Bare Act Search Results

Code 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.....

Code of Civil Procedure, 1908 Rule 3 to 9

Title: Courts Executing Decrees

State: Central

Year: 1908

.....by another Court The Court sending a decree for execution shall send- (a) a copy of the decree; (b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within the jurisdiction of the Court by which it was passed, or, where the decree has been executed in part, the extent to which satisfaction has been obtained and what part of the decree remains unsatisfied; and (c) a copy of any order for the execution of the decree, or, if no such order has been made, a certificate in that effect. 7. Court receiving copies of decree, etc., to file same without proof The Court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded under the hand of the Judge, requires such proof. 8. Execution of decree or order by Court to which it is sent Where such copies are so filed, the decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be transferred for execution to any subordinate Court of competent jurisdiction. .....

Code of Civil Procedure, 1908 Rule 1

Title: Provincial Small Cause Courts

State: Central

Year: 1908

.....much of this Schedule as relates to-- (i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees in such suits; (ii) the execution of decrees against immovable property or the interest of a partner in partnership property; ( iii ) the settlement of issues; and (b) the following rules and orders :-- Order II, rule 1 (frame of suit); Order X, rule 3 (record of examination of parties); Order XV, except so much of rule 4 as provides for the pronouncement at once of judgment; Order XVIII, to rules 5 to 12 (evidence); Orders XLI to XLV (appeals); Order XLVII, rules 2,3, 5,6, 7 (review); Order LI. _______________________ 1. Inserted by Act 4 of 1941, section 2 and Schedule III. 2. Substituted by Act 4 of 1941, section 2 and Schedule, III, for "under that Act". 3. Inserted by Act 2 of 1951, section 18. 4. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States."

Code of Civil Procedure, 1908 Section 7

Title: Provincial Small Cause Courts

State: Central

Year: 1908

..... (a) so much of the body of the Code as relates to-- (i) suits excepted from the cognizance of a Court of Small Causes; (ii) the execution of decrees in such suits; (iii) the execution of decrees against immovable property; and (b) the following sections, that is to say,-- section 9 , sections 91 and 92 , sections 94 and 955[so far as they authorize or relate to-- (i) orders for the attachment of immovable property, (ii) injunctions, (iii) the appointment of a receiver of immovable property, or (iv) the interlocutory orders referred to in clause (e) of section 94 ], and sections 96 to 112 and 115 . _________________ 1.Inserted by Act 4 of 1941, Section 2 and Schedule III. 2.Substituted by Act 4 of 1941, section 2 and Schedule III, for "under that Act". 3.Inserted by Act 2 of 1951, section 5 (w.e.f. 1-4-1951). 4.Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "Part B States". 5.Substituted by Act 1 of 1926, Section 3, for "so far as they relate to injunctions and interlocutory orders".

Code of Civil Procedure, 1908 Complete Act

Title: Code of Civil Procedure, 1908

State: Central

Year: 1908

.....3 Order 49 - Chartered high courts Order 49 Rule 1 to 3 Order 50 - Provincial small cause courts Order 50 Rule 1 Order 51 - Presidency small cause courts Order 51 Rule 1 Appendix A - PLEADINGS Appendix B - PROCESS Appendix C - DISCOVERY, INSPECTION AND ADMISSION Appendix D - DECREES Appendix E - EXECUTION Appendix F - SUPPLEMENTAL PROCEEDINGS Appendix H - MISCELLANEOUS Appendix G - APPEAL, REFERENCE AND REVIEW Schedule 2 - THE SECOND SCHEDULE (Repealed) Schedule 3 - THE THIRD SCHEDULE (Repealed) Schedule 4 - THE FOURTH SCHEDULE (Repealed) Schedule 5 - THE FIFTH SCHEDULE (Repealed) Amending Act 1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999 Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002

Code of Civil Procedure, 1908 Part I

Title: Suits in General

State: Central

Year: 1908

.....B anking 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 interest3[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. ___________________ 1. Substituted by Act 66 of 1956, section 2, for certain words (w.e.f. 1-1-1957). 2. Added by Act 104 of 1976, section 13 (w.e.f. 1-7-1977). 3. Substituted by Act 66 of 1956, section 2, for "on such aggregate sum as aforesaid" (w.e.f. 1-1-1957). Section 35 to 35B - Costs 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.....

