Bare Act Search Results

Code 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.....

Code 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.

Trade 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).....

Code of Civil Procedure, 1908 Appendix A

Title: Pleadings

State: Central

Year: 1908

.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).

Geographical 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.....

Protection 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.....

Semiconductor 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.....

Trade 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.....

The Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act

State: Tamil Nadu

Year: 1955

.....1973 1 SCWR 1 : 1972 Tax LR 581 Followed by Madras High Court in Sriramulu V. Registrar, High Court , 1974 1 MLJ 390 : 88 LW 181 (DB) Court fees Act is a fiscal Act where an adjudication given by a Tribunal could fall within two provisions of the court fees Act, one of which was for the litigant and other more liberal, the court would apply that provision which was beneficial to the litigant " Diwan Brothers V. Central Bank of India and Others AIR 1976 SC 1503 : 1976 3 SCC 800. When plaintiff dexterously couch pleadings with a view to defeat the provisions of the Court fees Act, it is incumbent on the court look into the allegations in the plaint and see what is the substantive relief asked for .- Shamsher Singh V. Rajinder Prasad and Others, AIR 1973 SC 2284 : 1974 1 SCJ 270 : 1973 SCD 844 2. Application of Act " (1) The provisions of this Act shall not apply to " (a) (Proceedings in the Presidency Court of Small Causes, Madras ( omitted ) by Act XLIII of 1979. (b) documents presented or to be presented before an officer serving under the Central Government. (2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under.....

Indian 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 .....