Bare Act Search Results

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.....

Code of Civil Procedure, 1908 Rule 1 to 4

Title: Arrest Before Judgment

State: Central

Year: 1908

.....to answer the claim against hi m, or to furnish security for hi s appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against hi m in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to the last preceding rule. ( 2 ) Every surety for the appearance of a defendant shall bind hi mself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit. 3 . Procedure on application by surety to be discharged ( 1 ) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from hi s obligation. ( 2 ) On such application being made, the Court shall summon the defendant to appear or, if it thinks fit may issue a warrant for hi s arrest in the first instance. ( 3 ) On the appearance of the defendant in pursuance of the summons or warrant, or on hi s voluntary surrender, the Court shall direct the surety to be discharged from hi s obligation, and shall call upon the defendant to find fresh security. 4 . Procedure where.....

Code of Civil Procedure, 1908 Appendix F

Title: Supplemental Proceedings

State: Central

Year: 1908

.....for his personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that may be passed against him in the suit. given under my hand and the seal of the Court, this .................... day of .................... 19.../20.... . Judge No. 2 security for appearance of a defendant arrested before judgment (O. XXXVIII, r. 2) (Title) whereas at the instance of ..............., the plaintiff in the above suit, . .................... the defendant, has been arrested and brought before the Court; And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the; Court has ordered, him to furnish such security: Therefore I, .................... have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court that the said defendant shall appear at any time when called upon, while, the suit is pending and until satisfaction, of any decree that may be passed against him in the said suit ; and in default of such appearance I bind Myself; my heirs and executors, to pay to the said.....

Code of Civil Procedure, 1908 Rule 1 to 15

Title: Suits Relating to Mortgages of Immovable Property

State: Central

Year: 1908

.....of 1929, section 4, for rule 7. 8. Inserted by Act 21 of 1929, section 5. 9. Substituted by Act 104 of 1976, section 82(ii)(b), for "on application by him" (w.e.f. 1-2-1977). 10. Substituted by Act 21 of 1929, section 6, for rules 10. 11. Added by Act 104 of 1976, section 82(iii) (w.e.f. 1-2-1977). 12. Inserted by Act 104 of 1976, section 82(iv) (w.e.f. 1-2-1977). 12a. Inserted by Act of 1976, section 82(v) (w.e.f. 1-2-1977). 13. Substituted by Act 21 of 1929, section 6, for rule 11. 14. Sub-clause (ii) omitted by Act 66 of 1956, section 14 (w.e.f. 1-1-1957). 15. Substituted by Act 66 of 1956, section 14, for certain words (w.e.f. 1-1-1957). 16. Substituted by Act 66 of 1956, section 14 for clause (b) (w.e.f. 1-1-1957). 17. Substituted by Act 21 of 1929, section 7, for rule 15. 18. Rule 15 Renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 82(v) (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Appendix G

Title: Appeal, Reference and Review

State: Central

Year: 1908

.....on the .................... day of .................... 19 ............ the .................... files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:- ...................................................................................................................... ...................................................................................................................... No.9 DECREE IN APPEAL (O. XLI, r. 35) (Title) Appeal No. .................... of 19 ............ from the decree of the Court of .................... dated the .................... day of .................... 19.... Memorandum of Appeal .............................................................................................................Plaintiff. .............................................................................................................Defendant. The ....................above-named appeals to the ............................. Court at .................... from the decree of............................ in the.....

Code of Civil Procedure, 1908 Rule 6 to 10

Title: Interlocutory Orders

State: Central

Year: 1908

.....authorized to enter under this rule. 8. Application for such orders to be after notice (1) An application by the plaintiff for an order under rule 6 or rule 7 may be made 1 [***] at any time after institution of the suit. (2) An application by the defendant for a like order may be made 1 [***] at any time after appearance. 2 [(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.] 9. When party may be put in immediate possession of land the subject-matter of suit Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in possession of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the.....

Code of Civil Procedure, 1908 Rule 5 to 8

Title: Stay of Proceedings and of Execution

State: Central

Year: 1908

.....anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.] 6. Security in case of order for execution of decree appealed from (1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security. (2) Where an order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of. .....

Code of Civil Procedure, 1908 Rule 1 to 4

Title: Appeals from Original Decrees

State: Central

Year: 1908

.....after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient cause for not preferring the appeal within such period. (2) If the Court sees no reason to reject the application without the issue of a notice to the respondent, notice thereof shall be issued to the respondent and the matter shall be finally decided by the Court before it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be. (3) Where an application has been made under sub-rule (1), the Court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under rule 11, decide to hear the appeal.] 4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.-- Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the.....

Registration Act, 1908 Part IX

Title: Of the Deposit of Wills

State: Central

Year: 1908

..... 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). Section 46 - Saving of certain enactments and powers of Courts (1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will. (2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid. STATE AMENDMENTS 1Goa: In section 46,-- (a) for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filed" shall be.....

Registration Act, 1908 Section 31

Title: Registration or Acceptance for Deposit at Private Residence

State: Central

Year: 1908

In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit: Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.