Bare Act Search Results

Code of Civil Procedure, 1908 Part X

Title: Rules

State: Central

Year: 1908

..... 1. Substituted by the A.O. 1937, for section 126. 2. Substituted by the A.O. 1950, for "Governor General". Section 127 - Publication of rules Rules so made and1[approved] shall be published in the2[Official Gazette], and shall from the dale of publication or from such other date as may be specified have the same force and effect, within the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First Schedule. ___________________ 1. Substituted by Act 24 of 1917, section 2 and Schedule 1, for "sanctioned". 2. Substituted by the A.O. 1937, for "Gazette of India or in the local official Gazette, as the case may be". Strictly the substitution would read "Official Gazette or in the Official Gazette, as the case may be", but the latter words have been omitted as being redundant. Section 128 - Matters for which rules may provide (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),.....

Code of Civil Procedure, 1908 Section 128

Title: Matters for Which Rules May Provide

State: Central

Year: 1908

.....any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely: (a) the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service; (b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale; (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction ; (d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts; (e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not; (f) summary procedure (i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising .....

Bombay Court-fees Act, 1959, (Maharashtra) Section 28

Title: Notice of Applications for Probate or Letters of Administration to Be Given to Revenue Authorities, and Procedure Thereon

State: Maharashtra

Year: 1959

.....aforesaid period the petitioner files in Court his objection, the Court shall hold, or cause to be held, an inquiry in accordance with the provisions of sections 9, 10 and 11 as if the application were a suit, and shall record a finding as to the true value, as near as may be, at which the property of the deceased should have been estimated. The Collector shall be deemed to be a party to the inquiry. (6) The finding of the Court recorded under sub-section (5) shall be final, but shall not bar the entertainment and disposal by the Chief Controlling Revenue Authority of any application under section 25. (7) The State Government may make rules for the guidance of Collectors in the exercise of the powers conferred by sub-section (3).

Bombay Court Fees Act 1959 Complete Act

State: Central

Year: 1959

BOMBAY COURT FEES ACT 1959 BOMBAY COURT FEES ACT 1959 36 of 1959 An Act to consolidate and amend the law relating to fees taken in the Courts and public offices and fees taken in respect of certain matters in the State of Bombay, other than fees falling ; under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India. Whereas it is expedient to consolidate and amend the law relating to fees taken in the courts and public offices and fees taken in respect of certain matters in the state of Bombay, other than fees falling under Entries 77 and 96 of List I in the Seventh Schedule to the Constitution of India; It is hereby enacted in the Tenth Year of the Republic of India, as follows CHAPTER 1: PRELIMINARY: Section 1: Short title, extent, commencement and application: Gujarat S.1- Provision is the same as in Maharashtra, except that word 'Maharashtra' is substituted as 'Gujarat'. Hereafter only where there is some difference in words of the provisions, Gujarat provision is noted below the relevant section, else the Act is the same both in Gujarat and Maharashtra. Gujarat In its application to the State of Gujarat, in S......

Bombay Court Fees Act, 1959 Complete Act

State: Maharashtra

Year: 1959

.....would have occasioned a less court-fee to be paid on the probate or letters of administration granted in respect of such estate than has been actually paid thereon under this Act, such Authority may return the difference, provided the same be claimed within three years after the date of such probate or letters. But when, by reason of any legal proceeding, the debts due from the deceased have not been ascertained and paid, or his effects have not been recovered and made available, and in consequence thereof the executor or administrator is prevented from claiming the return of such difference within the said term of three years, the said Authority may allow such further time for making the claim as may appear to be reasonable under the circumstances. SECTION 23: RELIEF IN CASE OF SEVERAL GRANTS Whenever a grant of probate or letters of administration has been or is made in respect of the whole of the property belonging to an estate, and the full fee chargeable under this Act has been or is paid thereon, no fee shall be chargeable under the same Act when a like grant is made in respect of the whole or any part of the same property belonging to the same estate. Whenever.....