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INTRODUCTION
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PART I : ADVOCATES AND REGISTERED CLERKS
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1 |
Appearance of Advocates of the other High Courts on the Original Side
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2 |
Definitions
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3 |
Application by Advocate for registration
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4 |
Office to maintain register
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5 |
Advocate shall not act if not registered
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6 |
Office Address
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7 |
Joint Vakalatnama
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8 |
Registered Clerk
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9 |
Removal of name of Clerk from Register
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10 |
Advocate to keep Accounts
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11 |
Obligation to pay money into a “client account”
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12 |
What money to be paid into a “client account”
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13 |
What money to be withdrawn from a client accoun
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14 |
Inapplicability of Rules 11, 12 and 13 in certain cases
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15 |
Production of Accounts for inspection:
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16 |
Right to lien, set-off etc. not affected
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17 |
Appearance in pending cases to be treated as vakalatnama:
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18 |
Rules in addition to the Rules framed otherwise
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19 |
Reference to attorney to mean Advocate
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20 |
Certificate as an attorney
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21 |
Dress of Advocates
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22 |
Advocate not to appear and plead for parties on both sides
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23 |
Advocate for the Official Liquidator not to act, appear or plead for any other party in matters arising in winding up of Company
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24 |
Designation of Advocate as Senior Advocate
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25 |
Application of Rules to Advocates, Supreme Court, mutatis mutandi
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PART II : RULES RELATING TO THE JURISDICTION OF THE HIGH COURT ON ITS ORIGINAL SIDE
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CHAPTER I : ORIGINAL JURISDICTION
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26 |
Holding of Court on Original Side
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27 |
Assignment of work to be made by the Chief Justice
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28 |
Reference to two or more Judges
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CHAPTER II : VACATIONS AND HOLIDAYS
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29 |
Vacations
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30 |
Holidays
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31 |
Applications in vacation and on holidays
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31A |
Matters to be dealt with by a Single Judge during Vacations and Holidays
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CHAPTER III : RULES APPLICABLE TO ALL OFFICES ON THE ORIGINAL SIDE
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32 |
Separate books to be kept for each year
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33 |
Keeping of records
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34 |
Account of stamps
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35 |
Receipts of documents by officers
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36 |
No officer to be receiver or guardian without previous sanction
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37 |
No Officer or Sheriff or Advocate to be surety or bail
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38 |
Consequences of default in payment of fees
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39 |
Late payment when deemed to be made
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40 |
Report of personal fees and honoraria
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41 |
Performance of duties during the temporary absence of the Head of an Office
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CHAPTER IV : INSTITUTION OF THE SUIT
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42 |
Plaint
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43 |
Particulars of claim to be annexed to plaint
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44 |
Plaint to be verified and before whom
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45 |
Plaint to be lodged before presentation
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46 |
Plaint to be properly stamped
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47 |
Endorsement on admission
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48 |
Official title only of Advocate General to appear in suit by or against him. Relators
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49 |
Form of appearance/vakalatnama to be filed on behalf of a party
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50 |
Address for service
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51 |
Acceptance of service by Advocate on behalf of client
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52 |
Party represented by Advocate not entitled to act or appear in person
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53 |
Parties in person to attend personally and supply address and postage if necessary information regarding his matter by post at the time of presentation
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54 |
Rules 42 and 44 to apply to all pleadings etc
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55 |
Petitions to be on Oath
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56 |
Forms of appearance or vakalatnama in petitions etc
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57 |
General List of suits:
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58 |
Prospective List of suits
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59 |
Working of Prospective List
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60 |
Transfer of suit to Stayed List “A”
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61 |
Transfer of suit to Stayed List “B”
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62 |
Removal of a suit for trial to High Court from any Subordinate Court
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CHAPTER V : MINORS AND PERSONS OF UNSOUND MIND
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63 |
Next friend of minor to make affidavit. Order of appointment unnecessary
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64 |
Procedure by petition when defendant is a minor
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65 |
Person eligible to be guardian ad-litem
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66 |
Procedure when plaintiff unable to obtain consent of persons eligible
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67 |
Service of summons on guardian-ad-litem
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68 |
Application of Rules 63 to 67 to persons of unsound mind
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CHAPTER VI : WRIT OF SUMMONS
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69 |
Summons to defendant
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70 |
Name and address of the party or of the Advocate to be stated in every process
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71 |
Summonses, etc., how attested and signed
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72 |
Sealing of summons, rule, decree
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73 |
Returnable date of summons matrimonial suits and hearing of such suits
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74 |
In suits other than matrimonial and summary suits, writ of summons to specify the time for filing an appearance or vakalatnama and written statement
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75 |
Returnable date of summons in suits other than matrimonial and summary suits
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76 |
Mode of service of summons
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77 |
Writ of summons and other process not to be served on Saturdays, Sundays and holidays
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78 |
Service at advocate’s office not to be effected after 5:30 p.m
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79 |
Undertaking by advocate to accept service
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80 |
Only one writ may be served, when advocate appears for several defendants
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81 |
Copy plaint to be furnished to the defendant
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82 |
Power to direct issue of fresh summons
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83 |
Service of notice on Attorney General or Advocate General
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84 |
Proof of service of Summons
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85 |
When service through Court
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86 |
Substituted service
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87 |
Suits to be placed on board for dismissal if summons not served within six months
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CHAPTER VII : WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM
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88 |
Time for filing appearance or vakalatnama by the defendant.
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89 |
In default of filing appearance or vakalatnama and written statement, suit may be set down on board as undefended
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90 |
Judgment for want of written statement
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91 |
In default of written statement defendant may appear with the leave of the Court or the Judge in Chambers
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92 |
Written statement by plaintiff
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93 |
Set-off by defendant
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94 |
Judge may disallow set-off
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95 |
Counter-claim by defendant
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96 |
Grounds in support of counter-claim to be specifically stated
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97 |
Title of counter-claim
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98 |
Claim against person, not party
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99 |
Appearance by third parties
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100 |
Reply to counter-claim
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101 |
Exclusion of counter-claim
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102 |
Discontinuance of suit
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103 |
Defendant to counter-claim in default
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104 |
Judgment for balance
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105 |
Payment with denial of liability
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106 |
Mode of withdrawing money paid with denial of liability
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CHAPTER VIII : THIRD PARTY PROCEDURE
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107 |
Third party notice
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108 |
Form and service of notice
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109 |
Effect of service of notice
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110 |
Third party to enter appearance or vakalatnama
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111 |
Consequence of failure to enter appearance or vakalatnama
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112 |
Decree when third party makes default in appearance or vakalatnama
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113 |
Third party to file affidavit in reply
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114 |
Appearance or vakalatnama of third party
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115 |
Defendant to take out chamber summons for directions in certain cases
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116 |
Costs
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117 |
Setting aside third party proceedings
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118 |
Right of the third party and of each successive third party to apply for third party notice against other persons
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119 |
Right of defendant to issue third party notice against co-defendant
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120 |
Third Party proceedings in a counter-claim
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CHAPTER IX : CHAMBER WORK
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121 |
Matters to be disposed of by the Judge in Chambers
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122 |
Matter before Judge in Chambers may be referred to Court and vice versa
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123 |
Application to confirm report on a reference made in Chambers
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124 |
Chamber Work
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125 |
Disposal of chamber work in Testamentory and intestate matters and Commercial Causes
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126 |
Chamber Summons
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127 |
Service of Chamber Summons.
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128 |
Mode of service
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129 |
Time for filing Chamber Summons and affidavits
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130 |
Vexatious or improper Summons
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131 |
Delegation of the Chamber Judge’s Powers to the Prothonotary and Senior Master
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132 |
Registered Clerks of Advocates on written authority permitted to appear in chamber matter before Prothonotary and Senior Master
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133 |
Adjournment of matter to Judge
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134 |
Interlocutory orders passed in Chambers not to be drawn up
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135 |
Drawing up decrees and Orders passed in Chambers
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136 |
Drawing up decree or order in urgent cases
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137 |
Error in decrees and Orders
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138 |
Issuing and filing of minutes of decree or order
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139 |
Arrangement of record of chamber summons after disposal.
