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Start Free TrialCode of Civil Procedure, 1908 Rule 16 to 29
Title: Procedure of Hearing
State: Central
Year: 1908
.....appealed from Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required ; and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court together with its findings thereon and the reasons therefor 1d[within such time as may be fixed by the Appellate Court or extended by it from time to time]. 26. Findings and evidence to be put on record--Objections to finding (1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding. (2) Determination of appeal.--After the expiration of the period so fixed for presenting such memorandum the Appellate Court shall proceed to determine the appeal. 1e[26A. Order of.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 13 to 14
Title: Settings Aside Decrees Ex Parte
State: Central
Year: 1908
.....had sufficient time to appear and answer the plaintiffs claim.] 2 [Explanation.--Where there has been an appeal against a decree passed ex parte under this rule, and the appeal has been disposed of on any ground other than the ground that the appellant has withdrawn the appeal, no application shall lie under this rule for setting aside the ex parte decree.] 14. No decree to be set aside without notice to opposite party No decree shall be set aside on any such application as aforesaid unless notice thereof has been served on the opposite party. ________________________ 1. Added by Act 104 of 1976, section 59(v) (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 59(vi) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 24
Title: Procedure at Hearing
State: Central
Year: 1920
.....proof as to satisfy the Court that there are prima facie grounds for believing the same and the Court, if and when so satisfied, shall not be bound to hear any further evidence thereon; (b) that the debtor, if he does not appear on a petition presented by a creditor, has been served with notice of the order admitting the petition; and (c) that the debtor has committed the act of insolvency alleged against him. (2) The Court shall also examine the debtor, if he is present, as to his conduct, dealings and property in the presence of such creditors as appear at the hearing, and the creditors shall have the right to question the debtor thereon. (3) The Court shall, if sufficient cause is shown, grant time to the debtor or to any creditor to produce any evidence which appears to it to be necessary for the proper disposal of the petition. (4) A memorandum of the substance of the examination of the debtor and of any other oral evidence given shall be made by the Judge, and shall form part of the record of the case.
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 269F
Title: Hearing of Objections
State: Central
Year: 1961
.....to between the parties has not been truly stated in the instrument of transfer with such object as is referred to in clause (a) or clause (b) of sub-section (1) of section 269C, he may, after obtaining the approval of the Commissioner, make an order for the acquisition of the property under this Chapter. Explanation: In this sub-section, Commissioner, in relation to a competent authority, means such Commissioner as the Board may, by general or special order in writing, specify in this behalf. (7) If the competent authority is not satisfied as provided in sub-section (6), he shall, by order in writing, declare that the property will not be acquired under this Chapter. (8) The competent authority shall serve a copy of his order under sub-section (6) or sub-section (7), as the case may be, on the transferor, the transferee and on every person who has made objections against such acquisition under section 269E. (9) In any proceedings under this Chapter in respect of any immovable property, no objection shall be entertained on the ground that although the apparent consideration for the property is less than the fair market value of the property on the date of the execution.....
