Bare Act Search Results

Code 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.....

Code of Civil Procedure, 1908 Rule 1 to 6

Title: Recognized Agents and Pleaders

State: Central

Year: 1908

.....a recognised agent residing within the jurisdiction of the Court, or a pleader who has been duly appointed to act in the Court on his behalf, to appoint, within a specified time, an agent residing within the jurisdiction of the Court to accept service of the process on his behalf.] ______________________ 1. Substituted by Act 22 of 1926, section 2, for "duly appointed to act". 2. Substituted by Act 22 of 1926, section 2, for rule 4. 3. Substituted by Act 104 of 1976, section 54(i)(a)(i), for "filed in Court and shall be" w.e.f. 1-2-1977. 4. Inserted by Act 104 of 1976, section 54(i)(a)(ii), w.e.f. 1-2-1977. 5. Substituted by Act 104 of 1976, section 54(i)(b), for sub-rule (3) w.e.f. 1-2-1977. 6. Substituted by Act 104 of 1976, section 54(ii), for "Any process served on the pleader of any party" w.e.f. 1-2-1977. 7. Inserted by Act 104 of 1976, section 54(iii), w.e.f. 1-2-1977.

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.....

Indian Ports Act, 1908 Schedule I

Title: First Schedule

State: Central

Year: 1908

..... 24.Substituted by G.S.R. 590B,D/5-10-1982, Pt. II-S. 3(i) Ext. P.2. 25.Substituted for the originalclause by the Madras Indian Ports (Amdt.) Act, 1925 (Mad. 1 of 1926), Section. 26.Inserted by Notification of theGovt. of India in the Commerce Department, No. 19-P (27)/37 dated 7th August,1937.' 27.Inserted by the G.S.R. 448(e),D/20-8-1975 28.Inserted by the G.S.R. 450 (E),D/- 20-8-1975 29.Substituted for "any portin the island of Ceylon or any part of India" by Notification No. 19-P,(44)/45-I, dated 8th February, 1946, 30.Thewords "and Burma, between the westernmost part of Sind and t hesouthernmost part of Burma" omitted by Notification No. 19-P, (20)/414,dated 4th August, 1941 31.Substitutedfor "Tug-steamers, ferry-steamers and river-steamers" by Notifn. No.459, D// 27-3-1923 issued by the Government of Bombay in the Marine Department. 32.Substitutedfor the words "four annas per ton" by the G.S.R. 752/- D/- 24-4-1970 33.Substituted for "LocalGovernment" by A.O. 1937 [1-4-1937]. Due how often chargeable in respect of same vessel 1 2 3 4 District .....

Registration Act, 1908 Part XI

Title: Of the Duties and Powers of Registering Officers

State: Central

Year: 1908

.....portion so recopied and authenticated." [Note.--Section 8 of the Bombay Act 25 of 1938 runs as follows: "8. Validity of copies made prior to enactment of this Act.--Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".] (iii) in sub-section (2), for the words "18 and 89, sub-sections (2) and (4)", substitute the words "and 18 and section 89 except sub-sections (1) and (3) thereof". 10 Orissa: In its application to the State of Orissa, in section 51,-- (a) for sub-section (2), the following sub-section shall be substituted, namely,-- "(2) In Book 1 shall be filed-- (i) true copies of all documents, and (ii) all memoranda, .....

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).

Registration Act, 1908 Section 70

Title: Power of Inspector-general to Remit Fines

State: Central

Year: 1908

.....as admitted for registration; (d) The registering officer shall cause a copy so prepared to be filed, in accordance with the provisions of this Act and such rules as may be prescribed; (e) The true copy of the map or plan if any, mentioned in section 21 may also be filed along with the photocopy of the document or filed separately, in such manner as the Inspector General may direct. (2) All the words and expressions used in the Act with reference to the making of copies or documents by hand or the entering or filing of documents or memorandum in books provided under section 16, shall so far, as may be necessary, be construed as referring to the making of such copies by means of photocopying or the entering or filing of documents or memoranda in books made up of copies prepared by photocopying. (3) Where this Part applies, the sections mentioned below shall be deemed to be modified as follows:-- (a) in section 19, the words "and also by true copy" shall be omitted; (b) in section 20, sub-section (2) shall be omitted; (c) in section 45,-- (i) in sub-section (1), for the words, letter and figure "cause the contents thereof to be copied into his book No. 3", the.....

Registration Act, 1908 Section 89

Title: Copies of Certain Orders, Certificates and Instruments to Be Sent to Registering Officers and Filed

State: Central

Year: 1908

.....purpose of this Act. (b) the word "agriculturist" shall have the meaning assigned to it in sub-section (3) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955). 12 [13 [14 [Tamil Nadu: After sub-section (4), insert the following sub-section, namely:-- "(5) Every officer granting, a certificate of sale of immovable property under the Madras Co-operative Land Mortgage Banks Act, 1934, or the rules made under the Madras Co-operative Societies Act, 1932, shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such registering officer shall file the copy in his Book No. 1." After sub-section (5), insert as under: "(6) Every officer in charge of collection of the loans mentioned in subsection (1), or sub-section (3) shall send to the registering officer to whom a copy of the order under sub-section (1), or a copy of instrument or order under subsection (3) has been sent, an intimation of the discharge of such loans. Such intimation shall be in such form as may be prescribed and the registering officer.....

Registration Act, 1908 Part XV

Title: Miscellaneous

State: Central

Year: 1908

.....purpose of this Act. (b) the word "agriculturist" shall have the meaning assigned to it in sub-section (3) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955). 12 [13 [14 [Tamil Nadu: After sub-section (4), insert the following sub-section, namely:-- "(5) Every officer granting, a certificate of sale of immovable property under the Madras Co-operative Land Mortgage Banks Act, 1934, or the rules made under the Madras Co-operative Societies Act, 1932, shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such registering officer shall file the copy in his Book No. 1." After sub-section (5), insert as under: "(6) Every officer in charge of collection of the loans mentioned in subsection (1), or sub-section (3) shall send to the registering officer to whom a copy of the order under sub-section (1), or a copy of instrument or order under subsection (3) has been sent, an intimation of the discharge of such loans. Such intimation shall be in such form as may be prescribed and the registering officer.....

Code of Civil Procedure, 1908 Appendix E

Title: Execution

State: Central

Year: 1908

.....order be sent to ..... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the .................. day of ................... 19......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....