-clause (ii) (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 72, for rule 57 (w.e.f. 1-2-1977). 13. Inserted by Act 104 of 1976, section 72(xx) (w.e.f. 1-2-1977). 14. Inserted by Act 104 of 1976, section 72(xxi) (b) (w.e.f. 1-2-1977). 15. Inserted by Act 104 of 1976, section 72(xxiii)(a) (w.e.f. 1-2-1977). 16. Inserted by Act 104 of 1976, section 72(xxiii)(b) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode 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.....
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