Bare Act Search Results

Code of Civil Procedure, 1908 Order 1 Rule 1 to 13

Title: Parties to Suits

State: Central

Year: 1908

.....in such persons, whether jointly, severally or in the alternative; and (b) if such persons brought separate suits, any common question of law or fact would arise.] 2. Power of Court to order separate trials Where it appears to the Court that any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election or order separate trials or make such other order as may be expedient. 2[3. Who may be joined as defendants All persons may be joined in one suit as defendants where-- (a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and (b) if separate suits were brought against such persons, any common question of law or fact would arise.] 3[3-A. Power to order separate trials where joinder of defendants may embarrass or delay trial Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such other order as may be expedient in the interests of justice.] 4......

Code of Civil Procedure, 1908 Section 34

Title: Interest

State: Central

Year: 1908

.....or advanced by nationalised banks in relation to commercial transactions. Explanation I .--In this sub-section, "nationalised bank" me ans a corresponding new bank as defined in the B anking 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 interest3[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. ___________________ 1. Substituted by Act 66 of 1956, section 2, for certain words (w.e.f. 1-1-1957). 2. Added by Act 104 of 1976, section 13 (w.e.f. 1-7-1977). 3. Substituted by Act 66 of 1956, section 2, for "on such aggregate sum as aforesaid" (w.e.f. 1-1-1957).

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.....

Registration Act, 1908 Part X

Title: Of the Effects of Registration and Non-registration

State: Central

Year: 1908

.....be of the same nature as the registered document or not. (2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act. Explanation.-- In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1971), or the Indian Registration Act, 1877 (3 of 1977), or this Act. STATE AMENDMENTS 1Andhra Pradesh: In section 50, in sub-section (1), for the expression "clauses (a), (b), (c) and (d) of section 17", the expression "clauses (a), (b), (c), (d), (e), (f) and (g) of section 17" shall be substituted. 2Pondicherry: For Explanation to section 50, substitute the following, namely:-- "Explanation.--"Unregistered" means not registered.....

Registration Act, 1908 Section 49

Title: Effect of Non-registration of Documents Required to Be Registered

State: Central

Year: 1908

.....words "or by any provision of the Transfer of Property Act, 1882" insert the words "or of any other law for the time being in force", (ii) substitute clause (b) as under: "(b) confer any power or create any right or relationship, or", (iii) in clause (c), after the words "such power", insert the words "or creating such right or relationship", (iv) in the proviso, omit the words "as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or". _______________________________ 1. Added by Act 21 of 1929, section 10. 2. Now see the Specific Relief Act, 1963 (47 of 1963). 3. Certain words omitted by Act 48 of 2001, section 6 (w.e.f. 24-9-2001). 4. Vide Uttar Pradesh Act 57 of 1976, section 34 (w.e.f. 1-1-1977).

Code of Civil Procedure, 1908 Part I

Title: Suits in General

State: Central

Year: 1908

.....B anking 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 interest3[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. ___________________ 1. Substituted by Act 66 of 1956, section 2, for certain words (w.e.f. 1-1-1957). 2. Added by Act 104 of 1976, section 13 (w.e.f. 1-7-1977). 3. Substituted by Act 66 of 1956, section 2, for "on such aggregate sum as aforesaid" (w.e.f. 1-1-1957). Section 35 to 35B - Costs 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.....

Registration Act, 1908 Complete Act

State: Central

Year: 1908

.....after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:- (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 12[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of.....

Code of Civil Procedure, 1908 Rule 1 to 10

Title: Written Statement, Set-off and Counter-claim

State: Central

Year: 1908

.....by the Act 22 of 2002, section 9 (w.e.f. 1-7-2002). 2. Inserted by Act 46 of 1999, section 18(ii) (w.e.f. 1-7-2002). 3. Substituted by Act 22 of 2002, section 9(ii), for sub-rule (3) (w.e.f. 1-7-2002). 4. Rule 5 renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 58(iii) (w.e.f. 1-2-1977). 5. Inserted by Act 104 of 1976, section 58(iv) (w.e.f. 1-2-1977). 6. Inserted by Act 14 of 1976, section 58(v) (w.e.f. 01.02.1977). 7. Substituted by Act 22 of 2002, section 9, for rules 9 and 10 (as they stood immediately before their omission by clause (v) of section 18 of the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999). 8. Inserted by Act 104 of 1976, section 58(vi) (w.e.f. 01.02.1977). 9. Rule 8A was earlier inserted by Act 104 of 1976, section 58(vii) (w.e.f. 01.02.1977).

Code of Civil Procedure, 1908 Appendix D

Title: Decrees

State: Central

Year: 1908

.....to the institution of the suit. Or 2. That an inquiry be made as the account of mesne profits which have accrued dueprior to the institution of the suit. 3. That an inquiry be made as tothe amount of mesne profitsfrom the institution of the suit until [the delivery of possession to thedecree-holder] [the relinquishment of possession by the judgment-debtor withnotice to the decree-holder through the Court] [the expiration of three yearsfrom the date of the decree]. ___________________ 1. Substituted by Act 21 if 1929,section 8 and Schedule, for Forms 3 to 11. 2.Words not required to be deleted. 3.Here insert name of proper officer. Total Total Total Total

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).