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Registration Act, 1908 Part I

Title: Preliminary

State: Central

Year: 1908

.....frequents the precincts of a registration office, without a licence granted to him under the rules made under section 80G, for the purpose of obtaining employment for himself or any other person in connection with any registration business; or (b) who is declared to be deemed to be a tout for the purposes of this Act by rules made under section 80G." ________________________ 1. Substituted by the A.O. 1950, for "a Native of India" (w.e.f. 26-1-1950). 2. The words "his caste (if any) and" omitted by Act 17 of 1956, Section 2 (w.e.f. 6-4-1956). 3. Inserted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951). 4. Clause (11) Inserted by the A.O. 1950, and omitted by Act 3 of 1951, Section 3 and Sch (w.e.f. 1-4-1951). 5. Vide Andhra Pradesh Act 16 of 1999, Section 2 (w.e.f. 31-12-1998). 6. Vide Goa, Daman and Diu Act 2 of 1968, Section 2. 7. Vide Tamil Nadu Act 38 of 1987, Section 3 (w.e.f. 18-1-1988). 8. Vide West Bengal Act 5 of 1942, Section 8 (w.e.f. 1-11-1943).

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Code 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".

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Code of Civil Procedure, 1908 Order XLV

Title: Appeals to the Supreme Court

State: Central

Year: 1908

APPEALSTO THE 1 [SUPREME COURT] ________________________________ 1.Substituted by the A. O. 1950, for "KING-IN-COUNCIL".

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Code of Civil Procedure, 1908 Rule 1 to 2

Title: Appeals from Orders

State: Central

Year: 1908

.....compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.] 2. Procedure The rules of Order XLI shall apply, so far as may be, to appeals from orders. ______________________ 1. Inserted by Act 104 of 1976, section 89(i)(a) (w.e.f. 1-2-1977). 1a. Inserted by Act 104 of 1976, section 89(ii) (w.e.f. 1-2-1977). 1b. Inserted by Act 104 of 1976, section 89(e) (w.e.f. 1-2-1977). 2. Clause (b) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 3. Clause (e) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 4. Clause (g) and (h) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 5. Clause (m) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 6. Clause (o) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977). 7. Clause (v) omitted by Act 104 of 1976, section 89(i)(b) (w.e.f. 1-2-1977).

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Code 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.....

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Code 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.....

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Code of Civil Procedure, 1908 Rule 1 to 4

Title: Arrest Before Judgment

State: Central

Year: 1908

.....to answer the claim against hi m, or to furnish security for hi s appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against hi m in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to the last preceding rule. ( 2 ) Every surety for the appearance of a defendant shall bind hi mself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit. 3 . Procedure on application by surety to be discharged ( 1 ) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from hi s obligation. ( 2 ) On such application being made, the Court shall summon the defendant to appear or, if it thinks fit may issue a warrant for hi s arrest in the first instance. ( 3 ) On the appearance of the defendant in pursuance of the summons or warrant, or on hi s voluntary surrender, the Court shall direct the surety to be discharged from hi s obligation, and shall call upon the defendant to find fresh security. 4 . Procedure where.....

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Code of Civil Procedure, 1908 Rule 1 to 7

Title: Summary Procedure

State: Central

Year: 1908

.....suit. (5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just: Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court. (6) At the hearing of such summons for judgment,-- (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or.....

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Code of Civil Procedure, 1908 Rule 1 to 6

Title: Special Case

State: Central

Year: 1908

.....in the agreement. (2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and shall concisely state such facts and specify such documents as may be necessary to enable the Court to decide the question raised thereby. 2. Where value of subject-matter must be stated Where the agreement is for the delivery of any property, or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be slated in the agreement. 3. Agreement to be filed and registered as suit (1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed1[with an application] in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount of value of the subject-matter of the agreement. (2)2[The application] when so filed, shall be numbered and registered as a suit between one or more of the parties claiming to be interested a plaintiff or plaintiffs, and the other or the others of them as defendant or defendants ; and notice shall be given to all.....

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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.....

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