Bare Act Search Results
Home Bare Acts Phrase: section 11 of the code of civil procedure 1908 embodies the principles of res judicata and bars the court from deciding issues which have been directly or substantially in issue in an earlier proceeding between the same parties or parties claiming under the same title and have been finally decidedCode of Civil Procedure, 1908 Section 21A
Title : Bar Onsuit to Set Aside Decree on Objection as to Place of Suing
State : Central
Year : 1908
1[ 21A . Bar on suit to set aside decree on objection as to place of suing No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place suing. Explanation .--The expression "former suit" me ans a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.] __________________ 1. Inserted by Act 104 of 1976, section 9 (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 109
Title : Whenappeals Lie to the Supreme Court
State : Central
Year : 1908
1 [109. When appeals lie to the Supreme Court Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree of final order in a civil proceeding of a High Court, if the High Court certifies- (i) that the case involves a substantial question of law of general importance; and (ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] ________________ 1. Substituted by Act 46 of 1973, section 2, for former section 109 (w.e.f. 29-11-1973).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 128
Title : Matters for Which Rules May Provide
State : Central
Year : 1908
.....any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), such rules may provide for all or any of the following matters, namely: (a) the service of summons, notices and other processes by post or in any other manner either generally or in any specified areas, and the proof of such service; (b) the maintenance and custody, while under attachment, of live-stock and other movable property, the fees payable for such maintenance and custody, the sale of such live-stock and property, and the proceeds of such sale; (c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of jurisdiction ; (d) procedure in garnishee and charging orders either in addition to, or in substitution for, the attachment and sale of debts; (e) procedure where the defendant claims to be entitled to contribution or indemnity over against any person whether a party to the suit or not; (f) summary procedure (i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising .....
View Complete Act List Judgments citing this sectionKerala High Court Act, 1958 Section 3
Title : Powers of Single Judge
State : Central
Year : 1958
.....a sentence of death or imprisonment for life; 1[(b) from an original decree or order in any suit or other proceeding, where the amount or value of the subject-matter of the suit or other proceeding does not exceed ten thousand rupees;] (c) from an original decree when such appeal relates to costs only; (d) from an order under section 104 of the Code of Civil Procedure, 1908 , except an order of the kind mentioned in clause (h) of sub-section ( 1 ) of the said section or in clauses (c), (d) or (j) of Rule I of Order XLIII of the First Schedule to the said Code; (e) from an appellate decree or order; (f) under section 79(3) of the Insolvency Act, 1955 ; and (g) under section 476B of the Code of Criminal Procedure, 1898. ________________________ 1. Substituted by Act 6 of 1966, w.e.f 01.01.1967.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 22
Title : Powerto Transfer Suits Which May Be Instituted in More Than One Court
State : Central
Year : 1908
Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 25
Title : Powerof Supreme Court to Transfer Suits, Etc.
State : Central
Year : 1908
.....application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case. (5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.] _________________ 1. Substituted by Act 104 of 1976, section 11, for section 25 (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 35A
Title : Compensatory Costs in Respect of False or Vexatious Claims or Defences
State : Central
Year : 1908
.....this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation is respect of such claim or defence.] __________________ 1. Section 35A was Inserted by Act 9 of 1922, section 2, which, under section 1(2) thereof may be brought into force in any State by the State Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, Orissa and Tamil Nadu. 2. Substituted by Act 66 of 1956, section 4, for "not being an appeal" (w.e.f. 1-1-1957). 3. Substituted by Act 104 of 1976, section 14(i), for "excluding an appeal" (w.e.f. 1-2-1977). 4. Substituted by Act 66 of 1956, section 4, for certain words (w.e.f. 1-1-1957). 5. Substituted by Act 104 of 1976, section 14(ii), for "one thousand rupees" (w.e.f. 1-2-1977). 6. Inserted by Act 2 of 1951, section 7 (w.e.f. 1-4-1951). 7. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "a Part B State". 8. Substituted by Act 2 of 1951, section 7, for "under that Act" (w.e.f. 1-4-1951).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 47
Title : Questions to Be Determined by Court Executing Decree
State : Central
Year : 1908
.....suit has been dismissed and a defendant against whom a suit has been dismissed are parties to the suit. Explanation II .--(a) For the purposes of this section, a purchaser of property at a sale in execution of a decree shall be deemed to be a party to the suit in which the decree is passed; and (b) all questions relating to the delivery of possession of such property to such purchaser or hi s representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree within the me aning of this section.] ___________________ 1. Sub-section (2) omitted by Act 104 of 1976, section 20(i) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section 20(ii), for Explanation (w.e.f. 1-2-1977). Earlier Explanation was inserted by Act 66 of 1956, sec. 5 (w.e.f 1-1-1957).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 94
Title : Supplemental Proceedings
State : Central
Year : 1908
In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,-- (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison ; (b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; (c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his properly be attached and sold; (d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property; (e) make such other interlocutory orders as may appear to the Court to be just and convenient.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 107
Title : Powersof Appellate Court
State : Central
Year : 1908
(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power-- (a) to determine a case finally; (b) to remand a case; (c) to frame issues and refer them for trial; (d) to take additional evidence or to require such evidence to be taken. (2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by the Code on Courts of original jurisdiction in respect of suits instituted therein.
View Complete Act List Judgments citing this section