Code of Civil Procedure, 1908 Section 35A

Title: Compensatory Costs in Respect of False or Vexatious Claims or Defences

State: Central

Year: 1908

.....this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation is respect of such claim or defence.] __________________ 1. Section 35A was Inserted by Act 9 of 1922, section 2, which, under section 1(2) thereof may be brought into force in any State by the State Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, Orissa and Tamil Nadu. 2. Substituted by Act 66 of 1956, section 4, for "not being an appeal" (w.e.f. 1-1-1957). 3. Substituted by Act 104 of 1976, section 14(i), for "excluding an appeal" (w.e.f. 1-2-1977). 4. Substituted by Act 66 of 1956, section 4, for certain words (w.e.f. 1-1-1957). 5. Substituted by Act 104 of 1976, section 14(ii), for "one thousand rupees" (w.e.f. 1-2-1977). 6. Inserted by Act 2 of 1951, section 7 (w.e.f. 1-4-1951). 7. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "a Part B State". 8. Substituted by Act 2 of 1951, section 7, for "under that Act" (w.e.f. 1-4-1951).

Code of Civil Procedure, 1908 Rule 1 to 4

Title: Examination of Parties by the Court

State: Central

Year: 1908

.....admissions and denials, the Court shall direct the parties to the suit to opt either mode of the settlement outside the Court as specified in sub-section (1) of section 89. On the option of the parties, the Court shall fix the date of appearance before such forum or authority as may be opted by the parties. 1[1B. Appearance before the conciliatory forum or authority Where a suit is referred under rule 1A, the parties shall appear before such forum or authority for conciliation of the suit. 1[1C. Appearance before the Court consequent to the failure of efforts of conciliation Where a suit is referred under rule 1A and the presiding officer of conciliation forum or authority is satisfied that it would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the matter again to the Court and direct the parties to appear before the Court on the date fixed by it.] 2 [2. Oral examination of party, or companion of party (1) At the first hearing of the suit, the Court- (a) shall, with a view to elucidating matters in controversy in the suit, examine, orally such of the parties to the suit appearing in person or present in.....

Code of Civil Procedure, 1908 Section 44A

Title: Execution of Decrees Passed by Courts in Reciprocating Territory

State: Central

Year: 1908

.....satisfied or adjusted and such certificate shall, for the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or adjustment. (3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the proceedings of a District Court executing a decree under this section, and the District Court shall refuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any of the exceptions specified in clauses (a) to (f) of section 13. 4 [Explanation 1.--"Reciprocating territory" means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and "superior Courts", with reference to any such territory, means such Courts as may be specified in the said notification. Explanation 2.--"Decree" with reference to a superior Court means any decree or judgment of such Court under which a sum of money is payable, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty, but.....

Code of Civil Procedure, 1908 Rule 1 to 4

Title: Payment into Court

State: Central

Year: 1908

..... The defendant in any suit to recover a debt or damages may, at any stage of the suit, deposit in Court such sum of money as he considers a satisfaction in full of the claim. 2. Notice of deposit Notice of the deposit shall be given through the Court by the defendant to the plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff on his application. 3. Interest on deposit not allowed to plaintiff after notice No interest shall be allowed to the plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the sum deposited is in full of the claim or falls short thereof. 4. Procedure where plaintiff accepts deposit as satisfaction in part (1) Where the plaintiff accepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance; and, if the Court decides that the deposit by the defendant was a full satisfaction of the plaintiff's claim, the plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous thereto, so far as they were caused by excess in the plaintiff's claim. (2) Procedure where he.....