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Start Free TrialIndian Ports Act, 1908 Schedule I
Title: First Schedule
State: Central
Year: 1908
..... 24.Substituted by G.S.R. 590B,D/5-10-1982, Pt. II-S. 3(i) Ext. P.2. 25.Substituted for the originalclause by the Madras Indian Ports (Amdt.) Act, 1925 (Mad. 1 of 1926), Section. 26.Inserted by Notification of theGovt. of India in the Commerce Department, No. 19-P (27)/37 dated 7th August,1937.' 27.Inserted by the G.S.R. 448(e),D/20-8-1975 28.Inserted by the G.S.R. 450 (E),D/- 20-8-1975 29.Substituted for "any portin the island of Ceylon or any part of India" by Notification No. 19-P,(44)/45-I, dated 8th February, 1946, 30.Thewords "and Burma, between the westernmost part of Sind and t hesouthernmost part of Burma" omitted by Notification No. 19-P, (20)/414,dated 4th August, 1941 31.Substitutedfor "Tug-steamers, ferry-steamers and river-steamers" by Notifn. No.459, D// 27-3-1923 issued by the Government of Bombay in the Marine Department. 32.Substitutedfor the words "four annas per ton" by the G.S.R. 752/- D/- 24-4-1970 33.Substituted for "LocalGovernment" by A.O. 1937 [1-4-1937]. Due how often chargeable in respect of same vessel 1 2 3 4 District .....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 7
Title: Attendance of Witnesses Confined or Detained in Prisons
State: Central
Year: 1908
.....is satisfied that the examination of such person on commission will not be adequate. 3. Expenses to be paid into Court (1) Before making any order under rule 2, the Court shall require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, including the travelling and other expenses of the escort provided for the witness. (2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made by the High Court in that behalf. 4. Power of State Government to exclude certain persons from the operation of rule 2 (1) The Stale Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the State Government, shall have effect in respect of such person.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 3
Title: Suits by or Against Trustees, Executors and Administrators
State: Central
Year: 1908
1 . Representation of beneficiaries in suits concerning property vested in trustees, etc. In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit. B ut the Court may, if it thinks fit, order them or any of them to be made parties. 2 . Joinder of trustees, executors and administrators Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them: Provided that the executors who have not proved their testator's will, and trustees, executors and administrators outside1[India], need not be made parties. 3 . Husband of married executrix not to join Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her. ______________________ 1. Substituted by Act 2 of 1951, section 3, for "the States".
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 19 to 22
Title: Commissions Issued at the Instance of Foreign Tribunals
State: Central
Year: 1908
.....the local limits of 3[the ordinary original civil jurisdiction of the High Court], to any person whom the Court thinks fit to execute the commission. 4[22. Issue, execution and return of commissions, and transmission of evidence to foreign Court The provisions of rules 6 , 15, 5[sub-rule ( 1 ) of rules 16 A, 17 , 18 and 18B ] of this Order in so far as they are applicable shall apply to the issue, execution and return of such commission, and when any such commission has been duly executed it shall be returned, together with the evidence taken under it, to the High Court, which shall forward it to the Central Government, along with the letter of request for transmission to the foreign court] _____________________ 1. Inserted by Act 10 of 1932, section 3. 2. Certain words omitted by the A.O. 1937. 3. Substituted by the A.O. 1937, for "its ordinary original civil jurisdiction". 4. Inserted by Act 10 of 1932, section 3. 5. Substituted by Act 104 of 1976, section 75(viii), for "16, 17 and 18" (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 8
Title: Commissions to Examine Witnesses
State: Central
Year: 1908
.....service of the Government] who cannot, in the opinion of the Court, attend without detriment to the public service: 4 [Provided that where, under rule 19 of Order XVI, a person, cannot be ordered to attend a Court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interest of justice: Provided further that a commission for examination of such person on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.] (2) Such commission may be issued to any Court, not being a High Court, within the local limits of whose jurisdiction such person resides, or to any pleader or other person whom the Court issuing the commission may appoint. (3) The Court on issuing any commission under this rule shall direct whether the commission shall be returned to itself or to any subordinate Court. 5 [4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court Notwithstanding anything contained in these rules, any Court may, in the interest of justice or for the expeditious disposal of the case or for any other reason, issue.....
View Complete Act List Judgments citing this sectionCode 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.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 12
Title: Death, Marriage and Insolvency of Parties
State: Central
Year: 1908
.....within the period specified in the said Act, the Court shall, in considering the application under the said section 5, have due regard to the fact of such ignorance, if proved.] 2[4A. Procedure where there is no legal representative (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit. (2) Before making an order under this rule, the Court-- (a) may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and .....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 82 to 96
Title: Sale of Immovable Property
State: Central
Year: 1908
.....publishing or conducting it. (2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud. (3) No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. Explanation.--The mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.] 91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest The purchaser at any such sale in execution of a decree may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold. 92. Sale when to become absolute or be set aside (1) Where no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 64 to 73
Title: Sale Generally
State: Central
Year: 1908
.....is knocked down, the debt and costs (including the costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that the amount of such debt and costs has been paid into the Court which ordered the sale. 70. Saving of certain sales [Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), section 14]. 71. Defaulting purchaser answerable for loss on re-sale Any deficiency of price which may happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be certified to the Court 5[***] by the officer or other person holding the sale, and shall, at the instance of either the decree-holder or the judgment-debtor, be recoverable from the defaulting purchaser under the provisions relating to the execution of a decree for the payment of money. 72. Decree-holder not to bid for or buy property without permission (1) No holder of a decree in execution of which property is sold shall, without the express permission of the Court, bid for or purchase the property. (2) Where decree-holder purchases, amount of decree may be taken as payment.--Where a decree-holder purchases with.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 41 to 57
Title: Attachment of Property
State: Central
Year: 1908
.....by Act 26 of 1939, section 2, for certain words. 7. Substituted by Act 104 of 1976, section 72(xix)(b), for sub-rule (3) (w.e.f. 1-2-1977). 8. Substituted by Act 104 of 1976, section 72(xix)(c), for Explanation (w.e.f. 1-2-1977). 9. Substituted by Act 2 of 1951, section 3, for "the States." 10. Substituted by Act 104 of 1976, section 72(xxi)(a), for section 247 of the Indian Contract Act, 1872 (9 of 1872)" (w.e.f. 1-2-1977). 11. Substituted by Act 104 of 1976, section 72(xxii)(a), for sub-clause (ii) (w.e.f. 1-2-1977). 12. Substituted by Act 104 of 1976, section 72, for rule 57 (w.e.f. 1-2-1977). 13. Inserted by Act 104 of 1976, section 72(xx) (w.e.f. 1-2-1977). 14. Inserted by Act 104 of 1976, section 72(xxi) (b) (w.e.f. 1-2-1977). 15. Inserted by Act 104 of 1976, section 72(xxiii)(a) (w.e.f. 1-2-1977). 16. Inserted by Act 104 of 1976, section 72(xxiii)(b) (w.e.f. 1-2-1977).
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