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CHAPTER X : NOTICES OF MOTION
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140 |
Notices of Motion to be made returnable on Fridays
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141 |
Short service of Notice of Motion
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142 |
Notice of Motion
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143 |
Service of Notice of Motion
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144 |
Time for filing Notice of Motion and affidavits
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145 |
What affidavits can be used at the hearing
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146 |
Notice for production of record
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147 |
Application for interim relief
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148 |
Undertaking to pay damages to be given by party applying for interim relief
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149 |
Arrangement of record of notice of motion after disposal
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CHAPTER XI : MATTERS ARISING PENDING SUIT
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150 |
Ex-parte applications for formal amendment of pleadings and other documents
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151 |
Amendment how to be made
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152 |
Attestation of amendment
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153 |
Postponement of suits by Prothonotary and Senior Master
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154 |
Postponement of petitions etc. by Prothonotary and Senior Master
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155 |
Postponement in peremptorily adjourned suits
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156 |
Application affecting the daily board of a Judge to be made to that Judge
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157 |
Directions to be given
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158 |
No affidavit to be made
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159 |
Duty to make all interlocutory applications when suit on board for directions
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160 |
Subsequent application
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161 |
Further written statement by leave may be field
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162 |
Plaintiff’s confession of such defence and procedure thereon
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163 |
Prothonotary and Senior Master may draw up order for dismissal or withdrawal of suit
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164 |
Agent may make affidavit of documents when a party is not residing in Greater Bombay
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165 |
Procedure where the affidavit is required to be made by absent party personally
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166 |
Copies of photographs if relied on, to be furnished to the other side on payment of charges
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167 |
Notice of application for interrogatories
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168 |
Service of the order for discovery
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169 |
Service on Advocate of order for interrogatories or discovery or inspection
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170 |
Liability of the Advocate to pay costs for neglect
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171 |
Discovery against Sheriff
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172 |
Effect of non-disclosure of documents
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173 |
Removal of suits and matters from the lists of References to the Commissioner and placing them on board for directions
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174 |
Application for examination of witness under Order 18, rule 16 or section 76, or Order 26, Rules 1 and 4 of the Code of Civil Procedure
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175 |
Examination of witness under Order 18, Rule 16 or Order 26, Rule 1 of the Code of Civil Procedure
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176 |
Procedure when evidence is to be taken on interrogatories
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177 |
Preparation etc. of commission
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178 |
Deposit of fees of the Commissioner
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179 |
Procedure in examination of witness
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180 |
Deposition of witness to be read over to and signed by him
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181 |
Order necessary for summons to witness outside local limits
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182 |
Order necessary for production of public documents
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183 |
Payment of expenses and allowances to witness
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184 |
When witness disentitled to payment of expenses and allowances
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185 |
Enforcement of payment of expenses and allowances
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186 |
Duration of Advocate’s retainer
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187 |
Client’s application for discharge or change of his advocate
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188 |
Advocate’s application for his discharge
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189 |
Responsibility of Advocate for payment of fees :
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CHAPTER XII : AFFIDAVITS
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190 |
Evidence on petition, Notice of Motion or Chamber Summons
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191 |
Title of affidavits
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192 |
Form of affidavit
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193 |
Affidavit to be in the first person
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194 |
Every affidavit shall be drawn up in the first person.
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195 |
Affidavit by two or more deponents
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196 |
Before whom affidavits to be sworn
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197 |
Officers appointed to administer oaths.
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198 |
Every exhibit to be dated and initialled
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199 |
Place of administering oaths to be stated when oath administered outside Court House
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200 |
The officer authorized to administer an oath or affirmation shall state at the foot of the affidavit the place where he has administered the oath or affirmation in the event of the same being administered elsewhere than in the Court House.
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201 |
Affidavit to be filed before use in Court or Chambers
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202 |
Special time for filing affidavits
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203 |
Alteration in affidavit
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204 |
Use of defective affidavits
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205 |
Affidavit by blind persons
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206 |
Scandalous matters
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207 |
Procedure when affidavit is to be sworn outside Court House
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208 |
Procedure when affidavit is to be sworn outside India
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209 |
Affidavit to include plaint etc
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CHAPTER XIII : SUITS BY INDIGENT PERSONS
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210 |
Definition of the word “indigent”
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211 |
Defendant may be allowed to defend as an indigent person
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212 |
Application by an indigent person for leave to be by petition
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213 |
Notice for investigation
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214 |
Suit in ordinary form may be cautioned as by an indigent person
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215 |
Advocate may be appointed for indigent person
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216 |
Duty of Advocate in suits or matters by indigent persons
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217 |
No fees to be taken from indigent person
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218 |
No compromise without leave of the Court
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219 |
Direction for payment of Court fees in every decree or order
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220 |
Memo of fees to Government Advocate
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CHAPTER XIV : SUMMARY SUITS
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221 |
Summons for Judgment
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222 |
Judgment for part of claim
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223 |
Where one defendant has good defence but another has not
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224 |
Default in completing security or carrying out directions
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225 |
Setting down of summary suits for hearing
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226 |
Defendant’s default in filing appearance or Vakalatnama
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227 |
When no decree applied for within six months
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CHAPTER XV : COMMERCIAL CAUSES
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228 |
What are commercial causes?
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229 |
Lodging of plaints
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230 |
Transfer to List of Commercial Causes
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231 |
Transfer of summary suits to Commercial List
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232 |
List of Commercial Causes
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233 |
Interlocutory orders with a view to have speedy determination of the suit
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234 |
Rules 158 and 159 to apply to suits to be transferred to commercial list
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235 |
Rules 90 and 160 to apply to suits transferred to commercial list
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236 |
Decision of Judge may by consent be final
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CHAPTER XVI : ADMINISTRATION SUITS
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237 |
Chamber summons to classify interest of parties and to nominate advocates.
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CHAPTER XVII : ORIGINATING SUMMONS
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238 |
Who may apply for the issue of originating summons and in respect of what matters
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239 |
Order for administration of estate or of the trust
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240 |
Persons to be served with the summons
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241 |
Vendor or purchaser may apply for the issue of originating summons
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242 |
Persons to be served with such summons
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243 |
Mortgagee or mortgagor may apply for issue of originating summons
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244 |
A partner may apply for issue of originating summons
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245 |
Person interested under deed etc. may apply for issue of originating summons
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246 |
Court not bound to determine question of construction
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247 |
Upon what persons originating summons under rules 243 and 245 to be served
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248 |
Service on other persons by direction
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249 |
Plaint to be filed
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250 |
Plaint to be numbered with letters O.S
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251 |
Service of originating summons
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252 |
Returnable date of originating summons
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253 |
No obligation to file written statement or affidavit in reply
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254 |
When originating summons may be supported by evidence
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255 |
What may be done on hearing originating summons
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256 |
When cost of originating summons may be allowed as in a defended suit.
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257 |
When costs of ordinary suit may be allowed as in an originating summons
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258 |
Order made on originating summons to be drawn up as decree of Court
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259 |
Directions as to carriage or execution of decree
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260 |
Subsequent summons about same estate.
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261 |
Order II, Rule 2 of the Code of Civil Procedure not to apply to plaints filed in support of originating summons
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CHAPTER XVIII : COMPUTATION OF TIME AND POWER TO ENLARGE OR ABRIDGE TIME
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262 |
Computation of time
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263 |
“Month” means calendar month
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264 |
The time for giving security for costs when not to be reckoned.
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265 |
Power of Court or Judge to enlarge or abridge time
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266 |
Enlargement of time by consent
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CHAPTER XIX : SEARCH AND CERTIFIED COPIES
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267 |
Search and certified copies of documents to a party to suit or matter
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268 |
Search and certified copies of documents to a person not a party to suit or matter
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269 |
Depost for certified copies
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270 |
Charges for certified copies
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271 |
Application to state whether copy is required for private use or otherwise
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272 |
Applications for copies liable to stamp-duty
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272 - A |
Private copies may be certified as true copies
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273 |
The above rules to apply to certain other offices.
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CHAPTER XX : PROCEEDINGS AT THE HEARING OF SUITS AND UPTO AND INCLUSIVE OF DECREES
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274 |
Evidence how taken
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275 |
Endorsement under Order XIII, Rule 4 of the Code of Civil Procedure
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276 |
Extracts from or entries in document admitted in evidence to be initialed and marked.
