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Code of Civil Procedure, 1908 Section 90

Title: Power to State Case for Opinion of Court

State: Central

Year: 1908

Special case Where any persons agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.

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Registration Act, 1908 Part XI

Title: Of the Duties and Powers of Registering Officers

State: Central

Year: 1908

.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....

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Registration Act, 1908 Section 51

Title: Register-books to Be Kept in the Several Offices

State: Central

Year: 1908

.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....

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Registration Act, 1908 Part XIII

Title: Of the Fees for Registration, Searches and Copies

State: Central

Year: 1908

.....Sub-Divisional Magistrate as regards the registration offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction or to the satisfaction of any Sub-Registrar as provided in section 80C, by evidence of general repute or otherwise, habitually to act as torts, and may from time to time, alter and amend such lists. (2) No person's name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion. (3) Where the name of any person is included in a list framed and published by a Sub-Divisional Magistrate under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the Registrar the district for the removal of his name from such list and the orders of the Registrar, passed after such inquiry (if any) as he considers necessary on such application shall be final. 80C. Inquiry by a Sub-Registrar regarding suspected touts.--Any Registrar of a district or Sub-Divisional Magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of any person alleged or suspected to be a tout and.....

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Registration Act, 1908 Section 78

Title: Fees to Be Fixed by State Government

State: Central

Year: 1908

.....or class of persons." 9 Uttar Pradesh: After section 78, insert as under-- "78A. Power to reduce or, remit fees.--The State Government may by rule or order published in the official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territories under its administration, the fees chargeable in respect of any instrument or class of instruments, or in respect of any class of instruments when executed by or in favour of the State Government or any person or class of persons." ______________________________ 1. The words "Subject to the control of the "Governor-General in Council" omitted by Act 38 of 1920, section 2. and Schedule I. 2. Substituted by the A.O. 1950, for "Provincial Government". 3. Vide Kerala Act 7 of 1968, section 14 (w.e.f. 22-2-1968). 4. Vide Regulation 2 of 1977, section 3 (w.e.f. 1-4-1977). 5. Vide Rajasthan Act 16 of 1976, section 4 (w.e.f. 13-2-1976). 6. Vide West Bengal Act 8 of 1956, section 3 (27-1-1956). 7. Vide Goa Act 14 of 1985, section 2 (27-6-1985). 8. Vide Tamil Nadu Act 1 of 1998, section 2 (w.e.f. 2-3-1998). 9. Vide Uttar Pradesh Act 48 of 1975, section 4 (w.e.f. 1-11-1975). .....

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Code of Civil Procedure, 1908 Rule 1 to 23

Title: Discovery and Inspection

State: Central

Year: 1908

.....to minors This Order shall apply to minor plaintiffs and defendants, and to the next friends and guardians for the suit of persons under disability. ________________________ 1. Inserted by Act 46 of 1999, sec. 21(i) (w.e.f. 1-7-2002). 2. Substituted by Act 104 of 1976, section 61(ii), for "or on any other ground" (w.e.f. 1-2-1977). 3. Substituted by Act 46 of 1999, sec. 21(ii), for "at any time" (w.e.f. 1-7-2002). 4. Inserted by Act 104 of 1976 section 61(ii) (w.e.f. 1-2-1977). 5. Rule 21 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 61(iv) (w.e.f. 1-2-1977). 6. Substituted by Act 104 of 1976, section 61(iv)(a), for "an order may be made accordingly" (w.e.f. 1-2-1977). 7. Inserted by Act 104 of 1976, section 61(iv)(b) (w.e.f. 01.02.1977).

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Code of Civil Procedure, 1908 Part VII

Title: Appeals

State: Central

Year: 1908

.....any High Court] ___________________________ 1. Substituted by Act 104 of 1976, section 34, for certain words (w.e.f. 1-2-1977). 2. Inserted by Act 18 of 1928, section 2 and schedule I. Section 99 - No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder 1[or non-joinder] of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court: 2[Provided that nothing in this section shall apply to non-joinder of a necessary party.] _________________ 1. Inserted by Act 104 of 1976, section 35(i) (w.e.f. 1-2-1977). 2. Inserted by the Act 104 of 1976 section 35(ii) (w.e.f. 01.02.1977). Section 99A - No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected 1 [99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected Without prejudice to the generality of the provisions of.....

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Code of Civil Procedure, 1908 Part VIII

Title: Reference, Review and Revision

State: Central

Year: 1908

.....the High Court or to any Court subordinate thereto. 4[(3) A revision shall not operate as a stay Of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.] 3[Explanation.-In this section, the expression "any case which has been decided" includes any order made, or any order deciding an issue, in the course of a suit or other proceeding.] _________________ 1. Section 115 re-numbered as sub-section (1) of that section by Act 104 of 1976, section 43 (w.e.f. 1-2-1977). 2. Substituted by Act 46 of 1999, section 12(i), for the proviso (w.e.f. 01-07.2002). Earlier the proviso was Inserted by Act 104 of 1976 , section 43(a) (w.e.f. 01-02-1977) 3. Inserted by Act 104 of 1976, sec 43(b) (w.e.f. 1-2-1977). 4. Inserted by Act 46 of 1999, sec. 12(ii) (w.e.f. 1-7-2002).

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Code of Civil Procedure, 1908 Section 113

Title: Reference to High Court

State: Central

Year: 1908

Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit: 1 [Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court. Explanation.-In this section, "Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State.] ________________ 1. Added by Act 24 of 1951, sec. 2 (w.e.f. 1-4-1951).

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Code of Civil Procedure, 1908 Rule 10A to 10C

Title: Commissions for Scientific Investigation, Performance of Ministerial Act and Sale of Movable Property

State: Central

Year: 1908

.....commission to such person as it thinks fit, directing hi m to inquire into such question and report thereon to the Court. ( 2 ) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9 . 10B . Commission for performance of a ministerial act ( 1 ) Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the Court, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing hi m to perform that ministerial act and report thereon to the Court. ( 2 ) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9 . 10 C. Commission for the sale of movable property ( 1 ) Where, in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the.....

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