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Start Free TrialCode of Civil Procedure, 1908 Rule 82 to 96
Title: Sale of Immovable Property
State: Central
Year: 1908
.....publishing or conducting it. (2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by reason of such irregularity or fraud. (3) No application to set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. Explanation.--The mere absence of, or defect in, attachment of the property sold shall not, by itself, be a ground for setting aside a sale under this rule.] 91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest The purchaser at any such sale in execution of a decree may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold. 92. Sale when to become absolute or be set aside (1) Where no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix E
Title: Execution
State: Central
Year: 1908
.....order be sent to ..... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the .................. day of ................... 19......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....
View Complete Act List Judgments citing this sectionCode 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.....
List Judgments citing this sectionNewspapers (Incitement to Offences) Act, 1908 Complete Act
State: Central
Year: 1908
.....may by warrant empower any Police-officer not below the rank of Sub-Inspector to seize and detain any property ordered to be attached under section 3-, sub-section (3), or to seize and carry away any property ordered to be attached under section 3-, sub-section (3), or to seize and carry away any property ordered to be forfeited under section 3-, sub-section (5), wherever found and to enter upon and search for such property in any premises- (a) where the newspaper specified in such warrant is printed or published, or (b) where any such property may be or may be reasonably suspected to be, or (c) where any copy of such newspaper is kept for sale, distribution, publication or public exhibition or reasonably suspected to be so kept. (2) Every warrant issued under sub-section (1) so far as it relates to a search shall be executed in manner provided for the execution of search warrants by the Code of Criminal Procedure, 1898 (5 of 1898)-. SECTION 05: APPEAL -Any person concerned who has appeared and shown cause against a conditional order of forfeiture may appeal to the High Court within fifteen days from the date when such order is made absolute. SECTION 06: BAR OF OTHER.....
List Judgments citing this sectionThe Madras Estates Land Act, 1908 Complete Act
State: Kerala
Year: 1908
THE MADRAS ESTATES LAND ACT, 1908 THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Chapter I - PRELIMINARY THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Section 1 - Short title, Commencement, Local extent This Act may be called the Madras Estates Land Act, 1908: It shall come into force on the first day of July 1908: and it shall extend to the whole of the Presidency of Madras except the Presidency Town, the district of Malabar and the portion of the Nilgiri district known as the South East Wynaad. Section 2 - Repeal Madras Acts VIII of 1865 and II of 1871 and section 7 of Madras Act.....
List Judgments citing this sectionCode of Civil Procedure, 1908 Section 134
Title: Arrestother Than in Execution of Decree
State: Central
Year: 1908
The provisions of sections 55, 57 and 59 shall apply, so far as may be, to all persons arrested under this Code.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 2
Title: Costs
State: Central
Year: 1908
1. Provisions relating to certain items Without prejudice to the generality of the provisions of this Code relating to costs, the Court may award costs in respect of, (a) expenditure incurred for the giving of any notice required to be given by law before the institution of the suit; (b) expenditure incurred on any notice which, though not required to be given by law, has been given by any party to the suit to any other party before the institution of the suit; (c) expenditure incurred on the typing, writing or printing of pleadings filed by any party; (d) charges paid by a party for inspection of the records of the Court for the purposes of the suit; (e) expenditure incurred by a party for producing witnesses, even though not summoned through Court; and (f) in the case of appeals, charges incurred by a party for obtaining any copies of judgments and decrees which are required to be files along with the memorandum of appeal. 2. Costs to be awarded in accordance with the rules made by High Court The award of costs under this rule shall be in accordance with such rules as the High Court may make in that behalf.]
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 158
Title: Reference to Code of Civil Procedure and Other Repealed Enactments
State: Central
Year: 1908
In every enactment or notification passed or issued before the commencement of this Code in which reference is made to or to any Charter or section of Act 8 of 1859 or any Code of Civil Procedure or any Act amending the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken to be made to this Code or to its corresponding Part, Order, section or rule.
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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