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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 20
Title: Judgement and Decree
State: Central
Year: 1908
.....the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6B. Copies of judgments when to be made available Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.] 7. Date of decree The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 8. Procedure where Judge has vacated officer before signing decree Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 2
Title: Payment Under Decree
State: Central
Year: 1908
.....any money payable under a decree of any kind is paid out of Court, 1 [or a decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment of adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor 2 [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly, 3 [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-- (a) the payment is made in the manner provided in rule 1; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 97 to 106
Title: Resistance of Delivery of Possession to Decree-holder or Purchaser
State: Central
Year: 1908
.....(including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application, and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.] 2[102. Rules not applicable to transferee pendente lite Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. Explanation.--In this rule, "transfer" includes a transfer by operation of law.] 2[103. Orders to be treated as decrees Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 35 to 37
Title: Decree in Appeal
State: Central
Year: 1908
.....to the Appellate Court and at their expense. 37. Certified copy of decree to be sent to Court whose decree appealed from A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. _______________________ 1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16(3).
View Complete Act List Judgments citing this sectionMulki Rules Act, 1972 Amending Act 1
Title: Mulki Rules (Repeal) Act, 1973
State: Central
Year: 1972
THE MULKI RULES (REPEAL) ACT, 1973 [Act, No. 68 of 1973] [28th December, 1973] PREAMBLE An Act to provide for the repeal of Mulki Rules. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-- 1. Short title and commencement.-- (1) This Act may be called the Mulki Rules (Repeal) Act, 1973. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition.-- In this Act, "Mulki Rules" shall have the same meaning as in the Mulki Rules Act, 1972 (79 of 1972). 3. Repeal of Mulki Rules.-- Upon the commencement of this Act, the Mulki Rules as in force immediately before such commencement shall, notwithstanding anything contained in the Mulki Rules Act, 1972, (79 of 1972) cease to have effect and are hereby repealed: Provided that such repeal shall not affect the validity of any appointment previously made in accordance with those rules.
View Complete Act List Judgments citing this sectionMulki Rules Act, 1972 Complete Act
Title: Mulki Rules Act, 1972
State: Central
Year: 1972
Preamble1 - MULKI RULES ACT, 1972 Section1 - Short title Section2 - Definitions Section3 - Limitation, during a specified period, of application of Mulki Rules to appointments to certain posts and validation of other appointments Section4 - Validation of certain specified appointments Section5 - Repeal of Mulki Rules except as to appointments to Certain posts Section6 - Repeal of Mulki Rules in respect of appointments to Schedule posts in the Capital area Section7 - Repeal of Mulki Rules in respect of appointments to Schedule posts in the remaining areas of Telangana ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE Amending Act1 - MULKI RULES (REPEAL) ACT, 1973
List Judgments citing this sectionMulki Rules (Repeal) Act, 1973 Section 3
Title: Repeal of Mulki Rules
State: Central
Year: 1973
Upon the commencement of this Act, the Mulki Rules as in force immediately before such commencement shall, notwithstanding anything contained in the Mulki Rules Act, 1972, (79 of 1972) cease to have effect and are hereby repealed: Provided that such repeal shall not affect the validity of any appointment previously made in accordance with those rules.
View Complete Act List Judgments citing this sectionMulki Rules Act, 1972 Preamble 1
Title: Mulki Rules Act, 1972
State: Central
Year: 1972
THE MULKI RULES ACT, 1972 [Act, No.79 of 1972] [30th December, 1972] PREAMBLE An Act to provide for certain amendments to the Mulki Rules so as to limit their operation, for the validation of certain appointments and for the repeal, in a phased manner, of the said Rules and for matters connected therewith. BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows:--
View Complete Act List Judgments citing this sectionMulki Rules Act, 1972 Section 3
Title: Limitation, During a Specified Period, of Application of Mulki Rules to Appointments to Certain Posts and Validation of Other Appointments
State: Central
Year: 1972
.....area, which carries a scale of pay the minimum of which does not exceed three hundred rupees per mensem or a fixed pay not exceeding that amount; (d) appointment for the filing of the second vacancy (hereafter in this section and in section 4 referred to as reversed vacancy) in every unit of three vacancies which are to be filled by direct recruitment in non-gazetted posts in the Secretariat Departments and the offices of the Heads of Departments of the State Government situated in the Capital area. (3) Notwithstanding any judgment, decree or order of any court, tribunal or other authority, no appointment of any person made during the period referred to in sub-section (1) to a post other than a post referred to in clause (a) or clause (b) or clause (c) of sub-section (2) or to a vacancy other than a reserved vacancy in a post referred to in clause (d) of that sub-section and no action taken or thing done by or before such person shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that such appointment was not made in accordance with the Mulki Rules.
View Complete Act List Judgments citing this sectionMulki Rules Act, 1972 Section 5
Title: Repeal of Mulki Rules Except as to Appointments to Certain Posts
State: Central
Year: 1972
The Mulki Rules, except in so far as those Rules relate-- (a) to appointment to any First Schedule post; and (b) to appointment to any Second Schedule post for the purpose of filling of a Telengana vacancy, are hereby repealed, but such repeal shall not affect the validity of any appointment previously made in pursuance of those Rules.
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