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277 |
Translation of entry to be marked instead of a copy thereof
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278 |
Proceedings in another suit how put in as evidence
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279 |
Exemption to Muslims from appearance on certain days
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280 |
Exhibits to be official translated
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281 |
Personal liability of advocate on record to pay costs
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282 |
Order for postponement
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283 |
Return of plaint
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284 |
No decree unless suit on board
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285 |
Payment of costs to be condition precedent in the order for withdrawal of suit with liberty to file fresh suit
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286 |
Dismissal of suit on application of plaintiff, to be a bar to fresh suit
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287 |
Dismissal under Order XXV, Rule 2, Civil Procedure Code to be a bar to fresh suit
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288 |
Disposal of suit without report to be notified to Commissioner
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289 |
Decree for maintenance
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290 |
When Judge may order application for administration, etc. to stand over
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291 |
Costs of inquiry as regards right to legacy etc
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292 |
Distribution not to be delayed by difficulties as to some shares
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293 |
Sale and sub-division of securities implied in order for payment of fund
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294 |
Post of ante-dating of decrees
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295 |
Liberty to apply implied in decree or order that is not fina
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296 |
Judgement how passed
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297 |
Issuing and filing of minutes of decrees of orders passed in Court
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298 |
Contents of decree
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299 |
Interlocutory orders passed in Court not to be drawn up
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300 |
Drawing up decrees and orders passed in Court
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301 |
Drawing up decrees in urgent cases
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302 |
Prothonotary and Senior Master may proceed ex-parte
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303 |
Draft decree or order may be submitted to Judge
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304 |
Errors, how rectified after decree or order is sealed
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305 |
Applications for return of exhibits must be made within ten days
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306 |
Return of exhibits
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CHAPTER XXI : ARREST AND ATTACHMENT BEFORE JUDGMENT
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307 |
Arrest and attachment before judgment
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308 |
Conditional attachment duration of
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309 |
Rule 332 and 333 to apply
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310 |
Procedure on the surety rendering the principal or principal surrendering himself
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311 |
When principal may be rendered
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312 |
Stay of proceedings
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CHAPTER XXII : EXECUTION OF DECREES AND ORDERS
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313 |
Form of application for execution
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314 |
Certified copy of decree or order or Minutes to accompany application for execution
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315 |
Application for execution to be made to Prothonotary and Senior Master
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316 |
Notice under Order XXI, Rule 22 of the Code of Civil Procedure
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317 |
Returnable date of notice
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318 |
Prothonotary and Senior Master not to issue execution simultaneously against person and property
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319 |
Application for transmission of decree or order for execution
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320 |
Transmission of decree or order when provisions of Order 21, Rule 22 apply
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321 |
Certificate of non-satisfaction when provisions of Order 21, Rule 22 apply
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322 |
Stay of execution on transmission
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323 |
Transmission of decree on two or more districts simultaneously
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324 |
Procedure when insufficient amount realized in first district
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325 |
Procedure when insufficient amount realized in second or succeeding districts
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326 |
Procedure when sufficient amount realized in execution
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327 |
Return of decree or order if provisions of Order 21, Rule 22 or Order 21, Rule 6 are not complied with
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328 |
Return of decree or order for non-prosecution
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329 |
Non-prosecution of application for execution
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330 |
Reference to Judge on refusal by Prothonotary and Senior Master
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331 |
Application for receiver in execution of decree or order
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332 |
Costs of execution to be specified on warrant of arrest
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333 |
Costs of execution to be specified on warrant of attachment
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334 |
When fresh application necessary
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335 |
Payment into Court when to be made
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336 |
Payment out of Court to be notified
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337 |
Procedure on realization by Sheriff
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338 |
Notice to all person claiming to share to attend Judge in Chambers
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339 |
Procedure on such notice
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340 |
On realization of monthly pay frequent certificates not to issue
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341 |
Procedure when judgment creditor neglects to apply for certificate
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342 |
When such judgment-creditor alone entitled to payment
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343 |
Acts under Order XXI Rule 34(5) and 80 of the Code of Civil Procedure to be done by the Prothonotary and Senior Master
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344 |
Procedure in case of doubt or difficulty
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CHAPTER XXIII : GARNISHEE PROCEEDINGS
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345 |
Garnishee Notice
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346 |
Procedure when Garnishee does not pay into Court or fails to appear
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347 |
Procedure when Garnishee disputes his liability
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348 |
If notice is dismissed, attachment to stand raised
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349 |
Claim of third person
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350 |
Order to be made on hearing third person.
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351 |
Order against Garnishee to be executable as a decree in favour of decree-holder
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352 |
Discharge of Garnishee
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353 |
Garnishee proceedings against a firm
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354 |
Cost to be in the discretion of the Judge
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CHAPTER XXIV : GUARDIAN OF MINORS AND OF PERSONS OF UNSOUND MIND
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355 |
Application for foreigner for appointment as guardian of person or property of minors
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356 |
Commissioners to be informed of the appointment of a guardian of minor’s property etc
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357 |
Instructions to guardians
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358 |
Deposit of minor’s money
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359 |
Investment of minor’s money
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360 |
Certain rules to apply to guardians of minors
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361 |
Commissioner’s certificate to be obtained before depositing unascertained sum with Accounts Officer
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362 |
Ascertained amount to be deposited and Accounts Officer’s receipt to be produced before Commissioner
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363 |
Bond by guardian of property of minor.
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364 |
Rules in this chapter to apply to persons of unsound mind.
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CHAPTER XXV : RECEIPTS AND PAYMENTS BY OFFICERS OF THE COURT
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365 |
Time for making cash deposits in Court
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366 |
Applications for withdrawals of securities or moneys lying with High Court Officers
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367 |
Application for issue of Certificate
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367 - A |
Withdrawal of the amount by minors permanently residing outside, Bombay on attaining majority and in certain other cases:-
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368 |
Written authority of client requisite for payment to advocate on record
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CHAPTER XXVI : TESTAMENTARY AND INTESTATE JURISDICTION
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369 |
Definitions.
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370 |
Non-contentious matters
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371 |
Powers of the Prothonotary and Senior Master
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372 |
Application through Advocate or in person
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373 |
Application by parties in person. Personal attendance.
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374 |
Application for probate
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375 |
Application for Letters of Administration where the deceased has left a will
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376 |
Application for Letters of Administration where the deceased died intestate
|
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377 |
Application for succession certificate
|
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378 |
Name, etc., of petitioner and caveator in petition and caveat.
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379 |
Verification of petition
|
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380 |
Payment of Court-fees
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|
381 |
Certificate of Prothonotary and Senior Master for court-fee paid in advance.
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382 |
Delay in application
|
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|
383 |
Interlineations, alterations, etc., in the will should be sworn to by the attesting witness
|
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384 |
In absence of attesting witness, other evidence to be produced
|
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|
385 |
Production of deed, paper, etc., referred to in will
|
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|
386 |
Unsigned or unattested will
|
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|
387 |
Attempted cancellation to be accounted for
|
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|
388 |
Application for probate of nun-cupative or privileged will. -
|
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|
389 |
Disclosure of all persons having prior right to the grant.
|
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|
390 |
Administration to a creditor
|
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|
391 |
Marking will
|
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|
392 |
Proof of identity
|
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|
393 |
Renunciation of probate or letters of administration
|
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394 |
Application by constituted attorney
|
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|
395 |
Proof of execution of power of attornery
|
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|
396 |
Notice of application to whom to be given
