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Code of Civil Procedure, 1908 Section 137

Title: Language of Subordinate Courts

State: Central

Year: 1908

(1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate Court until the State Government otherwise directs. (2) The State Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Courts shall be written. (3) Where this Court requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English ; but if any party or his pleader is unacquainted with English a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.

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Registration Act, 1908 Section 19

Title: Documents in Language Not Understood by Registering Officer

State: Central

Year: 1908

..... 3 Kerala: In section 19, the words "and also by a true copy" shall be omitted. Maharashtra, Gujarat: For modification of section 19, see sub-section (3) of section 70D in Part XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930); Bombay Act 35 of 1958; Act 11 of 1960, Section 87. Where registration is done by photograveure process, this section would have no application.--See sections 70C and 70D supra inserted by Bombay Act 17 of 1930. 4 Punjab, Hatyana, Chandigarh: For the words "a true translation", substitute "two copies of the true translation". 5 Orissa: The words "and also by a true copy" shall be omitted. 6 Rajasthan: Same as that in Punjab. 7 Tripura: Same as that in Punjab. Section 19A 8 Tamil Nadu: Same as in West Bengal. 9 West Bengal: The words "and also by a true copy" shall be omitted. 10 Goa: After section 19, insert-- "19A. Documents presented for registration to be accompanied by true copies thereof.--(1) No document shall be accepted for registration unless it is accompanied by a true copy thereof. (2) The true copy referred to in sub-section (1) shall be.....

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Indian 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 .....

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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.....

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Registration Act, 1908 Complete Act

State: Central

Year: 1908

.....after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:- (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 12[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of.....

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Code of Civil Procedure, 1908 Part XI

Title: Miscellaneous

State: Central

Year: 1908

.....from his dictation in open Court. ___________________ 1. For section 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act, 1941 (Assam Act 2 of 1941), section 2. 2. Substituted by Act 4 of 1914, section 2 and Schedule, Pt. I, for "L.G.". Section 139 - Oath on affidavit by whom to be administered In the case of any affidavit under this Code-- (a) any Court or Magistrate, or 1 [(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or] (b) any officer or other person whom a High Court may appoint in this behalf, or (c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent. __________________ 1. Inserted by Act 104 of 1976, section 46 (w.e.f. 1-2-1977). Section 140 - Assessors in causes of salvage, etc. (1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be.....

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Code 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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Registration Act, 1908 Part XI

Title: Of the Duties and Powers of Registering Officers

State: Central

Year: 1908

.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....

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Code of Civil Procedure, 1908 Part I

Title: Suits in General

State: Central

Year: 1908

.....B anking 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 interest3[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. ___________________ 1. Substituted by Act 66 of 1956, section 2, for certain words (w.e.f. 1-1-1957). 2. Added by Act 104 of 1976, section 13 (w.e.f. 1-7-1977). 3. Substituted by Act 66 of 1956, section 2, for "on such aggregate sum as aforesaid" (w.e.f. 1-1-1957). Section 35 to 35B - Costs 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.....

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Code of Civil Procedure, 1908 Section 28

Title: Service of Summonswhere Defendant Resides in Another State

State: Central

Year: 1908

(1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State. ( 2 ) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings with regard thereto. 1[( 3 ) Where the language of the summons sent for service in another State is different from the language of the record referred to in sub-section ( 2 ), a translation, of the record,-- (a) in Hindi, where the language of the Court issuing the summons in Hindi, or (b) in Hindi or English where the language of such record is other than Hindi or English, shall also be sent together with the record sent under that sub-section.] ___________________ 1. Inserted by Act 104 of 1976, section 12 (w.e.f. 1-5-1977).

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