View Complete Act List Judgments citing this sectionArbitration and Conciliation Act, 1996 Section 24
Title: Hearings and Written Proceedings
State: Central
Year: 1996
(1) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted onthe basis of documents an other materials; Provided that the arbitral tribunal shall hold hearings, at an appropriate stage of the proceedings, on a request by a party, unless the parties have agreed that no oral hearing shall be held. (2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of documents, goods or other property. (3) All statements, documents or other information supplied to, or applications made to, the arbitral tribunal by one party shall be communicated to the other party, and any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 24
Title: Priority of Hearing Pf Cases Concerning Persons in the Naval Service
State: Central
Year: 1957
(1) On the presentation to any Civil or Revenue Court by or on behalf of any person in the naval service while subject to naval law of a certificate from the proper naval authority of leave of absence having been granted to or applied for by him for the purpose of prosecuting or defending any suit or other proceeding in such court, the Court shall, on the application of such person, arrange, so far as may be possible, for the hearing and final disposal of such suit or other proceeding within the period of the leave so granted or applied for. (2) The certificate from the proper naval authority shall state the first and last day of the leave granted or applied for and set forth a description of the case with respect to which the leave has been granted or applied for, and shall be duly signed and authenticated by such authority. (3) No fee shall be payable to the court in respect of the presentation of any such certificate, or in respect of any application by or on behalf of any such person for priority for the hearing of his case and every such certificate duly signed and authenticated as aforesaid shay be conclusive evidence of the correctness of the contents thereof. (4) Wh
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 40
Title: Hearing of Application for Discharge
State: Central
Year: 1909
Notice of the appointment by the Court of the day for hearing the application for discharge shall be published in the prescribed manner and sent one month at least before the day so appointed to each creditor who has proved, and the Court may hear the official assignee and may also hear any creditor.At the hearing, the Court may put such questions to the insolvent and receive such evidence as it may think fit.
View Complete Act List Judgments citing this sectionMonopolies and Restrictive Trade Practices Act, 1969 Section 17
Title: Hearing to Be in Public Except in Special Circumstances
State: Central
Year: 1969
JURISDICTION, POWERS AND PROCEDURE OF THE CORPORATION 17. Hearing to be in public except in special circumstances.- (1) Subject to the provisions of sub-section (2), the hearing of proceedings before the Commission shall be in public. (2) Where the Commission is satisfied that it is desirable to do so by reason of the confidential nature of any offence or matter or for any other reason, the Commission may- (a) hear the proceeding or any part thereof in private; (b) give directions as to the persons who may be present thereat; (c) prohibit or restrict the publication of evidence given before the Commission (whether in public or in private) or of matters contained in documents filed before the Commission.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 443
Title: Power of Tribunal on Hearing Petition
State: Central
Year: 1956
.....some other remedy is available to the petitioners and that they are acting unreasonably in seeking to have the company wound up instead of pursuing that other remedy. ( 3 ) Where the petition is presented on the ground of default in delivering the statutory report to the Registrar, or in holding the statutory me eting, the Tribunal may-- (a) instead of making a winding up order, direct that the statutory report sh all be delivered or that a meeting shall be held; and (b) order the costs to be paid by any persons who, in the opinion of the Tribunal, are responsible for the default.] _____________________ 1. Substituted by Act 11 of 2003, Section 60, for Section 443 (See Annexe).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 19
Title: Hearing of the Suit and Examination of Witnesses
State: Central
Year: 1908
.....in open Court, direct their statements to be recorded on commission under rule 4A of Order XXVI.] __________________________ 1. Inserted by Act 22 of 2002, section 12(a) (w.e.f. 1-7-2002). 2. Sub-rule (4) inserted by Act 104 of 1976, section 69(i) (w.e.f. 1-2-1977) and omitted by Act 46 of 1999, section 27(i) (w.e.f. 1-7-2002). 3. Inserted by Act 104 of 1976, section 69(ii) (w.e.f. 1-2-1977). 3i. Inserted by Act 104 of 1976, Section 69(iv) (w.e.f. 01.02.1977). 3ii. Rule 17A was earlier inserted by Act 104 of 1976, section 69(vii) (w.e.f. 01.02.1977). 3iii. Inserted by Act 104 of 1976, section 69(ix) (w.e.f. 01.02.1977). 4. Substituted by Act 46 of 1999, section 27, for rule 4. 5. Substituted by Act 22 of 2002, section 12(b), for rule 4 as substituted by clause (ii) of section 27 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) (w.e.f. 1-7-2002). 6. Substituted by Act 104 of 1976, section 69(iii), for rule 5 (w.e.f. 1-2-1977). 7. The provisions of rules 5, 6, 7, 8, 9, 11, 13, 14, 15 and 16, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of 1925,.....
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