|
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|
397 |
Notice of next-of-kin
|
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|
398 |
Issue and return of processes
|
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|
399 |
Service of citations
|
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|
400 |
Service by advertisement
|
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|
401 |
Caveat
|
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402 |
Affidavit in support of caveat
|
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|
403 |
Procedure on affidavit in support of caveat being filed
|
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|
404 |
Chamber summons for directions
|
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|
405 |
Notice to prove will in solemn from
|
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|
406 |
Affidavit opposing grant of succession certificate
|
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|
407 |
Procedure when two or more petitions for succession certificate are filed
|
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|
408 |
Provisions regarding indigent person to apply
|
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|
409 |
Search of proceedings
|
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|
410 |
Certified copies
|
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|
|
411 |
Production of papers in High Court
|
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|
412 |
Production of papers in other Courts
|
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|
|
413 |
Grants limited to State of Maharashtra
|
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|
|
414 |
Grants throughout India
|
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|
|
415 |
Amendment of grant to extend to India
|
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|
|
416 |
Application for extension of succession certificate
|
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|
|
417 |
Limited letters of administration
|
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|
418 |
Limited grant not to be issued to person entitled to general grant
|
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|
419 |
Blind or illiterate testator
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View Judgements
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420 |
Administration Bond in the case of Letters of Administration
|
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|
|
421 |
Administration Bond in the case of Succession Certificate
|
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|
|
422 |
Surety to be justified in certain cases
|
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|
423 |
Companies of sureties
|
View Judgements
|
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|
424 |
Attestation of bonds
|
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|
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|
|
425 |
Application under section 10 of the administrators General Act, 1963
|
View Judgements
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|
|
426 |
Probates etc., to be drawn up by the office
|
View Judgements
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|
|
427 |
Schedules of property etc., to be annexed to grant
|
View Judgements
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|
|
428 |
Grant under section 254 of the Indian Succession Act
|
View Judgements
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|
|
429 |
Prothonotary may refer a matter to the Judge
|
View Judgements
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|
|
430 |
Registers of grants
|
View Judgements
|
|
|
|
431 |
Certificate under section 274(1) (a) of the Indian Succession Act
|
View Judgements
|
|
|
|
432 |
Bills of costs in suits
|
View Judgements
|
|
|
|
433 |
Notice by executor or administrator to creditors under sections 360 and 367 of the Indian Succession Act
|
View Judgements
|
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|
|
434 |
Notice to be given to parties of the filing of the account
|
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|
|
435 |
Disposal of petitions for non-prosecution
|
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|
436 |
Practice
|
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|
|
CHAPTER XXVII : SECURITY
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View Judgements
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437 |
Security to be furnished to Prothonotary and Senior Master
|
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|
438 |
Notice to be given to the opposite party
|
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|
|
|
439 |
Particulars of security to be furnished
|
View Judgements
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|
440 |
Immovable property offered as security
|
View Judgements
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|
441 |
Surety or sureties as security
|
View Judgements
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|
442 |
Companies or corporations as sureties
|
View Judgements
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443 |
Assignment of Bond
|
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|
444 |
Rules in this Chapter relating to Prothonotary to apply to other officers
|
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|
|
CHAPTER XXVIII : OFFICE OF THE SHERIFF OF BOMBAY
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445 |
Sheriff to serve and execute process
|
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|
446 |
Special bailiff to execute process within limits
|
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|
447 |
Special bailiff to execute process beyond limits
|
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|
|
448 |
Time within which writ of summons to be lodged for service
|
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|
449 |
Date of lodging process to be noted on the process
|
View Judgements
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|
450 |
Service of certain notices
|
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|
451 |
Sheriff to execute all warrants
|
View Judgements
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|
452 |
Warrant for arrest of an insolvent
|
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|
|
453 |
Battaki, when beaten
|
View Judgements
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|
|
|
454 |
Writ of summons and other process not to be served on Saturdays, Sundays and holidays
|
View Judgements
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|
455 |
Service at advocate’s office not to be effected after 5.30 p.m
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|
|
456 |
Service on Advocates
|
View Judgements
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|
457 |
Service by parties in person
|
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|
|
458 |
Translation of process to be served on person not knowing English
|
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|
459 |
Service of summons or process received from the Registrar, High Court, Appellate Side
|
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|
|
460 |
On receipt of precept, warrant of attachment to issue
|
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|
461 |
Deposit of subsistence allowance with warrant of arrest
|
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|
|
462 |
Judgment-creditor to make a deposit with the Sheriff for incidental expenses of maintenance of attached property
|
View Judgements
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|
|
463 |
Sheriff to insure attached property if necessary
|
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|
|
464 |
Release of person arrested or property attached before judgment
|
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|
|
465 |
Judgment-debtor to be released on the written request of the judgmentcreditor
|
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|
|
|
466 |
Attachment to be withdrawn on the written request of the judgment-creditor
|
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|
|
|
|
|
|
467 |
Levy of sums mentioned in warrant of arrest or attachment
|
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|
|
468 |
Release of judgment-debtor and withdrawal of attachment on receipt or realisation of moneys mentioned in the warrant
|
View Judgements
|
|
|
|
469 |
Production before Judge of persons arrested order of committal, warrant of committal
|
View Judgements
|
|
|
|
470 |
Production of persons arrested after 8 p.m
|
View Judgements
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|
|
|
471 |
Superintendent of jail to keep in custody person arrested or committed
|
View Judgements
|
|
|
|
472 |
Production before Judge, under fresh warrant, of person already in custody
|
View Judgements
|
|
|
|
473 |
Application for production of person in custody
|
View Judgements
|
|
|
|
474 |
Liability for Sheriff’s poundage
|
View Judgements
|
|
|
|
475 |
Advocate to file in Sheriff’s Office copy of order releasing judgment-debtor or raising attachment
|
View Judgements
|
|
|
|
476 |
Satisfaction not to be entered without Sheriff’s certificate
|
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|
477 |
Payment of money realised under warrant of arrest
|
View Judgements
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|
|
|
478 |
Sheriff to sell property of judgment-debtor and to credit sale proceeds to Government, if unclaimed for one year
|
View Judgements
|
|
|
|
479 |
Proclamation of sale in case of movable property
|
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|
|
|
|
480 |
Proclamation of sale in case of immovable property
|
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|
|
|
|
481 |
Sale of movable property subject to certain conditions
|
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|
|
|
|
482 |
Sale of immovable property subject to certain conditions
|
View Judgements
|
|
|
|
483 |
Rules relating to arrest and attachment after judgment to apply to arrest and attachment before judgment
|
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|
|
|
|
484 |
Sheriff may give authority to Deputy Sheriff
|
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|
|
|
|
485 |
Sheriff to include Deputy Sheriff, etc
|
View Judgements
|
|
|
|
486 |
Performance of Deputy Sheriff’s duties during his absence
|
View Judgements
|
|
|
|
|
|
|
CHAPTER XXIX : OFFICE OF THE COMMISSIONER FOR TAKING ACCOUNTS
|
View Judgements
|
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|
|
487 |
Copy of decree or order to be filed
|
View Judgements
|
|
|
|
488 |
Party filing copy of decree or order to apply for issue of notice
|
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|
|
|
|
489 |
Service of notice etc., on party concerned
|
View Judgements
|
|
|
|
490 |
Length of service
|
View Judgements
|
|
|
|
491 |
Manner of proceeding with the matter
|
View Judgements
|
|
|
|
492 |
Directions for filing statements of accounts, objections and surcharges
|
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|
|
|
|
493 |
Procedure in default of filing statement of account
|
View Judgements
|
|
|
|
494 |
Just allowance to be made
|
View Judgements
|
|
|
|
495 |
Commissioner may remove matter from the file on default of appearance
|
View Judgements
|
|
|
|
|
|
496 |
Commissioner may proceed ex-parte
|
View Judgements
|
|
|
|
497 |
Commissioner may award costs of adjournment or costs of removal of matter
|
View Judgements
|
|
|
|
498 |
When reference or matter not prosecuted, Commissioner may remove same from file
|
View Judgements
|
|
|
|
499 |
Reference or matter not to be restored without order
|
View Judgements
|
|
|
|
500 |
Procedure on refusal or neglect of a party to do some act required to be done
|
View Judgements
|
|
|
|
501 |
Commissioner may obtain process for attendance or for production of documents
|
View Judgements
|
|
|
|
502 |
Unofficial translation of exhibit may be furnished to Commissioner
|
View Judgements
|
|
|
|
503 |
Registered Clerks of Advocated on written authority may be permitted to appear before Commissioner
|
View Judgements
|
|
|
|
504 |
Appearance on a claim made against the estate of a deceased person
|
View Judgements
|
|
|
|
505 |
Commissioner may make interim report
|
View Judgements
|
|
|
|
|
|
506 |
Commissioner to report if unable to make report in time
|
View Judgements
|
|
|
|
507 |
Report of Commissioner binding on parties unless discharged or varied
|
View Judgements
|
|
|
|
508 |
Exceptions to Commissioner’s report and their hearing
|
View Judgements
|
|
|
|
509 |
Setting down of suit for hearing on exceptions to Commissioner’s report
|
View Judgements
|
|
|
|
510 |
Confirmation of Commissioner’s report, when exceptions not filed
|
View Judgements
|
|
|
|
511 |
Procedure when no application made for confirmation
|
View Judgements
|
|
|
|
512 |
Procedure when Receiver fails to file account, etc
|
View Judgements
|
|
|
|
513 |
Upon Account being filed notice to proceed, etc., to issue
|
View Judgements
|
|
|
|
514 |
Commissioner’s certificate to be binding on parties unless discharge or varied
|
View Judgements
|
|
|
|
515 |
Party dissatisfied with certificate to apply by chamber summons
|
View Judgements
|
|
|
|
|
|
516 |
Copy of decree or order for sale to be filed
|
View Judgements
|
|
|
|
517 |
Sale to be conducted by the Commissioner
|
View Judgements
|
|
|
|
518 |
Sale to be to the highest bidder offering a sufficient sum
|
View Judgements
|
|
|
|
519 |
Carriage of proceedings
|
View Judgements
|
|
|
|
520 |
Document of title to be left with the Commissioner and to be subject to his directions
|
View Judgements
|
|
|
|
521 |
Conditions of Sale
|
View Judgements
|
|
|
|
522 |
Proclamation, notification and conditions of sale and abstract of title by whom to be prepared
|
View Judgements
|
|
|
|
523 |
Settlement of proclamation, notification, etc.
