Bare Act Search Results

Code of Civil Procedure, 1908 Rule 1 to 20

Title: Judgement and Decree

State: Central

Year: 1908

.....the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6B. Copies of judgments when to be made available Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.] 7. Date of decree The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 8. Procedure where Judge has vacated officer before signing decree Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to.....

Code of Civil Procedure, 1908 Section 97

Title: Appealfrom Final Decree Where No Appeal from Preliminary Decree

State: Central

Year: 1908

Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.

Code of Civil Procedure, 1908 Rule 1 to 2

Title: Payment Under Decree

State: Central

Year: 1908

.....any money payable under a decree of any kind is paid out of Court, 1 [or a decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment of adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor 2 [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly, 3 [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-- (a) the payment is made in the manner provided in rule 1; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the.....

Code of Civil Procedure, 1908 Rule 97 to 106

Title: Resistance of Delivery of Possession to Decree-holder or Purchaser

State: Central

Year: 1908

.....(including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application, and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.] 2[102. Rules not applicable to transferee pendente lite Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. Explanation.--In this rule, "transfer" includes a transfer by operation of law.] 2[103. Orders to be treated as decrees Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as.....

Code of Civil Procedure, 1908 Rule 35 to 37

Title: Decree in Appeal

State: Central

Year: 1908

.....to the Appellate Court and at their expense. 37. Certified copy of decree to be sent to Court whose decree appealed from A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. _______________________ 1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16(3).

Code of Civil Procedure, 1908 Rule 1 to 15

Title: Suits Relating to Mortgages of Immovable Property

State: Central

Year: 1908

.....of 1929, section 4, for rule 7. 8. Inserted by Act 21 of 1929, section 5. 9. Substituted by Act 104 of 1976, section 82(ii)(b), for "on application by him" (w.e.f. 1-2-1977). 10. Substituted by Act 21 of 1929, section 6, for rules 10. 11. Added by Act 104 of 1976, section 82(iii) (w.e.f. 1-2-1977). 12. Inserted by Act 104 of 1976, section 82(iv) (w.e.f. 1-2-1977). 12a. Inserted by Act of 1976, section 82(v) (w.e.f. 1-2-1977). 13. Substituted by Act 21 of 1929, section 6, for rule 11. 14. Sub-clause (ii) omitted by Act 66 of 1956, section 14 (w.e.f. 1-1-1957). 15. Substituted by Act 66 of 1956, section 14, for certain words (w.e.f. 1-1-1957). 16. Substituted by Act 66 of 1956, section 14 for clause (b) (w.e.f. 1-1-1957). 17. Substituted by Act 21 of 1929, section 7, for rule 15. 18. Rule 15 Renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 82(v) (w.e.f. 1-2-1977).

Practitioners Fees in the High Court Fees Rules, 1956 Complete Act

State: Tamil Nadu

Year: 1956

PRACTITIONERS FEES IN THE HIGH COURT FEES RULES, 1956 ORDER V PRACTITIONERS' FEES 1. For the purpose of this Order the word 'suit' shall not include summary proceedings under Order VII of the Original Side Rules. [Substituted by ROC.No.335/93/RR, dated 14th December, 1994] [2.(1) The fees to be allowed on the Original Side of the High Court in part and part taxation for all suits shall be as follows :" (a) Where the suit is concluded prior to the date of the settlement of issues or where issues are dispensed with the date of the order dispensing with the issues or where in the proceedings in question issues are, by the Rules not required, the date of filing the written statement by the party in question, then " (1) If the amount or value of the claim does not exceed Rs.5,000-00 ; 5 per cent; (2) If the amount or value exceeds Rs.5,000-00 and does not exceed Rs.10,000-00, on Rs.5,000-00 as above and on the remainder ; 3 per cent; (3) If the amount or value exceeds Rs.10.000-00 and does not exceed Rs.20,000-00 on Rs.10,000-00 as above, and on the remainder, 2 per cent; (4) If the amount or value exceeds Rs.20,000-00 and does not.....

The Legal Practitioners Fees Rules, 1973 Complete Act

State: Tamil Nadu

Year: 1973

.....No.1032/64 -FI) SRO C-3/74 " By virtue of the powers conferred by Article 227 of the Constitution of India read with Section 27 of the Legal Practitioners' Act, 1879 (Central Act XVIII of 1879) and all other powers thereunto enabling and in supersession of all Rules relating to the fees payable to legal practitioners and incorporated in Section C, Chapter X, Part II of the Civil Rules of Practice and Circular Orders, Volume I (1941 Edition), the High Court hereby makes the following Rules, with the previous approval of the Governor of Tamil Nadu :" 1. Short title, commencement and application " These Rules may be called the Legal Practitioners' Fees Rules, 1973. They shall come into force as and from the date of publication in the Tamil Nadu Government Gazette and shall apply to all proceedings pending on that date and all proceedings initiated thereafter. NOTES According to Article 227 (1) of the Constitution, every High Court shall have superintendence over all Courts and Tribunals throughout the Territories in relation to which it exercises jurisdiction. Article 227 (3) of the Constitution provides that the High Court may also settle Tables of fees to be allowed to the.....

Code of Civil Procedure, 1908 Rule 13 to 14

Title: Commissions to Make Partitions

State: Central

Year: 1908

.....Commissioner (1) The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which the commission was issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award sums to be paid for the purpose of equalizing the value of the shares. (2) The Commissioner shall then prepare and sign a report or the Commissioners (where the commission was issued to more than one person and they cannot agree) shall prepare and sign separate reports appointing the share of each party and distinguishing each share (if so directed by the said order) by metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the Court; and the Court, after hearing any objections which the parties may make to the report or reports, shall confirm, vary or set aside the same. (3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a new commission or make such other order as it shall think fit. .....

Code of Civil Procedure, 1908 Rule 1 to 2

Title: Appeals from Orders

State: Central

Year: 1908

.....compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.] 2. Procedure The rules of Order XLI shall apply, so far as may be, to appeals from orders. ______________________ 1. Inserted by Act 104 of 1976, section 89(i)(a) (w.e.f. 1-2-1977). 1a. Inserted by Act 104 of 1976, section 89(ii) (w.e.f. 1-2-1977). 1b. Inserted by Act 104 of 1976, section 89(e) (w.e.f. 1-2-1977). 2. Clause (b) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 3. Clause (e) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 4. Clause (g) and (h) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 5. Clause (m) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 6. Clause (o) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 7. Clause (v) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977).