Title : Service of Summons
State : Central
Year : 1908
1[9. Delivery of summons by Court (1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court. (2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where he is such an officer, the summons may be sent to him in such manner as the Court may direct. (3) The services of summons may be made by delivering or transmitting a copy thereof by registered post acknowledgment due, addressed..... View Complete Act List Judgments citing this sectionTitle : Summoning and Attendance of Witnesses
State : Central
Year : 1908
1[1. List of witnesses and summons to witnesses (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such persons for their attendance in Court. (2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an application stating therein the purpose for which the witness is proposed to be summoned. (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such..... View Complete Act List Judgments citing this sectionTitle : Attachment of Property
State : Central
Year : 1908
41. Examination of judgment-debtor as to his property 1[(1)] Where a decree is for the payment of money the decree-holder may apply to the Court for an order that-- (a) the judgment-debtor, or (b) 2[where the judgment-debtor is a corporation], an officer thereof, or (c) any other person, be orally examined as to whether any or what debts are owing to the judgment-debtor and whether the judgment-debtor has any and what other property or means of satisfying the decree ; and the Court may make an order for the attendance and examination of such judgment-debtor, or officer or other person, and for the production of any books or documents. 3[(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the Court may, on the application of the..... View Complete Act List Judgments citing this sectionTitle : Sale of Immovable Property
State : Central
Year : 1908
82. What Courts may order sales Sales of immovable property in execution of decrees may be ordered by any Court other than a Court of Small Causes. 83. Postponement of sale to enable judgment-debtor to raise amount of decree (1) Where an order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that there is reason to believe that the amount of the decree may be raised by the mortgage or lease or private sale of such property, or some part thereof, or of any other immovable property of the judgment-debtor, the Court may, on his application, postpone the sale of the property comprised in the order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount. (2) In such case the Court shall grant a..... View Complete Act List Judgments citing this sectionTitle : Resistance of Delivery of Possession to Decree-holder or Purchaser
State : Central
Year : 1908
97. Resistance or obstruction to possession of immovable property (1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person obtaining possession of the property, he may make an application to the court complaining of such resistance or obstruction. 1[(2) Where any application is made under sub-rule (1), the court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.] 2[98. Orders after adjudication (1) Upon the determination of the questions referred to in rule 101, the court shall, in accordance with such determination and subject to the provisions of sub-rule (2),-- (a) make an order allowing the..... View Complete Act List Judgments citing this sectionTitle : Suits by Indigent Persons
State : Central
Year : 1908
1. Suits may be instituted in 2[an indigent person] Subject to the following provisions, any suit may be instituted by an 2[an indigent person]. 3[Explanation I.--A. person is an indigent person,-- (a) if he is not possessed of sufficient means (other than property exempt from attachment in execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by law for the plaint in such suit, or (b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees other than the property exempt from attachment in execution of a decree, and the subject-matter of the suit. Explanation II.--Any property which is acquired by a person after the presentation of his application for permission to sue as an indigent person, and..... View Complete Act List Judgments citing this sectionTitle : Suits Relating to Mortgages of Immovable Property
State : Central
Year : 1908
1. Parties to suits for foreclosure, sale and redemption Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to the mortgage. Explanation.--A puisne mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent mortgage. 1[2. Preliminary decree in foreclosure suit (1) In a suit for foreclosure, if the plaintiff succeeds, the Court shall pass a preliminary decree-- (a) ordering that an account be taken of what was due to the plaintiff at the date of such decree for-- (i) principal and interest on the mortgage, (ii) the costs of suit,..... View Complete Act List Judgments citing this sectionTitle : Appeals from Orders
State : Central
Year : 1908
1. Appeal from orders An appeal shall lie from the following orders under the provisions of section 104, namely :-- (a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court 1[except where the procedure specified in rule 10A of Order VII has been followed] ; 2[***] (c) an order under rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit ; (d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte ; 3[***] (f) an order under rule 21 of Order XI ; 4[***] (i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an endorsement ; (j) an order under rule 72..... View Complete Act List Judgments citing this sectionState : Central
Year : 1987
BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION (FINANCIAL AND ADMINISTRATIVE POWERS) RULES, 1987 BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION (FINANCIAL AND ADMINISTRATIVE POWERS) RULES, 1987 April 2, 1987 In exercise of the powers conferred by section 36read with sub-section (1) of section 8 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), and in super session of the notification of the Government of India in the Ministry of Finance, Department of Economic Affairs No. GSR 68(E), dated the 28th January, 1987, except as respects things done or omitted to be done before such super session, the Central Government hereby makes the following rules, namely:- RULE 01: SHORT TITLE AND COMMENCEMENT. (1) These rules may be called the Board..... List Judgments citing this sectionState : Central
Year : 1987
BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION (SALARIES AND ALLOWANCES AND CONDITIONS OF SERVICE OF CHAIRMAN AND OTHER MEMBERS) RULES, 1987 BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION (SALARIES AND ALLOWANCES AND CONDITIONS OF SERVICE OF CHAIRMAN AND OTHER MEMBERS) RULES, 1987 12-1-1987 In exercise of the powers conferred by clause (a) of sub-section (2) of section 36 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986), the Central Government hereby makes the following rules, namely:- RULE 01: SHORT TITLE AND COMMENCEMENT (1) These rules may be called the Board of Industrial and Financial Reconstruction (Salaries and Allowances and Conditions of Service of Chairman and other Members) Rules, 1987. (2) They shall come into force on the date of..... List Judgments citing this section