|
View Judgements
|
|
|
|
524 |
Copies of proclamation, notification, etc., to be filed
|
View Judgements
|
|
|
|
525 |
Notification of the sale
|
View Judgements
|
|
|
|
|
|
526 |
Proclamation of sale and mode of notifying sale
|
View Judgements
|
|
|
|
527 |
Reserved bid
|
View Judgements
|
|
|
|
528 |
Reserved bid not be divulged
|
View Judgements
|
|
|
|
529 |
Copy of proclamation, notification and conditions of sale with translation to be posted up
|
View Judgements
|
|
|
|
530 |
When conditions of sale to be published and hand bills distributed
|
View Judgements
|
|
|
|
532 |
Postponement of sale
|
View Judgements
|
|
|
|
533 |
Notice of postponement of sale to be given in newspapers
|
View Judgements
|
|
|
|
534 |
When sale postponed, a new day to be fixed
|
View Judgements
|
|
|
|
535 |
Advocate of party having carriage of proceedings to be present at the sale
|
View Judgements
|
|
|
|
536 |
Proclamation, notification and conditions of sale to be read out before sale
|
View Judgements
|
|
|
|
|
|
537 |
Bids to be entered in the Commissioner’s note-book
|
View Judgements
|
|
|
|
538 |
Postponement of sale for want of sufficient bid
|
View Judgements
|
|
|
|
539 |
When property sold, from of entry to be made in the Commissioner’s note-book
|
View Judgements
|
|
|
|
540 |
Result of sale to be entered in bidding paper
|
View Judgements
|
|
|
|
541 |
Agent of purchaser to sign Bidding paper as such
|
View Judgements
|
|
|
|
542 |
Proceedings on a re-sale
|
View Judgements
|
|
|
|
543 |
Leave to bid and to set-off
|
View Judgements
|
|
|
|
544 |
Leave to mortgagee to bid and set-off
|
View Judgements
|
|
|
|
545 |
Application of encumbrance to be made a party to the suit or to join in the sale
|
View Judgements
|
|
|
|
546 |
Sale of movable property
|
View Judgements
|
|
|
|
|
|
547 |
Sale of immovable property
|
View Judgements
|
|
|
|
548 |
Application to compel delivery of abstract
|
View Judgements
|
|
|
|
549 |
Questions arising out of objections or requisitions
|
View Judgements
|
|
|
|
550 |
Determination of the question whether a good title has been made out
|
View Judgements
|
|
|
|
551 |
Costs of inquiry
|
View Judgements
|
|
|
|
552 |
Application by purchaser for leave to pay purchase-money into Court
|
View Judgements
|
|
|
|
553 |
Application by any other party against defaulting purchaser
|
View Judgements
|
|
|
|
554 |
Direction for investment of purchase-money
|
View Judgements
|
|
|
|
555 |
Investment of purchase-money
|
View Judgements
|
|
|
|
556 |
Purchaser when deemed to have accepted the title
|
View Judgements
|
|
|
|
|
|
557 |
Purchase-money not to be paid out without an order
|
View Judgements
|
|
|
|
558 |
If sale set aside, purchaser entitled to receive back his deposit, purchase-money and amount of stamp-duty with costs
|
View Judgements
|
|
|
|
559 |
Bidding not to be re-opened
|
View Judgements
|
|
|
|
560 |
Result of sale to be certified
|
View Judgements
|
|
|
|
561 |
Sale to be confirmed by the Court
|
View Judgements
|
|
|
|
562 |
Certificate of Commissioner and of Prothonotary and Senior Master to be produced for confirmation of sale
|
View Judgements
|
|
|
|
563 |
Possession of immovable property
|
View Judgements
|
|
|
|
564 |
Possession of movable property. Transfer of securities and shares
|
View Judgements
|
|
|
|
565 |
Conveyance
|
View Judgements
|
|
|
|
566 |
Purchaser to prepare conveyance
|
View Judgements
|
|
|
|
|
|
567 |
Failure to return draft conveyance
|
View Judgements
|
|
|
|
568 |
Conveyance to be settled by the Commissioner
|
View Judgements
|
|
|
|
569 |
Certificate of Approval
|
View Judgements
|
|
|
|
570 |
Proceedings to procure execution of conveyance
|
View Judgements
|
|
|
|
571 |
Substitution of name
|
View Judgements
|
|
|
|
572 |
Substitution of names not allowed after execution of conveyance
|
View Judgements
|
|
|
|
573 |
When additional price and additional stamp-duty to be paid into Court
|
View Judgements
|
|
|
|
574 |
One application may be made for the substitution of names and confirmation of sale
|
View Judgements
|
|
|
|
575 |
Extra costs of obtaining substitution of names
|
View Judgements
|
|
|
|
576 |
Mortgagee to include sharer in property which is subjectmatter of partition suit, administration suit and partnership suit
|
View Judgements
|
|
|
|
|
|
577 |
Sale by private contract
|
View Judgements
|
|
|
|
578 |
Copy of warrant of sale of property attached in execution to be lodged in Commissioner’s office
|
View Judgements
|
|
|
|
579 |
Commissioner may summon judgment-debtor to attend and produce title-deeds of his property
|
View Judgements
|
|
|
|
580 |
Inquiry before commissioner as to matters specified in Order XXI, Rule 66, C.P. Code
|
View Judgements
|
|
|
|
581 |
Notice to all persons to lodge claims against attached property
|
View Judgements
|
|
|
|
582 |
Time to be fixed for investigation of claims
|
View Judgements
|
|
|
|
583 |
Inquiry into claims
|
View Judgements
|
|
|
|
584 |
On completion of inquiry a list of claims to be drawn up
|
View Judgements
|
|
|
|
585 |
Proclamation of sale
|
View Judgements
|
|
|
|
587 |
Appeal from decision of Commissioner
|
View Judgements
|
|
|
|
|
|
587 |
Rules to apply to Special Commissioner
|
View Judgements
|
|
|
|
588 |
Commissioner to include Assistant Commissioner, etc
|
View Judgements
|
|
|
|
|
CHAPTER XXX : OFFICE OF THE RECEIVER
|
View Judgements
|
|
|
|
589 |
Application for appointment of Receiver
|
View Judgements
|
|
|
|
590 |
Security to be given by a Receiver other than the Court Receiver
|
View Judgements
|
|
|
|
591 |
Fees of Receiver
|
View Judgements
|
|
|
|
592 |
Court Receiver to charge office expenses to estate
|
View Judgements
|
|
|
|
593 |
Investment of moneys by the Court Receiver
|
View Judgements
|
|
|
|
594 |
(a) Period for filing Receiver’s account with the Commissioner
|
View Judgements
|
|
|
|
595 |
Form of receiver’s account
|
View Judgements
|
|
|
|
|
|
596 |
Certified copy of the Minutes of the decree or order to be served on the Receiver
|
View Judgements
|
|
|
|
597 |
Provisions for payment of Receiver’s costs etc
|
View Judgements
|
|
|
|
598 |
Rules in this chapter to apply to interim receiver and administrator pendente-lite
|
View Judgements
|
|
|
|
599 |
Sale by Court Receiver
|
View Judgements
|
|
|
|
|
CHAPTER XXXI : TAXATION AND ADVOCATE’S FEE
|
View Judgements
|
|
|
|
600 |
Definitions
|
View Judgements
|
|
|
|
601 |
Time for lodging Bill of Costs by Attorneys
|
View Judgements
|
|
|
|
602 |
Enlargement of time
|
View Judgements
|
|
|
|
603 |
Fixed costs in pending cases
|
View Judgements
|
|
|
|
604 |
Earlier rules to apply in certain cases
|
View Judgements
|
|
|
|
|
|
605 |
Duty of the Attorney to return the papers on discharge
|
View Judgements
|
|
|
|
606 |
Computation of Advocate’s fee
|
View Judgements
|
|
|
|
607 |
Charges for interpretation and administration of Oath
|
View Judgements
|
|
|
|
608 |
Travelling allowance of a public servant
|
View Judgements
|
|
|
|
609 |
Court’s power to fix costs where no provision is made
|
View Judgements
|
|
|
|
610 |
Rounding off
|
View Judgements
|
|
|
|
|
CHAPTER XXXII : OFFICE OF THE CHIEF TRANSLATOR AND INTERPRETER
|
View Judgements
|
|
|
|
611 |
Translator’s office to be in two parts and to be supervised by Prothonotary and Senior Master and Registrar
|
View Judgements
|
|
|
|
612 |
Oath or affirmation to Translator and Interpreter
|
View Judgements
|
|
|
|
613 |
Registers of work
|
View Judgements
|
|
|
|
|
|
614 |
Return of work
|
View Judgements
|
|
|
|
615 |
Unofficial Translation of Interpretation prohibited
|
View Judgements
|
|
|
|
616 |
Interpretation of documents of blind persons
|
View Judgements
|
|
|
|
617 |
Interpretation of documents of deaf and dumb persons
|
View Judgements
|
|
|
|
618 |
Interpretation out of office hours
|
View Judgements
|
|
|
|
619 |
Rule 618 to apply to Special Interpreters
|
View Judgements
|
|
|
|
620 |
When documents sent for translation
|
View Judgements
|
|
|
|
621 |
Deposit to cover fees
|
View Judgements
|
|
|
|
622 |
Procedure when reader’s assistance is required
|
View Judgements
|
|
|
|
623 |
Translation from dictation of reader when inadmissible in evidence
|
View Judgements
|
|
|
|
|
|
624 |
If transcript is incorrect costs of fresh translation
|
View Judgements
|
|
|
|
625 |
Inspection of documents lodged in Chief Translator’s Office
|
View Judgements
|
|
|
|
626 |
Translation of document in possession of the other side
|
View Judgements
|
|
|
|
627 |
Copy of translation to be furnished to the other side
|
View Judgements
|
|
|
|
628 |
Intimation of change of Advocate to be given to the office
|
View Judgements
|
|
|
|
629 |
Special Translators and Interpreters
|
View Judgements
|
|
|
|
630 |
Translations when admissible
|
View Judgements
|
|
|
|
631 |
Translation may be ordered by Court
|
View Judgements
|
|
|
|
632 |
Sanction for immediate translation
|
View Judgements
|
|
|
|
633 |
Translator’s office to translate documents put in subject to translation
|
View Judgements
|
|
|
|
|
|
634 |
Sanction for translation or interpretation of document not relating to High Court matters during or after Office hours
|
View Judgements
|
|
|
|
635 |
Deleted
|
View Judgements
|
|
|
|
|
CHAPTER XXXIII : RULES FOR THE ISSUE OF WRITS UNDER ARTICLE 226 OF THE CONSTITUTION OTHER THAN HABEAS CORPUS
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|
636 |
Application for Writ, etc., under Article 226 of the Constitution
|
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|
637 |
Rule Nisi
|
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|
|
|
638 |
Deleted.
