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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 18
Title: Pleading Generally
State: Central
Year: 1908
.....to state material facts and not evidence (1) Every pleading shall contain, and contain only, a statement in a concise form of the material facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved. (2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph. (3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words]. 3. Forms of pleading The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings. 4. Particulars to be given where necessary In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading. 5. Further and better statement, or particulars Rep. by the Code.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 375
Title: No Appeal in Certain Cases when Accused Pleads Guilty
State: Central
Year: 1973
Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal. (a) if the conviction is by a High Court; or (b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 113
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 1999
(1) Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:-- (a) If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid. (b) If the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification. (c) If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were valid. (2).....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix A
Title: Pleadings
State: Central
Year: 1908
.....dayof ........................till the ........................ dayof........................ 4. [Facts showing when the cause ofaction arose and that the Court has jurisdiction.] 5. The value of the subject-matter of the suit for the purpose of jurisdictionis........................ rupees and for the purpose of court-fees is........................rupees. 6. The plaintiff claims ........................ rupees, with interest at........................ per cent, from ........................ the........................ day of ........................ 19.../20......... No.2 moneyoverpaid (Title) A.B.,the above-named plaintiff, states as follows:-- 1. On the ........................ day of ........................ 19 ............/20............ the plaintiff agreed to buy and the defendant agreed tosell ........................ bars of silver at ........................ annasper tola of fine silver. 2. The plaintiff procured the said bars to be assayed by E.F., who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, andthe plaintiff accordingly paid the defendant.....
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 48
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 1999
Where the offence charged under section 39 or section 40 or section 41 is in relation to a register geographical indication and the accused pleads that the registration of the geographical indication is invalid, the following procedure shall be followed: (a) if the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid; (b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification; (c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 76
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 2001
.....this Act is in relation to a variety or its propagating material or essentially derived variety or its propagating material registered under this Act and the accused pleads that the registration of such variety or its propagating material or essentially derived variety or its propagating material, as the case may be, is invalid and the court is satisfied that such offence is prima facie not tenable, it shall not proceed with the charge but shall adjourn the proceedings for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Registrar under this Act for the rectification of the Register on the ground that the registration is invalid. (2) If the accused proves to the court that he has made such application within the time so limited or within such further lime as the court for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification. (3) If within a period of three months or within such extended time as may be allowed by the court, the accused fails to apply to the Registrar for rectification of the Register, the.....
View Complete Act List Judgments citing this sectionSemiconductor Integrated Circuits Layout-design Act, 2000 Section 62
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 2000
.....months from the date on which the plea of accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid; (b) if the accused proves to the court that he has made such application within the time so limited or within such further time as the time court may for sufficient cause may allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification; (c) if within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were valid. (2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the layout-design in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the Appellate Board or the Registrar, the Court shall stay the further proceedings in the.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 87
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 1958
.....months from the date on which the plea of the accused is recorded to enable the accused to file an application before the High Court under this Act, for the rectification of the register on the ground that the registration is invalid. (b) If the accused proves to the magistrate that he has made such application within the time so limited or within such further time as the magistrate may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for reclification and of the appeal, if any, therefrom. (c) If within a period of three months or within such extended time as may be allowed by (he magistrate the accused fails to apply to the High Court for rectification of the register, the magistrate shall proceed with the case as if the registration were valid. (2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the reclification of the register concerning the trade mark in question on the ground of invalidity of the regislrafion thereof has already been properly made to and is pending before the tribunal, the magistrate shall stay the further.....
View Complete Act List Judgments citing this sectionThe Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act
State: Tamil Nadu
Year: 1955
.....that the prescribed fee has not been paid to the Administrator General in his official capacity on his giving an undertaking to the satisfaction of the Court that the said fee will be paid within such time a may be fixed by the court. NOTES Actual grant of probate or letters of Administration only after the payment of requisite duty " AIR 1938 MAD 486; Paper proceedings are exempt, as the government has a charge upon the subject matter of grant pursuant to O 33 R 10 CPC " (1937) 2 MLJ 899; 58. Relief in cases several grants " (1) Whenever a grant of probate or letters of administration has been made in respect of the whole of the property belonging to an estate, and the full fee payable under this Act in respect of the application for such grant has been paid thereon, no fee shall be payable when a like grant is made in respect of the whole or any part, of the same property belonging to the same estate. (2) Whenever such grant has been made in respect of any property forming part of an estate, the amount of fee actually paid under this Act in respect thereof shall be deducted when a like grant is made in respect of the property belonging to the same.....
List Judgments citing this sectionIndian Medical Council Act, 1956 Schedule III
Title: Third Schedule
State: Central
Year: 1956
.....and Surgery (Nat.) West Bengal L.M.S. (Nat.) (West Bengal) Certificate of qualification Certificate under Article by the State Medical Faculty under Article 6-D of the Statutes of the State Medical Faculty, West Bengal. 6-C (West Bengal) Certificate of qualification Certificate under Article by the State Medical Faculty under Article 6-D or 6-E of the Statutes of the State Medical Faculty, West Bengal 6-D or 6-E (West Bengal) Government of Bengal Licensed Medical Practitioner L.M.P. (Campbell Medical (Campbell Medical School) School) Diploma of Medical College, (Bengal) Dip. Med. Coll. (Bengal) Licensed Medical Practitioner L.M.P. (Dacca Medical (Dacca Medical School) School) (This qualification shall be a recognised medical qualification only when granted before the 15th August, 1947.) Diploma of Medical College (Calcutta) Dip. Med. Coll., (Calcutta) State Medical Faculty .....
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