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Start Free TrialCode of Civil Procedure, 1908 Rule 1 to 4
Title: Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validity of Any Statutory Instrument
State: Central
Year: 1908
.....of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved. 1[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a defendant if the Government pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule 1A or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.] 5[3. Costs Where, under rule 2 or rule 2A the Government or any other authority is added as a defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless the Court,.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Order XXVIIA
Title: Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the Validityof Any Statutory Instrument
State: Central
Year: 1908
1 [ORDER XXVIIA SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF 2 [THE CONSTITUTION] 3 [OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT] ______________________ 1. Order XXVIIA (containing rules 1, 2, 3 and 4) Inserted by Art. 23 of 1942, section 2. 2. Substituted by the A.O. 1950, for "the Government of India Act, 1935, or any Order-in-Council made thereunder". 3. Inserted by Act 104 of 1976, section 77 (w.e.f. 1-2-1977).
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 sectionCode of Civil Procedure, 1908 Rule 1 to 16
Title: Suits by or Against Minors and Persons of Unsound Mind
State: Central
Year: 1908
..... 3. Guardian for the suit to be appointed by Court for minor defendant (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor. (2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff. (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed. (4) No order shall be made on any application under this rule except upon notice 2[***] to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian, 3[upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian] of the minor, or, where there is 1b[no father, mother or other natural guardian], to the person in whose care the minor is, and after, hearing any objection which may be urged on behalf of any person.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix H
Title: Miscellaneous
State: Central
Year: 1908
.....of parties as to issues to be tried (Order XIV, rule 6) (Title) whereas we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the ..................... day of..................... 19........./20....,and filed as Exhibit..................... in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be): We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, ..................... will pay to the said ..................... the sum of Rupees ..................... (or such sum as the Court shall hold to be due thereon), and I, the said ..................... , will accept the said sum of Rupees ..................... (or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said ..................... ., will do or abstain from doing, etc.] .....................................................................................................Plaintiff......
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Part V
Title: Of the Place of Registration
State: Central
Year: 1908
.....relating to land.--Save as in this part otherwise provided every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 insofar as such documents affect immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of the Sub-Registrar within whose sub-district or district the whole of the property to which such document relates is situated in the State of Bihar." 5 Gujarat: Amendment is the same as that of Maharashtra. 6 [7 [Maharashtra: (i) In section 28 for the letters, brackets and word "(b) and (c)" substitute the brackets, letters and word "(b), (c), (cc) and (ee)". (ii) For brackets, letters, word and figure "(ee) and (eee)", brackets, letters and words "and (ee)" shall be substituted. 8 Pondicherry: Section 28 shall be substituted as under: "28. Place for registering documents relating to land.--Save as in this Part otherwise provided,-- (a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17, in so far as such document affects immovable property and in clauses (a), (b), (c) and.....
View Complete Act List Judgments citing this sectionRegistration Act, 1908 Section 30
Title: Registration by Registrars in Certain Cases
State: Central
Year: 1908
.....figure "(1)" shall be deleted; (2) sub-section (2) shall be deleted. 5 Haryana: In section 30, omit sub-section (2). 6 Madhya Pradesh: Sub-section (2) of section 30 shall be omitted. 7 Orissa: In section 30, omit sub-section (2). 8 Rajasthan: The brackets and figure "(1)" and sub-section (2) be omitted. 9 Uttar Pradesh: In section 30, sub-section (2) shall be omitted. 10 [11 [12 West Bengal: (1) In section 30, sub-section (2) shall be omitted. (2) After section 30, the following section shall be inserted, namely:-- "30A. Registration by Registrar of Assurances, Calcutta.--Notwithstanding anything contained elsewhere in the Act, the Registrar of Assurance, Calcutta, may receive and register any document referred to in section 28 without regard to the situation in any part of West Bengal of the property to which the document relates." (3) After section 30A, the following section shall be inserted, namely:-- "30B. Special power of registration in certain cases by Registrar of Assurances, Calcutta.--Notwithstanding anything contained elsewhere in this Act, the Registrar of Assurances, Calcutta, may without regard to the situation in any part of India.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 3
Title: Suits by or Against Corporations
State: Central
Year: 1908
1. Subscription and verification of pleading In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the secretary or by any director or other principal officer of the corporation who is able to depose to the facts of the case. 2. Service on corporation Subject to any statutory provision regulating service of process, where the suit is against a corporation, the summons may be served-- (a) on the secretary, or on any director, or other principal officer of the corporation, or (b) by leaving it or sending it by post addressed to the corporation at the registered office, or if there is no registered office then at the place where the corporation carries on business. 3. Power to require personal attendance of officer of corporation The Court may, at any stage of the suit, require the personal appearance of the secretary or of any director, or other principal officer of the corporation who may be able to answer material questions relating to the suit.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Complete Act
Title: Code of Civil Procedure, 1908
State: Central
Year: 1908
.....3 Order 49 - Chartered high courts Order 49 Rule 1 to 3 Order 50 - Provincial small cause courts Order 50 Rule 1 Order 51 - Presidency small cause courts Order 51 Rule 1 Appendix A - PLEADINGS Appendix B - PROCESS Appendix C - DISCOVERY, INSPECTION AND ADMISSION Appendix D - DECREES Appendix E - EXECUTION Appendix F - SUPPLEMENTAL PROCEEDINGS Appendix H - MISCELLANEOUS Appendix G - APPEAL, REFERENCE AND REVIEW Schedule 2 - THE SECOND SCHEDULE (Repealed) Schedule 3 - THE THIRD SCHEDULE (Repealed) Schedule 4 - THE FOURTH SCHEDULE (Repealed) Schedule 5 - THE FIFTH SCHEDULE (Repealed) Amending Act 1 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1999 Amending Act 2 - CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002
List Judgments citing this sectionRegistration Act, 1908 Part I
Title: Preliminary
State: Central
Year: 1908
.....frequents the precincts of a registration office, without a licence granted to him under the rules made under section 80G, for the purpose of obtaining employment for himself or any other person in connection with any registration business; or (b) who is declared to be deemed to be a tout for the purposes of this Act by rules made under section 80G." ________________________ 1. Substituted by the A.O. 1950, for "a Native of India" (w.e.f. 26-1-1950). 2. The words "his caste (if any) and" omitted by Act 17 of 1956, Section 2 (w.e.f. 6-4-1956). 3. Inserted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951). 4. Clause (11) Inserted by the A.O. 1950, and omitted by Act 3 of 1951, Section 3 and Sch (w.e.f. 1-4-1951). 5. Vide Andhra Pradesh Act 16 of 1999, Section 2 (w.e.f. 31-12-1998). 6. Vide Goa, Daman and Diu Act 2 of 1968, Section 2. 7. Vide Tamil Nadu Act 38 of 1987, Section 3 (w.e.f. 18-1-1988). 8. Vide West Bengal Act 5 of 1942, Section 8 (w.e.f. 1-11-1943).
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