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Indian Ports Act, 1908 Section 58

Title: Cost of Distress

State: Central

Year: 1908

Whenever any fine, expenses or damages is or are levied under this Act, by distress and sale, the cost of the distress and sale may be levied in addition to such fine, expenses or damages, and in the same manner.

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Registration Act, 1908 Section 58

Title: Particulars to Be Endorsed on Documents Admitted to Registration

State: Central

Year: 1908

(1) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely:-- (a) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent; (b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and (c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution. (2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

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Code of Civil Procedure, 1908 Section 58

Title: Detention and Release

State: Central

Year: 1908

.....from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison. __________________ 1. Substituted by Act 104 of 1976, sec. 22(i)(a) for "fifty rupees, for a period of six months, and " (w.e.f. 1-2-1977). 2. Substituted by Act 46 of 1999, sec. 5(i)(a), for "one thousand rupees " (w.e.f. 1-7-2002). 3. Clause (b) substituted by Act 104 of 1976, sec. 22(i)(b) (w.e.f. 1-2-1977) and again substituted by Act 46 of 1999, sec. 5 (w.e.f. 1-7-2002). 4. Substituted by Act 104 of 1976, section 22, for certain words (w.e.f. 1-2-1977). 5. Inserted by Act 104 of 1976, section 22(ii) (w.e.f. 1-2-1977). 6. Substituted by Act 46 of 1999, sec. 5(ii), for "five hundred rupees" (w.e.f. 1-7-2002).

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Code of Civil Procedure, 1908 Rule 58 to 63

Title: Adjudication of Claims and Objections

State: Central

Year: 1908

.....; or (d) pass such order as in the circumstances of the case it deems fit. (4) Where any claim or objection has been adjudicated upon under this rule, the order made thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree. (5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (1), refuses to entertain it, the party against whom such order is made may institute a suit to establish the right which he claims to the property in dispute ; but, subject to the result of such suit, if any, an order so refusing to entertain the claim or objection shall be conclusive.] 2 [59. Stay of sale Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the Court may-- (a) if the property is movable, make an order postponing the sale pending the adjudication of the claim or objection, or (b) if the property is immovable, make an order that, pending the adjudication of the claim or objection, the property shall not be sold, or, that pending such adjudication, the property may be sold but the sale shall not be.....

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Code 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.

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Indian 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).

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Indian 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).

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CODE 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.

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Code 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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Code of Civil Procedure, 1908 Section 152

Title: Amendment of Judgments, Decrees or Orders

State: Central

Year: 1908

Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties.

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