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Start Free TrialCode 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 41 to 57
Title: Attachment of Property
State: Central
Year: 1908
.....of execution, or to appear and show cause why he should not do so. (2) An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating that in the belief of the deponent, the garnishee is indebted to the judgment-debtor. (3) Where the garnishee pays in the Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of the execution, the Court may direct that the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution.] 3a[46B. Order against garnishee Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.] 3a[46C. Trial of disputed questions Where the garnishee disputes liability, the Court may order that any issue or question necessary for the determination of liability.....
View Complete Act List Judgments citing this sectionBombay Building (Control on Erection, Re-erection and Conversion) (Repeal) Act, 1971, (Maharashtra) Preamble
Title: the Bombay Building (Control on Erection, Re
State: Maharashtra
Year: 1971
THE BOMBAY BUILDING (CONTROL ON ERECTION, RE-ERECTION AND CONVERSION) (REPEAL) ACT 1971 [Act No. XLI of 1971]1 [08th November, 1971] PREAMBLE An Act to repeal the Bombay Building (Control on Erection, Re-erection and Conversion) Act, 1948. WHEREAS, it is expedient to repeal the Bombay Building (Control on Erection, Re-erection and Conversion) Act, 1948; it is hereby enacted in the Twenty-second Year of the Republic of India as follows :- INTRODUCTION In 1948, the Bombay Building (Control on Erection, Re-erection and Conversion) Act. 1948 was enacted. At that time, there was an acute shortage of having accommodation for industrial towns and cities in the State therefore, to regulate the supply of building materials (e.g. bricks, iron and steel, cement etc.) and rationing the supply to the needy, such Act to control the construction of buildings was enacted. During that shortage period, non-essential construction work was not allowed without permission. But when such situation was eased, the old Act, is now repealed. ______________ 1. For Statement of Objects and Reasons, see Maharashtra Government Gazette. 1971, Part V, Extra, p. 197.
View Complete Act List Judgments citing this sectionCode of Civil Procedure 1908 Complete Act
State: Central
Year: 1908
.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....
List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....
List Judgments citing this sectionDelhi Cooperative Societies Act, 1972 Complete Act
State: Delhi
Year: 1972
.....to receive, on the issue of the order of amalgamation, division or reorganisation, his share or interest, if he be a member and the amount in satisfaction of his dues, if he be a creditor (5) On the issue of an order under sub-section (1), the provisions of subsections (2) , (3) and (4) of Section 19 shall apply to the co-operative societies so amalgamated, divided or re-organised as if the amalgamation, division or reorganisation had been made under Section 15 Section17 Registrar to prepare scheme of amalgamation of co-operative bank in certain cases When an order of moratorium has been made by the Central Government under sub-section (2) of Section 45 of the Banking Regulation Act, 1949, in respect of a co-operative bank, the Registrar with the previous approval of the Reserve Bank in writing, may, during the period of moratorium, prepare a scheme (a) for the reorganisation of the Co-operative Bank; or (b) for the amalgamation of the co-operative bank with any other cooperative bank Section18 Liability of a co-operative bank to the Deposit Insurance Corporation Notwithstanding anything contained in Sections 15 and 16 or any other provision of this Act, where a.....
List Judgments citing this sectionMulti State Cooperative Societies Act, 1984 Complete Act
State: Central
Year: 1984
.....refusing admission to the applicant. ' (6) Notwithstanding anything contained in this section, the Central Government may, having regard to the fact that the interest of any person or class of persons conflicts or is likely to conflict with the objects of any multi-State co-operative society or class of multi-State co-operative societies, by general or special order published in the Official Gazette, declare that any person or class of persons engaged in or carrying on any profession, business or employment shall be disqualified from being admitted, or for continuing, as members or shall be eligible for membership only to a limited extent of any specified multi-State cooperative society or class of multi-State co-operative societies, so long as such person or persons is or are engaged in or carrying on, that profession, business or employment, as the case may be. SECTION 20: MEMBERS NOT TO EXERCISE RIGHTS TILL DUE PAYMENT MADE No member of a multi-State co-operative society shall exercise the rights of a member, unless he has made such payments to the society in respect of membership, or has acquired such interest in the society, as may be specified in the bye-laws. SECTION.....
List Judgments citing this sectionIncome Tax Act, 1961 Schedule II
Title: Procedure for Recovery of Tax
State: Central
Year: 1961
.....the whole or any part of such property : Provided further that if the defaulter whose property has been so attached furnishes security to the satisfaction of the Tax Recovery Officer, such attachment shall be cancelled from the date on which such security is accepted by the Tax Recovery Officer. 4. Mode of recovery. If the amount mentioned in the notice is not paid within the time specified therein or within such further time as the Tax Recovery Officer may grant in his discretion, the Tax Recovery Officer shall proceed to realise the amount by one or more of the following modes : (a) by attachment and sale of the defaulter's movable property ; {b) by attachment and sale of the defaulter's immovable property ; (c) by arrest of the defaulter and his detention in prison ; (d) by appointing a receiver for the management of the defaulter's movable and immovable properties. 5. Interest, costs and charges recoverable. There shall be recoverable, in the proceedings in execution of every certificate, - (a) such interest upon the amount of tax or penalty or other sum to which the certificate relates as is payable in accordance with subsection (2) of section 220, and .....
View Complete Act List Judgments citing this sectionKarnataka Co-operative Societies Act, 1959 Section 103
Title: Attachment of Property Before Award or Order
State: Karnataka
Year: 1959
.....of the proceedings referred to in the foregoing sub-section may direct the disposal of the property so attached towards the claim if awarded. (3) Attachment made under this section shall not affect the rights,subsisting prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree.] ______________________________________ 1. Re-numbered by Act 40 of 1964 w.e.f. 26.6.1965. 2. Sub-sections (2) and (3) inserted by Act 40 of 1964 w.e.f. 26.6.1965.
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Section 34C
Title: Provisional Attachment to Protect Revenue in Certain Cases
State: Central
Year: 1957
.....provisionally anyproperty belonging to the assessee in the manner provided in the Second Scheduleto the Income-tax Act as made applicable to this Act by section 32. 3 [Explanation. -For the purposes of this sub-section, theproceedings under sub-section (5) of section 37A shall be deemed to beproceedings for the assessment of any net wealth or for the assessment orreassessment of any net wealth which has escaped assessment.] (2)Every such provisional attachment shall cease to have effect after the expiry ofa period of six months from the date of the order made under sub-section (1): Providedthat the 2 [Chief Commissioner or Commissioner] may, for reasons to berecorded in writing, extend the aforesaid period by such further period orperiods as he thinks fit, so however, that the total period of extension shallnot in any case exceed two years.] 4 [Provided further that where an application for settlement under section 22C ismade the period commencing from the date on which such application is made andending with the date on which an order under sub-section (1) of section 22D ismade shall be excluded from the period specified in the preceding proviso.] .....
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