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Start Free TrialCode of Civil Procedure, 1908 Amending Act 2
Title: Code of Civil Procedure (Amendment) Act, 2002
State: Central
Year: 1908
.....expired before the commencement of the Code of Civil Procedure (Amendment) Act, 2002.". 15. Amendment of the Code of Civil Procedure (Amendment) Act, 1999 In the Code of Civil Procedure (Amendment) Act 1999 (46 of 1999),-- (a) section 30 shall be omitted; (b) in section 32 in sub-section (2),-- (i) clauses (g) and (h) shall be omitted; (ii) for clause (j), the following clause shall be substituted, namely:-- "(j) the provisions of rules 1,2, 6,7, 9, 9A, 19A, 21, 24 and 25 of Order V of the First Schedule as amended or, as the case may be, substituted or omitted by section 15 of this Act, and by section 6 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in respect of any proceedings pending before the commencement of section 15 of this Act and section 6 of the Code of Civil Procedure (Amendment) Act, 2002;"; (iii) for clause (k), the following clause shall be substituted, namely:-- "(k) the provisions of rules 9,11,14,15 and 18 of Order VII of the first Schedule as amended or, as the case may be, substituted or omitted by section 17 of this Act and by section 8 of the Code of Civil Procedure (Amendment) Act, 2002, shall not apply to in.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Amending Act 1
Title: Code of Civil Procedure (Amendment) Act, 1999
State: Central
Year: 1908
.....of 1999] [30th December, 1999] PREAMBLE An Act further to amend the Code of Civil Procedure, 1908, the Limitation Act, 1963 and the Court Fees Act, 1870. BE IT enacted by Parliament in the Fiftieth Year of the Republic of India as follows: -- __________________________ 1.The Amendment Act, 1999 notified vide a Notification No. S.O. 603(E) Dated 6th June, 2002 where by Central Govt. appoints the 1st day of July, 2002 as effective date CHAPTER I : PRELIMINARY 1. Short title and commencement. - (1) This Act may be called the Code of Civil Procedure (Amendment) Act, 1999. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States or for different parts thereof. CHAPTER II : AMENDMENT OF SECTIONS 2. Amendment of section 26. - In the Code of Civil Procedure, 1908 (5 of 1908) (hereinafter referred to as the principal Act), existing section 26 shall be renumbered as sub-section (1), and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:-- "(2) In every.....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Part V
Title: Of the Place of Registration
State: Central
Year: 1908
.....relating to land.--Save as in this part otherwise provided every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 insofar as such documents affect immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of the Sub-Registrar within whose sub-district or district the whole of the property to which such document relates is situated in the State of Bihar." 5 Gujarat: Amendment is the same as that of Maharashtra. 6 [7 [Maharashtra: (i) In section 28 for the letters, brackets and word "(b) and (c)" substitute the brackets, letters and word "(b), (c), (cc) and (ee)". (ii) For brackets, letters, word and figure "(ee) and (eee)", brackets, letters and words "and (ee)" shall be substituted. 8 Pondicherry: Section 28 shall be substituted as under: "28. Place for registering documents relating to land.--Save as in this Part otherwise provided,-- (a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17, in so far as such document affects immovable property and in clauses (a), (b), (c) and.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 5
Title: Temporary Injuctions
State: Central
Year: 1908
.....the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain. ______________________ 1. Rule 1 renumbered as sub-rule (1) of that rule by Act 46 of 1999, section 30 and section 30 of the Act 46 of 1999, by which it was so re-numbered, has been omitted by Act 22 of 2002, section 16 (w.e.f. 1-7-2002). 2. Substituted by Act 104 of 1976, section 86(i)(a), "for defraud" (w.e.f. 1-2-1977). 3. Inserted by Act 104 of 1976, section 86(i)(b) (w.e.f. 1-2-1977). 4. Sub-rule (2) inserted by Act 46 of 1999, section 30 and section 30 of the Act 46 of 1999, by which sub-rule (2) it was so inserted, has been omitted by Act 22 of 2002, section 15(a) (w.e.f. 1-7-2002). 5 . Sub-rules (3) and (4) omitted by Act 104 of 1976, section 86(ii) (w.e.f. 1-2-1977). 6. Inserted by Act 104 of 1976, section 86(iii) (w.e.f. 1-2-1977). 7. Inserted by Act 104 of 1976, section 86(iv) (w.e.f. 1-2-1977). 8. Inserted by Act 104 of 1976, section 86(v) (w.e.f. 1-2-1977). 9. Inserted by Act 104 of 1976, section 86(vi) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 5 to 8
Title: Stay of Proceedings and of Execution
State: Central
Year: 1908
.....anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.] 6. Security in case of order for execution of decree appealed from (1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security. (2) Where an order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of. .....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Part V
Title: Special Proceedings
State: Central
Year: 1908