|
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|
|
639 |
Interim Order
|
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|
|
|
|
640 |
Service of copy of petition and documents on Respondent when interim orders prayed for
|
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|
|
|
|
641 |
Service of rule nisi
|
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|
|
|
|
642 |
Answer to the petition
|
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|
|
|
|
643 |
Service of rule on other parties
|
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|
|
644 |
The Court may allow outsider to appear in certain cases
|
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|
|
645 |
No further affidavits allowed
|
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|
|
646 |
Adjournment for examination of witnesses
|
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|
|
|
|
647 |
Execution of orders
|
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|
|
648 |
Costs of appeals may be quantified
|
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|
|
648 - A |
Provisions of Rules 986 and 133 to apply to application under this Chapter.
|
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|
|
CHAPTER XXXIV : RULE RELLATING TO REFERENCES UNDER THE LAND ACQUISITION ACT, 1894
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|
|
649 |
Register of Land Acquisition References
|
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|
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|
|
650 |
Collector to furnish postal address of parties
|
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|
|
|
|
651 |
Collector to file notices etc
|
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|
|
652 |
Prothonotary to issue notices
|
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|
|
|
|
653 |
Notices to be sent by registered post
|
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|
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|
|
654 |
Returnable date of notice under sections 18 and 30
|
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|
|
|
|
655 |
Application for order under section 32 of the Land Acquisition Act
|
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|
|
|
|
|
CHAPTER XXXV : RULE RELATING TO REFERENCES AND APPLICATIONS UNDER SECTION 256 OF THE INCOME-TAX ACT, 1961 (ACT No. 43 OF 1961.)
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|
656 |
References to be sent to the prothonotary and Senior Master 1 [at Bombay, or the Additional Registrar of the respective Benches as the case may be]
|
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|
|
|
|
657 |
Notice of reference to party at whose instance reference is made
|
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|
|
|
658 |
Filing of statement of case, issuing notice and fixing date for the hearing
|
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|
|
|
|
659 |
Preparation of Paper Book
|
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|
|
|
|
|
|
660 |
Failure to file Paper Books
|
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|
|
|
|
661 |
Application under sub-section (2) of section 256
|
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|
|
|
|
662 |
Placing of application before the Court
|
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|
|
|
|
663 |
Service of rule nisi
|
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|
|
|
|
664 |
Time for furnishing copies of application
|
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|
|
|
665 |
Answer to rule nisi
|
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|
|
|
|
666 |
A copy of the Court’s Order and judgment to be sent to the Appellate Tribunal
|
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|
|
|
|
667 |
References and applications to be heard by a bench
|
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|
|
|
|
668 |
References and applications pursuant to Act XXX of 1947
|
View Judgements
|
|
|
|
669 |
Rules in this chapter to apply to references and applications under section 66 of the Indian Income-tax Act, 1922
|
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|
|
|
|
|
|
CHAPTER XXXVI : RULE RELATING TO REFERENCES AND APPLICATIONS UNDER SECTION 27 OF THE WEALTH-TAX ACT, 1957 (ACT No. 27 OF 1957)
|
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|
|
|
|
670 |
References to be sent to the Prothonotary and Senior Master 1[at Bombay, or the Additional Registrar of the respective Benches as the case may be]
|
View Judgements
|
|
|
|
671 |
Notice of reference to party at whose instance the reference is made
|
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|
|
|
|
672 |
Filing statement of case issuing notice and fixing date for the hearing
|
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|
|
|
|
673 |
Preparation of Paper Book
|
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|
|
|
|
674 |
Failure to file Paper Books
|
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|
|
|
|
675 |
Application under section 27(3)
|
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|
|
|
|
676 |
Placing of application before the Court
|
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|
|
|
|
677 |
Service of rule nisi
|
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|
|
|
|
678 |
Time for furnishing copies of application
|
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|
|
|
|
|
|
679 |
Answer to rule nisi
|
View Judgements
|
|
|
|
680 |
Copy of the Court’s Order and judgment to be sent to the Appellate Tribunal
|
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|
|
|
|
681 |
References and applications to be heard by a bench
|
View Judgements
|
|
|
|
|
CHAPTER XXXVII : RULES RELATING TO REFERENCES AND APPLICATIONS UNDER SECTION 64 OF THE ESTATE DUTY ACT, 1953 (ACT No. 34 OF 1953)
|
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|
|
|
|
682 |
Reference to be sent to the Prothonotary and Senior Master 1 [at Bombay, or the Additional Registrar of the respective Benches as the case may be]
|
View Judgements
|
|
|
|
683 |
Notice of reference to party at whose instance reference is made
|
View Judgements
|
|
|
|
684 |
Filing statement of case, issuing notice and fixing date for the hearing
|
View Judgements
|
|
|
|
685 |
Preparation of Paper Book
|
View Judgements
|
|
|
|
686 |
Failure to file Paper Books
|
View Judgements
|
|
|
|
687 |
Application under Section 64(3)
|
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|
|
|
|
|
|
688 |
Placing of application before the Court
|
View Judgements
|
|
|
|
689 |
Service of Rule Nisi
|
View Judgements
|
|
|
|
690 |
Time for furnishing copies of application
|
View Judgements
|
|
|
|
691 |
Answer to rule nisi
|
View Judgements
|
|
|
|
692 |
Copy of the Court’s order and judgment to be sent to the Appellate Tribunal
|
View Judgements
|
|
|
|
693 |
References and applications to be heard by a bench
|
View Judgements
|
|
|
|
|
CHAPTER XXXVIII : RULES RELATING TO REFERENCES AND APPLICATIONS UNDER SECTION 26 OF THE GIFT – TAX, ACT, 1958 (ACT No. 18 OF 1958)
|
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|
|
|
|
694 |
References to be sent to the Prothonotary and Senior Master 1 [at Bombay, or the additional Registrar of the respective Benches as the case may be]
|
View Judgements
|
|
|
|
695 |
Notice of reference to party at whose instance the reference is made
