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Start Free TrialState of Himachal Pradesh Act, 1970 Section 45
Title: Power of Central Government to Give Directions
State: Central
Year: 1970
The Central Government may give such directions to the Government of the State of Himachal Pradesh as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and also the provisions of Part IX of the Punjab Reorganisation Act, 1966, and the State Government shall comply with such directions.
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 4
Title: Particulars to Be Furnished in Plaints, Applications or Appeals to Court
State: Central
Year: 1970
If any person presenting any plaint, application or appeal to any Court has reason to believe that any adverse party is an Indian soldier who is serving under special conditions, he shall state the fact in his plaint, application or appeal.
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 12
Title: Power of Court to Refer Questions to Prescribed Authorities
State: Central
Year: 1970
If any Court is in doubt whether, for the purposes of section 10 or section 11, an Indian soldier is or as at any particular time serving under special conditions, or has died while so serving, or as to the date of such death or as to the date on which official intimation of such death was sent to his next-of-kin by the authorities in India the Court may refer the point for the decision of the prescribed authority, and the certificate of that authority shall be conclusive evidence on the point.]
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 11
Title: Modification of Law of Limitation Where Indian Soldier or His Legal Representative is a Party
State: Central
Year: 1970
.....conditions, and, if the soldier has died while so serving, the period from the date of his death to the date on which official intimation thereof was sent to his next-of-kin by the authorities in India, shall be excluded: Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emption [Added by Ordinance 14 of 1944,Section2.][[Subs. by Act 18 of 1946,Section2 for "except in such areas, and subject to such modifications, if any".] [except where the said right accrues in such circumstances, and is in respect of agricultural land and village immovable property situated in any such area] as the Central Government may, by notification [For such notification see Gazette of India, 1946, Pt I, p.1305.] in the Official Gazette, specify in this behalf]. [Subs .by Ordinance 64 of 1942,Section7.]
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 10
Title: Power to Set Aside Decrees and Orders Passed Against an Indian Soldier Serving Under Was or Special Conditions
State: Central
Year: 1970
.....soldier [Subs .by Ordinance 64 of 1942, Section5.] [or, if he is dead, his legal representative] may apply to the Court which passed the decree or order for an order to set aside the same, and, if the Court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the soldier, the Court shall, subject to such conditions, if any, as it thinks fit to impose, make an order accordingly. [Subs., .by Ordinance 64 of 1942, Section5.][(2) The period of limitation for an application under sub-section (1) shall be ninety days from the date of the decree or order, or, where the summons or notice was not duly served on the soldier in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order; and the provisions of section 5 of the Indian Limitation Act, 1908 shall apply to such applications.] (3) When the decree or order in respect of which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the soldier only, it may be set aside as against all or any.....
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 9
Title: Postponement of Proceedings Against Indian Soldier on Leave
State: Central
Year: 1970
When any document purporting to be signed by the Commanding Officer of an Indian soldier who is a party to any proceeding produced by or on behalf of the soldier before the Court in which the proceeding is pending and is to the effect that the soldier (a) is on leave of absence for a period not exceeding two months, and is on the expiration of his leave to proceed on service under special conditions, or (b) is on sick leave for a period not exceeding three months, and is on the expiration of his leave to rejoin his unit with a view to proceeding on service under special conditions, the proceeding in respect of such soldier may, in any case such as is referred to in the proviso to [Subs .by Ordinance 64 of 1942,Section4 for " section 6 ".] [sub-section (1) of section 6] and shall, in any other case, be postponed in the manner provided in section 7.
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 8
Title: Court May Proceed when No Certificate Received
State: Central
Year: 1970
If, after issue of a notice under section 6, the prescribed authority either certifies that the soldier is not serving under special conditions or that such postponement is not necessary, or fails to certify in the case of a soldier resident in the district in which the Court is situate within two months or, in any other case, within three months from the date of the issue of the notice that such postponement is necessary, the Court may, if it thinks fit, continue the proceeding.
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 7
Title: Postponement of Proceedings
State: Central
Year: 1970
If, on receipt of a notice under section 6, the prescribed authority certifies in the prescribed manner to the Court in which the proceeding is pending that the soldier in respect of whom the notice was given is serving under special conditions, and that a postponement of the proceeding in respect of the soldier is necessary, in the interests of justice, the Court shall thereupon postpone the proceeding in respect of the soldier for the prescribed period, or, if no period has been prescribed, for such period as it thinks fit.
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 6
Title: Notice to Be Given in Case of Under Presented Indian Soldier
State: Central
Year: 1970
[S.6 was re-numbered as sub-section (1) of that section by Ordinance 64 of 1942,Section3.][(1)] If a Collector has certified under section 5, or if the Court has reason to believe. that an Indian soldier, who is a party to any proceeding pending before it, is unable to appear therein, and if the soldier is not represented by any person duly authorised to appear, plead or act on his behalf, the Court shall suspend the proceeding, and shall give notice thereof in the prescribed manner to the prescribed authority: Provided that the Court may refrain from suspending the proceeding and issuing the notice if (a) the proceeding is a suit, appeal or application instituted or made by the soldier, alone or conjointly with others with the object of enforcing a right of pre-emption, or (b) the interests of the soldier in the proceeding are, in the opinion of the Court, either identical with those of any other party to the proceeding and adequately represented by such other party or merely of a formal nature. [Ins. by Ordinance 64 of 1942,Section3.] [(2) If it appears to the Court before which any proceeding is pending that an Indian soldier though not a party to the proceeding is.....
View Complete Act List Judgments citing this sectionIndian Soldiers (Litigation) Act, I925 Section 5
Title: Power of Collector to Intervene in Case of Under Presented Indian Soldier
State: Central
Year: 1970
If any Collector has reason to believe that any Indian soldier, who ordinarily resides or has property in his district and who is a party to any proceeding pending before any Court, is unable to appear therein, the Collector may certify the facts in the prescribed manner to the Court.
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