.....under the provisions of that Act; (b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat; (c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act; (d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.] _________________ 1. Section 89 rep. by Act 10 of 1940, sec. 49 and Sch. II and again inserted by Act, 46 of 1999, sec. 7 (w.e.f. 1-7-2002). Section 90 - Power to state case for opinion of Court Special case Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed. Section 91 to 93.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 5 to 13
Title: Attachment Before Judgment
State: Central
Year: 1908
.....to an attachment made before judgment which continues after the judgment by virtue of the provisions of rule 11. (2) An attachment made before judgment in a suit which is dismissed for default shall not become revived merely by reason of the fact that the order for the dismissal of the suit for default has been set aside and the suit has been restored.] 12. Agricultural produce not attachable before judgment Nothing in this Order shall be deemed to authorize the plaintiff to apply for the attachment of any agricultural produce in the possession of an agriculturist, or to empower the Court to order the attachment or production of such produce. 3[13. Small Cause Court not to attach immovable property Nothing in this Order shall be deemed to empower any Court of Small Causes to make an order for the attachment of immovable property.] ___________________ 1. Inserted by Act 104 of 1976, section 85(i) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section 85(ii), for rule 8 (w.e.f. 1-2-1977). 3. Inserted by Act 1 of 1926, section 4.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 5
Title: Appointment of Receivers
State: Central
Year: 1908
.....rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit. (2) Nothing in this rule shall authorize the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove. 2. Remuneration The Court may by general or special order fix the amount to be paid as remuneration for the services of the receiver. 3. Duties Every receiver so appointed shall-- (a) furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive in respect of the property; (b) submit his accounts at such periods and in such form as the Court directs; (c) pay the amount due from him as the Court directs; and (d) be responsible for any loss occasioned to the property by his wilful default or gross negligence. 4. Enforcement of receiver's duties Where a receiver (a) fails to submit his accounts at such periods and in such form as the Court directs, or (b) fails to pay the amount due from him as the Court directs, or (c) occasions loss to the property by his wilful default or gross negligence, the Court may direct.....
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 5
Title: Alteration of Limits of Ports
State: Central
Year: 1908
(1) The1[Government] may,2[***] subject to any rights of private property, alter the limits of any port in which this Act is in force.3[Explanation.--For the removal of doubts, it is hereby declared that the power conferred on the Government by this sub-section includes the power to alter the limits of any port by uniting with that port, any other port or any part of any other port.] (2) When the1[Government] alters the limits of a port under Sub-section (1), it shall declare or describe, by notification in the4[Official Gazette], and by such other means, if any, as it thinks fit, the precise extent of such limits. ___________________________ 1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1978). 2. The words "with the previous sanction of the Governor General in Council and" were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), Section 2. 3. Inserted by the Port Laws (Amendment) Act (17 of 1978), Section 2 (4-5-1978). 4. Substituted for the words "Gazette of India", by A.O., 19. Section 5A
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Chapter V
Title: Port-dues, Fees and Other Charges
State: Central
Year: 1908
.....the 1 [Government] prescribes, the receipts and expenditure of the port, and shall publish annually as soon after the first day of April as may be practicable an abstract, in such form as 2 [the Government] prescribes, of the account for the past financial year; 3 [Provided that the port fund account for any port may, if so authorized under the provisions of any Act relating to such port, be merged with the general account of that port, and in such a case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and (5) shall have effect as if for the words "the port fund account of the port" therein, the words "the general account of the port" had been substituted.] 4 [* * * * *] (4) All money received under this Act at or on account of any port subject to this Act, excluding receipts on account of pilotage but including-- 5 [(a) fines other than those creditable to the pilotage account of the port under sub-section (5a)], (b) proceeds of waifs, and (c) any balance of the proceeds of a sale under section 14 where no right to the balance has been established on a claim made within three years from the date of the sale, shall be.....
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