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Start Free TrialCode of Civil Procedure, 1908 Section 45
Title: Execution of Decrees Outside India
State: Central
Year: 1908
1[ 45 . Execution of decrees outside India So much of the foregoing sections of this Part as empowers a Court to send a decree for execution to another Court shall be construed as empowering a Court in any State to send a decree for execution to any Court established2[***] by the authority of the Central Government3[outside India] to which the State Government has, by notification in the Official Gazette, declared this section to apply.] _________________ 1. Substituted by the A.O. 1937, for section 45. 2. The words "or continued" omitted by the A.O. 1948. 3. Substituted by the A.O. 1950, for "in any Indian State".
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Section 45
Title: Proceedings on Death of Depositor
State: Central
Year: 1908
.....No. 3", shall be substituted; and in sub-section (2) for the words "copy has been made", words "true copy has been filed" shall be substituted. 6 Tripura: Amendments to section 45 are the same as in Kerala. Tamil Nadu and West Bengal: For modification of section 45, see Schedule to Act as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978. _______________________________ 1. Vide Goa Act 24 of 1985, section 3 (w.e.f. 5-12-1985). 2. Vide Karnataka Act 55 of 1976, section 4 (w.e.f. 24-10-1976). 3. Vide Kerala Act 7 of 1963, section 5 (w.e.f. 22-2-1968). 4. Vide Orissa Act 14 of 1989, section 4 (w.e.f. 19-9-1989). 5. Vide Pondicherry Act 17 of 1970, Schdule Item (1) (w.e.f. 1-11-1970). 6. Vide Tripura Act 7 of 1982, section 4 (w.e.f. 1-1-1983).
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 45
Title: Penalty for Evading Payment of Port-charges
State: Central
Year: 1908
(1) If the master of a vessel evades the payment of any such sum as is mentioned in section 43, he shall be punishable with fine which may extend to five times the amount of the sum. (2) In any proceeding before a Magistrate on a prosecution under sub-section (1), any such certificate as is mentioned in section 44, sub-section (2), stating that the master has evaded such payment, shall be sufficient prima facie proof of the evasion, unless the master shows to the satisfaction of the Magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable ground for such departure. (3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed, or in which she may be found, shall be deemed to have jurisdiction in any proceeding under this section.
View Complete Act List Judgments citing this sectionCode 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".
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 140
Title: Assessors in Causes of Salvage, Etc.
State: Central
Year: 1908
(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 prescribed, two competent assessors; and such assessors shall attend and assist accordingly. (2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 9
Title: Power to Cut Warps and Ropes
State: Central
Year: 1908
The conservator of any such port may, in case of urgent necessity, cut, or cause to be cut, any warp, rope, cable or hawser endangering the safety of any vessel in the port or at or near to the entrance thereof.
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 7
Title: Appointment of Conservator
State: Central
Year: 1908
(1) The1[Government] shall appoint some officer or body of persons to be conservator of every port subject to this Act. (2) Subject to any direction by the1[Government] to the contrary.-- (a) in ports where there is a port officer, the port-officer shall be the conservator; (b) in ports where there is no port-officer, but where there is a harbour-master the harbour-master shall be the conservator. (3) Where the harbour-master is not conservator, the harbour-master and his assistants shall be subordinate to, and subject to the control of, the conservator. (4) The conservator shall be subject to the control of the1[Government], or of any intermediate authority which2[the Government] may appoint. __________________________ 1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937). 2. Substituted for the words "that Government" by A.O., 1937 (1-4-1937).
View Complete Act List Judgments citing this sectionIndian Ports Act, 1908 Section 2
Title: Savings
State: Central
Year: 1908
Nothing in this Act shall-- (i) apply to any vessel belonging to, or in the service of1[the Central Government or a State Government]2[***], or to any vessel of war belonging to any Foreign Prince or State, or (ii) deprive any person of any right of property or other private right, except as hereinafter expressly provided, or (iii) affect any law or rule relating to the customs or any order or direction lawfully made or given pursuant thereto. ___________________________ 1. Substituted for "His Majesty" by A.L.O., 1950 (26-1-1950). 2. The words "or the Government of India" were omitted by A.O., 1937 (1-4-1937).
View Complete Act List Judgments citing this sectionCODE OF CIVIL PROCEDURE, 1908 Section 157
Title: Continuance of orders under repealed enactment's
State: Central
Year: 1908
Notifications published, declarations and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made and powers conferred under Act 8 of 1859 or under any Code of Civil Procedure or any Act amending the same or under any other enactment hereby repealed shall, so far as they arc consistent with this Code, have the same force and effect as if they had been respectively published, made, appointed, filed, prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 153
Title: Generalpower to Amend
State: Central
Year: 1908
The Court may at any time, and on such terms as to costs or otherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on such proceeding.
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