|
View Judgements
|
|
|
|
696 |
Filing statement of case, issuing notice and fixing date for the hearing
|
View Judgements
|
|
|
|
|
|
697 |
Preparation of Paper Book
|
View Judgements
|
|
|
|
698 |
Failure to file Paper Books
|
View Judgements
|
|
|
|
699 |
Application under section 26(3)
|
View Judgements
|
|
|
|
700 |
Placing of application before the Court
|
View Judgements
|
|
|
|
701 |
Service of rule nisi
|
View Judgements
|
|
|
|
702 |
Time for furnishing copies of application
|
View Judgements
|
|
|
|
703 |
Answer to rule nisi
|
View Judgements
|
|
|
|
704 |
Copy of the Court’s Order and Judgment to be sent to the Appellate Tribunal
|
View Judgements
|
|
|
|
705 |
References and applications to be heard by a bench
|
View Judgements
|
|
|
|
|
CHAPTER XXXIX : RULE RELATING TO REFERENCES AND APPLICATIONS UNDER SECTION 61 OF THE BOMBAY SALES TAX ACT, 1959
|
View Judgements
|
|
|
|
|
|
706 |
References to be sent to the Prothonotary and Senior Master 1 [at Bombay or the Additional Registrar of the respective Benches as the case may be]
|
View Judgements
|
|
|
|
707 |
Notice of reference to party at whose instance reference is made
|
View Judgements
|
|
|
|
708 |
Filing statement of case, issuing notice and fixing date for the hearing
|
View Judgements
|
|
|
|
709 |
Preparation of paper book
|
View Judgements
|
|
|
|
710 |
Failure to file Paper Books
|
View Judgements
|
|
|
|
711 |
Application to the High Court under Section 61 (1)
|
View Judgements
|
|
|
|
712 |
Placing of application before the Court
|
View Judgements
|
|
|
|
713 |
Service of rule nisi
|
View Judgements
|
|
|
|
714 |
Time for furnishing copies of application
|
View Judgements
|
|
|
|
715 |
Answer to rule nisi
|
View Judgements
|
|
|
|
|
|
716 |
Copy of the Court’s order and judgment to be sent to the Tribunal
|
View Judgements
|
|
|
|
717 |
Reference and applications to be heard by a bench
|
View Judgements
|
|
|
|
718 |
Chapter to apply to references and applications under section 34 of the Bombay Sales Tax Act, 1953
|
View Judgements
|
|
|
|
|
CHAPTER XL : RULES UNDER THE BANKING REGULATIONS ACT, 1949 (ACT No. 10 OF 1949)
|
View Judgements
|
|
|
|
719 |
Application relating to Banking Companies within Greater Bombay
|
View Judgements
|
|
|
|
720 |
General Headings
|
View Judgements
|
|
|
|
721 |
Presentation and hearing of petitions under Part III or Part III-A of the Act
|
View Judgements
|
|
|
|
722 |
Notice of petition
|
View Judgements
|
|
|
|
723 |
General duties and power of the Special Officer
|
View Judgements
|
|
|
|
724 |
Inspection of the Report of the Reserve Bank of India
|
View Judgements
|
|
|
|
|
|
725 |
Application in winding up to be by petition
|
View Judgements
|
|
|
|
726 |
Notice of petition
|
View Judgements
|
|
|
|
727 |
Affidavit in answer
|
View Judgements
|
|
|
|
728 |
Directions at the hearing of the petition
|
View Judgements
|
|
|
|
729 |
Transfer of suits and proceedings to the High Court
|
View Judgements
|
|
|
|
730 |
Affidavit in reply
|
View Judgements
|
|
|
|
731 |
When proceedings not transferred, Court may request expedition of the same
|
View Judgements
|
|
|
|
732 |
List of debtors
|
View Judgements
|
|
|
|
733 |
Service of notice
|
View Judgements
|
|
|
|
734 |
Affidavit in reply
|
View Judgements
|
|
|
|
|
|
735 |
Settlement of the list of debtors
|
View Judgements
|
|
|
|
736 |
Official Liquidator to report if he contests claims of depositors
|
View Judgements
|
|
|
|
737 |
Register of suits in winding up matters
|
View Judgements
|
|
|
|
738 |
Hearing of suits and matters
|
View Judgements
|
|
|
|
739 |
Procedure in such suits
|
View Judgements
|
|
|
|
740 |
Application for inspection of records
|
View Judgements
|
|
|
|
741 |
Recovery of dues as arrears of land revenue
|
View Judgements
|
|
|
|
742 |
Supervision of the carrying out of compromise or arrangement
|
View Judgements
|
|
|
|
743 |
These rules to be in addition to Companies (Court) Rules of the Supreme Court
|
View Judgements
|
|
|
|
744 |
Appeals to the High Court to be heard by Division Bench
|
View Judgements
|
|
|
|
|
|
745 |
Period within which appeal should be filed
|
View Judgements
|
|
|
|
746 |
Appeals
|
View Judgements
|
|
|
|
747 |
Presentation of complaints and issue of process
|
View Judgements
|
|
|
|
748 |
Process in criminal cases
|
View Judgements
|
|
|
|
749 |
What offences to be tried summarily
|
View Judgements
|
|
|
|
750 |
Procedure in summary trials
|
View Judgements
|
|
|
|
751 |
Bail
|
View Judgements
|
|
|
|
752 |
Accused person to be competent witness
|
View Judgements
|
|
|
|
753 |
Compounding of offences
|
View Judgements
|
|
|
|
754 |
Appeal against conviction
|
View Judgements
|
|
|
|
|
|
755 |
Period of limitation
|
View Judgements
|
|
|
|
756 |
Application to the trial Judge for a certificate
|
View Judgements
|
|
|
|
757 |
Appeals to be filed with the Prothonotary and Senior Master
|
View Judgements
|
|
|
|
758 |
Memorandum of Appeal
|
View Judgements
|
|
|
|
759 |
Procedure on presentation of appeal
|
View Judgements
|
|
|
|
760 |
Admission of appeals
|
View Judgements
|
|
|
|
761 |
Application for bail in appeals
|
View Judgements
|
|
|
|
762 |
Application for notes of evidence
|
View Judgements
|
|
|
|
763 |
Paper books to be prepared by appellant and to be typed or cyclostyled
|
View Judgements
|
|
|
|
764 |
Paper books to be typed or cyclostyled on durable foolscap paper
|
View Judgements
|
|
|
|
|
|
765 |
Style and size of appeal paper book when printed
|
View Judgements
|
|
|
|
766 |
Contents of Paper Book
|
View Judgements
|
|
|
|
767 |
Filing of Paper Book
|
View Judgements
|
|
|
|
768 |
Hearing of appeals
|
View Judgements
|
|
|
|
769 |
Procedure in default of filing of paper books
|
View Judgements
|
|
|
|
770 |
Section 5, Limitation Act, applicable
|
View Judgements
|
|
|
|
771 |
Code of Civil Procedure, High Court Original Side Rules and Code of Criminal Procedure to apply
|
View Judgements
|
|
|
|
|
CHAPTER XLI : RULES UNDER THE ARBITRAION ACT, 1940 (ACT No. 10 OF 1940)
|
View Judgements
|
|
|
|
772 |
Title of application
|
View Judgements
|
|
|
|
773 |
Mode of application
|
View Judgements
|
|
|
|
|
|
774 |
Contents of petition
|
View Judgements
|
|
|
|
775 |
Fees of the arbitrator and umpire
|
View Judgements
|
|
|
|
776 |
Notice of filing application to persons likely to be affected
|
View Judgements
|
|
|
|
777 |
Processes to be issued on application by arbitrator or umpire
|
View Judgements
|
|
|
|
778 |
Application to be accompanied by copy of arbitration agreement
|
View Judgements
|
|
|
|
779 |
Special Case
|
View Judgements
|
|
|
|
780 |
Form of the Special case
|
View Judgements
|
|
|
|
781 |
Notice
|
View Judgements
|
|
|
|
782 |
Copy of the Court’s order and judgment to be forwarded
|
View Judgements
|
|
|
|
783 |
Issue of notice of application under section 20
|
View Judgements
|
|
|
|
|
|
784 |
Filing of Award
|
View Judgements
|
|
|
|
785 |
Arbitrator or Umpire to make affidavit
|
View Judgements
|
|
|
|
786 |
Notice of filing award
|
View Judgements
|
|
|
|
787 |
Passing of Judgment and Decree on Award
|
View Judgements
|
|
|
|
788 |
[Deleted].
|
View Judgements
|
|
|
|
789 |
Code of Civil Procedure and High Court Original Side Rules
|
View Judgements
|
|
|
|
|
CHAPTER XLII: RULES UNDER THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937 (ACT No. 6 OF 1937)
|
View Judgements
|
|
|
|
790 |
Title of application etc.
