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.....

The Madras Estates Land Act, 1908 Complete Act

State: Kerala

Year: 1908

THE MADRAS ESTATES LAND ACT, 1908 THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Chapter I - PRELIMINARY THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Section 1 - Short title, Commencement, Local extent This Act may be called the Madras Estates Land Act, 1908: It shall come into force on the first day of July 1908: and it shall extend to the whole of the Presidency of Madras except the Presidency Town, the district of Malabar and the portion of the Nilgiri district known as the South East Wynaad. Section 2 - Repeal Madras Acts VIII of 1865 and II of 1871 and section 7 of Madras Act.....

Ports Act, 1908 Complete Act

State: Central

Year: 1908

.....been preserved. The only clause which in any way alters the law at at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by S.228 of the Merchant Shipping Act, 1854 to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict.. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment. The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation. The schedule has been amended accordingly........"- Gaz. of Ind.. 1908, Part V. page 309.An Act to condolidate the enactments.....

Code of Civil Procedure, 1908 Rule 9 to 30

Title: Service of Summons

State: Central

Year: 1908

.....for "all documents" (w.e.f. 01.07.2002.) 2. Substituted by Act 104 of 1976, section. 55(ii), for rule 15 (w.e.f. 1-2-1977). 3. Inserted by Act of 1976, Section. 55(iii) (w.e.f. 01.02.1977). 3i. Section 19A was earlier inserted by Act 104 of 1976, Section. 55(iv) (w.e.f. 01.02.1977). 4. Rule 20A was earlier inserted by Act 66 of 1956, section 14 (w.e.f. 01.01.1957). 5 . Substituted by Act 46 of 1999, section. 15(vii), for "or by post" (w.e.f. 01-07-2002). 6 . Substituted by the A.O. 1937, for "Bombay and Rangoon''. 7. Substituted by Act 46 of 1999, Section. 15(viii), for "by post or otherwise" (w.e.f. 01-07-2002). 8 . Substituted by Act 2 of 1951, section 3, for "the States". 9 . Substituted by Act 46 of 1999, section 15(ix), for "by Post" (w.e.f. 01-07-2002). 10. Inserted by Act 19 of 1951, Section. 2. 11. Substituted by Act 104 of 1976, Section. 55(vii)(a), for "resides in Pakistan" (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 55(vii)(b), for "in Pakistan (not belonging to the Pakistan military, naval or air forces)" (w.e.f. 01.02.1977). 13. Substituted by Act 104 of 1976, Section. 55, for rule 26 (w.e.f. 1-2-1977). 14......

Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

.....to the institution of the suit. Or 2. That an inquiry be made as the account of mesne profits which have accrued dueprior to the institution of the suit. 3. That an inquiry be made as tothe amount of mesne profitsfrom the institution of the suit until [the delivery of possession to thedecree-holder] [the relinquishment of possession by the judgment-debtor withnotice to the decree-holder through the Court] [the expiration of three yearsfrom the date of the decree]. ___________________ 1. Substituted by Act 21 if 1929,section 8 and Schedule, for Forms 3 to 11. 2.Words not required to be deleted. 3.Here insert name of proper officer. Total Total Total Total

Code of Civil Procedure, 1908 Part II

Title: Execution

State: Central

Year: 1908

..... 30 [***] ____________________ 1. For amendments to section 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Punjab Act 7 of 1934), section 35, as amended by Punjab Acts 12 of 1940 and 6 of 1942. 2. Substituted by Act 104 of 1976, section 23(i)(a), for "an agriculturist" (w.e.f. 1-2-1977). 3. Inserted by Act 104 of 1976, section 23(i)(b), (w.e.f. 1-2-1977). 4. For such a notification, see Gazette of India, 1909, Pt. I, p.5. 5. Substituted by the A.O. 1937, for "the G.G. in C." 6. Substituted by Act 9 of 1937, section 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, See Act 9 of 1937, section 3. 7. The words "and salary, to the extent of the first hundred rupees and one-half the remainder of such salary" omitted by Act 5 of 1943, section 2. 8. Substituted by Act 5 of 1943, section 2, for clause (i) and proviso. 9. Substituted by Act 26 of 1963, section 2, for "the first hundred rupees". 10. Substituted by Act 104 of 1976, section 23(i)(c)(i), for "two hundred rupees and one-half the remainder".....

Code of Civil Procedure, 1908 Section 60

Title: Property Liable Toattachment and Sale in Execution of Decree

State: Central

Year: 1908

..... 4. For such a notification, see Gazette of India, 1909, Pt. I, p.5. 5. Substituted by the A.O. 1937, for "the G.G. in C." 6. Substituted by Act 9 of 1937, section 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any proceedings arising out of a suit instituted before 1st June, 1937, See Act 9 of 1937, section 3. 7. The words "and salary, to the extent of the first hundred rupees and one-half the remainder of such salary" omitted by Act 5 of 1943, section 2. 8. Substituted by Act 5 of 1943, section 2, for clause (i) and proviso. 9. Substituted by Act 26 of 1963, section 2, for "the first hundred rupees". 10. Substituted by Act 104 of 1976, section 23(i)(c)(i), for "two hundred rupees and one-half the remainder" (w.e.f. 1-2-1977). 11. Substituted by Act 46 of 1999, sec. 6 for "four hundred rupees" (w.e.f. 1-7-2002). 12. Inserted by Act 66 of 1956, section 6 (w.e.f. 1-1-1957). 13. Substituted by Act 104 of 1976, section 23(i)(c)(ii), for the proviso (w.e.f. 1-2-1977). 14. Substituted by Act 104 of 1976, section 23(i)(d), for clause (j) (w.e.f. 1-2-1977). 15. Substituted by Act 9 of 1937, section 2, for "1897". .....

Registration Act, 1908 Part IX

Title: Of the Deposit of Wills

State: Central

Year: 1908

..... 1. Vide Goa Act 24 of 1985, section 3 (w.e.f. 5-12-1985). 2. Vide Karnataka Act 55 of 1976, section 4 (w.e.f. 24-10-1976). 3. Vide Kerala Act 7 of 1963, section 5 (w.e.f. 22-2-1968). 4. Vide Orissa Act 14 of 1989, section 4 (w.e.f. 19-9-1989). 5. Vide Pondicherry Act 17 of 1970, Schdule Item (1) (w.e.f. 1-11-1970). 6. Vide Tripura Act 7 of 1982, section 4 (w.e.f. 1-1-1983). Section 46 - Saving of certain enactments and powers of Courts (1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will. (2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid. STATE AMENDMENTS 1Goa: In section 46,-- (a) for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filed" shall be.....

Registration Act, 1908 Section 43

Title: Procedure on Deposit of Wills

State: Central

Year: 1908

(1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover. (2) The Registrar shall then place and retain the sealed cover in his fire-proof box.

Code of Civil Procedure, 1908 Rule 1 to 6

Title: Interpleader

State: Central

Year: 1908

.....be entitled to any order in the suit. 3. Procedure where defendant is suing plaintiff Where any of the defendants, in an interpleader-suit is actually suing the plaintiff in respect of the subject-matter of such suit, the Court in which the suit against the plaintiff is pending shall, on being informed by the Court in which the interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleader-suit. 4. Procedure at first hearing (1) At the first hearing the Court may-- (a) declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit ; or (b) if it thinks that justice or convenience so require, retain all parties until the final disposal of the suit. (2) Where the Court finds that the admissions of the parties or other evidence enable it to do so, it may adjudicate the title to the thing claimed. (3) Where the admissions of the parties do not enable the Court so.....