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Registration Act, 1908 Part II

Title: Of the Registration-establishment

State: Central

Year: 1908

.....of 1974, Section 2 (w.e.f. 10-6-1974). 5. Vide Uttar Pradesh Act 19 of 1981, Section 5 (w.e.f. 1-8-1981). 6. Vide Uttar Pradesh Act 27 of 1994, Section 2. Section 7 - Offices of Registrar and Sub-Registrar (1) The1[State Government] shall establish in every district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars. (2) The1[State Government] may amalgamate with any office of a Registrar, any office of a Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and the duties of the Registrar to whom he is subordinate: Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act. ________________________ 1. Substituted by the A.O. 1950, for "Provincial Government". Section 8 - Inspectors of Registration offices (1) The1[State Government] may also appoint officers to be called Inspector of Registration.....

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Code of Civil Procedure, 1908 Rule 1 to 6

Title: Suits Relating to Matters Concerning the Family

State: Central

Year: 1908

.....Court may think fit, for the purpose of assisting the Court in discharging the functions imposed by rule 3 of this Order. 5. Duty to inquire into facts In every suit or proceeding to which this Order applies, it shall be the duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any facts alleged by the defendant. 6. "Family"--Meaning of For the purposes of this Order, each of the following shall be treated as constituting a family, namely:-- (a) (i) a man and his wife living together, (ii) any child or children being issue of theirs; or of such man or such wife, (iii) any child or children being maintained by such man and wife; (b) a man not having a wife or not living together with his wife, any child or children, being issue of his, and any child or children being maintained by him; (c) a woman not having a husband or not living together with her husband, any child or children being issue of hers, and any child or children being maintained by her; (d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and (e) any combination of one or more of the groups.....

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Code of Civil Procedure, 1908 Rule 1 to 12

Title: Withdrawal and Adjustment of Suits

State: Central

Year: 1908

.....by the law of limitation in the same manner as if the first suit had not been instituted. 3. Compromise of suit Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise 2 [in writing and signed by the parties], or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith 3 [so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit]: 2 [Provided that where it is alleged by one party and dented by the other that an adjustment or satisfaction has been arrived at, the Court shall decide the question; but no adjournment shall be granted for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment.] 2 [Explanation.--An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not be deemed.....

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Code of Civil Procedure, 1908 Rule 1 to 2

Title: Security for Costs

State: Central

Year: 1908

.....to sub-rule ( 1 )]. 2 . Effect of failure to furnish security ( 1 ) In the event of such security not being furnished within the time fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted to withdraw therefrom. ( 2 ) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set the dismissal aside and, if it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from furnishing the security within the time allowed, the Court shall set aside the dismissal upon such terms as to security, costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit. ( 3 ) The dismissal shall not be set aside unless notice of such application has been served on the defendant. ___________________ 1. Substituted by Act 66 of 1956, section 14, for rule 1 (w.e.f. 1-1-1957).

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Code of Civil Procedure, 1908 Rule 1 to 8

Title: Commissions to Examine Witnesses

State: Central

Year: 1908

.....service of the Government] who cannot, in the opinion of the Court, attend without detriment to the public service: 4 [Provided that where, under rule 19 of Order XVI, a person, cannot be ordered to attend a Court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interest of justice: Provided further that a commission for examination of such person on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.] (2) Such commission may be issued to any Court, not being a High Court, within the local limits of whose jurisdiction such person resides, or to any pleader or other person whom the Court issuing the commission may appoint. (3) The Court on issuing any commission under this rule shall direct whether the commission shall be returned to itself or to any subordinate Court. 5 [4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court Notwithstanding anything contained in these rules, any Court may, in the interest of justice or for the expeditious disposal of the case or for any other reason, issue.....

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Code of Civil Procedure, 1908 Rule 15 to 18B

Title: General Provisions

State: Central

Year: 1908

.....absence. 1[18A. Application of order to execution proceedings The provisions of this Order shall apply, so far as may be, to proceedings in execution of a decree or order.] 1[18B. Court to fix a time for return of commission The Court issuing a commission shall fix a date on or before which the commission shall be returned to it after execution, and the date so fixed shall not be extended except where the Court, for reasons to be recorded, is satisfied that there is sufficient cause for extending the date.] __________________ 1. Inserted by Act 104 of 1976, section 75(vii) (w.e.f. 1-2-1977). 2. Substituted by Act 2 of 1951, section 3, for "the States".

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Code of Civil Procedure, 1908 Rule 1 to 8B

Title: Suit by or Against the Government or Public Officers in their Official Capacity

State: Central

Year: 1908

.....or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case. 2. Persons authorised to act for Government Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government. 3. Plaints in suits by or against Government In suits by or 2 [against the Government], instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert 2 [the appropriate name as provided in section 79 3 [***]. 4[4. Agent for Government to receive process The Government pleader in any Court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court.] 5. Fixing of day for appearance on behalf of Government The Court, in fixing the day for 1[the Government] to answer to the plaint, shall allow a reasonable time for the necessary communication with the.....

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Code of Civil Procedure, 1908 Rule 1 to 3

Title: Suits by or Against Military or Naval Men or Airmen

State: Central

Year: 1908

.....1 [, sailor] or airman]. 3. Service on person so authorized, or on his pleader, to be good service Processes served upon any person authorized by an officer 6[soldier 1[,sailor] or airman] under rule 6 or upon any pleader appointed as aforesaid by such person shall be as effectual as if they had been served on the party in person. ____________________________ 1. Inserted by Act 35 of 1934, section 2 and Schedule. 2. Inserted by Act 10 of 1927, section 2 and Schedule I. 3. The words "soldier or airman" were Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier" and "or a soldier" and the word "sailor" was Inserted by Act 35 of 1934, section 2 and Schedule. 4. Substituted by the A.O. 1937, for "serving the Government". 5. Substituted by Act 35 of 1934, section 2 and Schedule, for " military or air force". 6. Substituted by Act 10 of 1927, section 2 and Schedule 1, for "or soldier".

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Code of Civil Procedure, 1908 Rule 1 to 10

Title: Suits by or Against Firms and Persons Carrying on Business in Names Other Than their Own

State: Central

Year: 1908

.....whom it is sought to make liable. 4. Right of suit on death of partner (1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872), where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit. (2) Nothing in sub-rule (1) shall limit or otherwise affect any right which the legal representative of the deceased may have-- (a) to apply to be made a party to the suit, or (b) to enforce any claim against the survivor or survivors. 5. Notice in what capacity served Where a summons is issued to a firm and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service, whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, in default of such notice, the person served shall be deemed to be served as a partner. 6. Appearance of.....

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Code 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.....

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