|
View Judgements
|
|
|
|
791 |
Mode of application
|
View Judgements
|
|
|
|
792 |
Contents of petition
|
View Judgements
|
|
|
|
|
|
793 |
Stay of proceedings under section 3 of the Act
|
View Judgements
|
|
|
|
794 |
Enforcement of foreign award. Documents to be produced with petition
|
View Judgements
|
|
|
|
795 |
Procedure to be followed in case of non-production of documents with petition
|
View Judgements
|
|
|
|
796 |
Code of Civil Procedure and High Court Original Side Rules to apply
|
View Judgements
|
|
|
|
|
CHAPTER XLIII : RULES UNDER THE FOREIGN AWARDS (RECOGNITION AND ENFORCEMENT) ACT, 1961 (ACT No. 45 of 1961)
|
View Judgements
|
|
|
|
797 |
Title of applications etc
|
View Judgements
|
|
|
|
798 |
Mode of application
|
View Judgements
|
|
|
|
799 |
Contents of petition
|
View Judgements
|
|
|
|
800 |
Stay of proceedings under section 3 of the Act
|
View Judgements
|
|
|
|
801 |
Enforcement of foreign award. Documents to be produced with petition
|
View Judgements
|
|
|
|
|
|
802 |
Procedure to be followed in case of non-production of documents with petition
|
View Judgements
|
|
|
|
803 |
Code of Civil Procedure and High Court Original Side Rules to apply
|
View Judgements
|
|
|
|
|
CHAPTER XLIII-A : RULE RELATING TO ARBITRATIO AND CONCILIATION ACT, 1996
|
View Judgements
|
|
|
|
803 - A |
Title of application
|
View Judgements
|
|
|
|
803 - B |
Mode of application
|
View Judgements
|
|
|
|
803 - C |
Contents of Petition
|
View Judgements
|
|
|
|
803 - D |
Fees of the Arbitrator
|
View Judgements
|
|
|
|
803 - E |
Notice of filling Application to persons likely to be affected
|
View Judgements
|
|
|
|
803 - F |
Processes to be issued on Application by Arbitrator or a party
|
View Judgements
|
|
|
|
|
CHAPTER XLIV : RULES UNDER THE INDIAN DIVORCE ACT, 1869 (ACT No. 4 OF 1869)
|
View Judgements
|
|
|
|
|
|
804 |
Contents of petition and prayer
|
View Judgements
|
|
|
|
805 |
Marriage certificate to be annexed to petition
|
View Judgements
|
|
|
|
806 |
Verification of petition
|
View Judgements
|
|
|
|
807 |
Co-respondent in husband’s petition
|
View Judgements
|
|
|
|
808 |
Intervener in wife’s petition
|
View Judgements
|
|
|
|
809 |
Notice to appear and answer
|
View Judgements
|
|
|
|
810 |
Service of petition and notice
|
View Judgements
|
|
|
|
811 |
Answer to the petition
|
View Judgements
|
|
|
|
812 |
Answer to be verified and to be served on parties concerned
|
View Judgements
|
|
|
|
813 |
Suit may be stayed or proceeded with
|
View Judgements
|
|
|
|
|
|
814 |
Service of decree nisi for dissolution of marriage
|
View Judgements
|
|
|
|
815 |
Service of decree containing collateral matters
|
View Judgements
|
|
|
|
816 |
Service of decree for judicial separation or restitution of conjugal rights.
|
View Judgements
|
|
|
|
817 |
How cause shown after decree nisi
|
View Judgements
|
|
|
|
818 |
Affidavits in reply and rejoinder
|
View Judgements
|
|
|
|
819 |
Decree absolute when to be made
|
View Judgements
|
|
|
|
820 |
Application for decree absolute haw made
|
View Judgements
|
|
|
|
821 |
Decree absolute, appearance not necessary
|
View Judgements
|
|
|
|
822 |
Application for alimony, custody and maintenance of children
|
View Judgements
|
|
|
|
823 |
Provision for wife’s costs
|
View Judgements
|
|
|
|
|
|
|
CHAPTER XLV : RULE UNDER THE TRADE AND MERCHANDISE MARKS ACT, 1958 (ACT No. 43 OF 1958)
|
View Judgements
|
|
|
|
824 |
Definitions
|
View Judgements
|
|
|
|
825 |
Title of applications and appeals
|
View Judgements
|
|
|
|
826 |
Mode of application
|
View Judgements
|
|
|
|
827 |
Disposal by Judge in Chambers
|
View Judgements
|
|
|
|
828 |
Service on Registrar
|
View Judgements
|
|
|
|
829 |
Record of the case in Appeal
|
View Judgements
|
|
|
|
830 |
Reference under section 107(2)
|
View Judgements
|
|
|
|
831 |
Appeals under sections 108(3) and 109(5) of the Act
|
View Judgements
|
|
|
|
832 |
Procedure for withdrawal of application under section 109(7)
|
View Judgements
|
|
|
|
|
|
833 |
Notice. How to be given
|
View Judgements
|
|
|
|
834 |
Copy of judgment and order to be sent to the Registrar
|
View Judgements
|
|
|
|
835 |
Code of Civil Procedure and High Court Original side Rules to apply
|
View Judgements
|
|
|
|
|
CHAPTER XLVI : RULES UNDER THE INSURANCE ACT, 1938 (ACT No. 4 OF 1938)
|
View Judgements
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|
836 |
Applications and appeals
|
View Judgements
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|
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|
837 |
Mode of application
|
View Judgements
|
|
|
|
838 |
Disposal of petition
|
View Judgements
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|
|
|
839 |
Application under section 47
|
View Judgements
|
|
|
|
840 |
Costs
|
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|
|
|
841 |
No payment into Court without leave, where action is pending
|
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|
|
|
|
|
|
842 |
Notice of payment into Court
|
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|
|
|
|
843 |
Procedure regarding disposal of claim
|
View Judgements
|
|
|
|
844 |
Insurer not to be served, unless costs asked against him
|
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|
|
|
|
CHAPTER XLVII : RULES UNDER THE TRANSFER OF PROPERTY ACT, 1882 (ACT No. 4 OF 1882)
|
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|
845 |
Application under section 83 of the Transfer of property Act
|
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|
|
|
|
846 |
Payment into Court of costs and expenses under section 83, or any subsequent section
|
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|
|
|
|
847 |
Order for payment of money into Court under section 83
|
View Judgements
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|
|
|
848 |
Notice under section 83 to be served by the Prothonotary and Senior Master
|
View Judgements
|
|
|
|
849 |
Notice of payment under Order 34 of Code of Civil Procedure to be given by the person making such payment
|
View Judgements
|
|
|
|
850 |
Application by mortgagee
|
View Judgements
|
|
|
|
|
|
851 |
Every application by a mortgagee to withdraw moneys deposited in Court shall be made by petition and shall be presented to the Judge in Chambers. Notice of the petition shall be given by the mortgagee to the person by whom the moneys were deposited, unless the Judge in Chambers thinks fit to dispense with such notice.
|
View Judgements
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|
852 |
Every application by a mortgagee to withdraw moneys deposited in Court shall be made by petition and shall be presented to the Judge in Chambers. Notice of the petition shall be given by the mortgagee to the person by whom the moneys were deposited, unless the Judge in Chambers thinks fit to dispense with such notice.
|
View Judgements
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|
|
853 |
Every application by a mortgagee to withdraw moneys deposited in Court shall be made by petition and shall be presented to the Judge in Chambers. Notice of the petition shall be given by the mortgagee to the person by whom the moneys were deposited, unless the Judge in Chambers thinks fit to dispense with such notice.
|
View Judgements
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|
|
854 |
Certificate of Sale and Conveyance
|
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|
|
|
|
855 |
Enforcement of Order under this Chapter
|
View Judgements
|
|
|
|
856 |
Rules relating to sales by Commissioner to apply to sales under the Code of Civil Procedure
|
View Judgements
|
|
|
|
|
CHAPTER XLVIII : RULE UNDER THE INDIAN TRUSTS ACT, 1882 (ACT No. 2 OF 1882)
|
View Judgements
|
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|
|
857 |
Investment of Trust moneys
|
View Judgements
|
|
|
|
|
CHAPTER XLIX : RULES UNDER THE POWERS OF ATTORNEY ACT, 1882 (ACT No. 7 OF 1882)
|
View Judgements
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|
|
|
858 |
Presentation of petition of the Prothonotary and Senior Master
|
View Judgements
|
|
|
|
|
|
859 |
Execution of power of attorney to be verified
|
View Judgements
|
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|
|
860 |
Receipt to be given on power of attorney being deposited
|
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|
|
|
|
861 |
Payment of fees for inspection or certified copies of the instrument so deposited
|
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|
|
|
|
|
CHAPTER L : RULES RELATING TO CASE UNDER THE CHARTERED ACCOUNTANTS ACT, 1949 (ACT No. 37 OF 1949)
|
View Judgements
|
|
|
|
862 |
Case under section 21 of the Act to be filed in Prothonotary’s Office
|
View Judgements
|
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|
|
863 |
Appeal or revision application under section 22-A of the Act to be by petition
|
View Judgements
|
|
|
|
864 |
Appeal or revision application to be filed in Prothonotary’s office
|
View Judgements
|
|
|
|
865 |
In a reference under section 21 of the Act, Council to forward paper to the Court
|
View Judgements
|
|
|
|
866 |
Fixing date of hearing and issue of notice
|
View Judgements
|
|
|
|
867 |
Service of notices
|
View Judgements
|
|
|
|
|
|
868 |
In appeal or revision application under section 22-A of the Act, Council to forward all papers to this court on being served with notice
|
View Judgements
|
|
|
|
869 |
Cases to heard by a bench of two Judges
|
View Judgements
|
|
|
|
870 |
Copy of final order to be sent to Council
|
View Judgements
|
|
|
|
|
CHAPTER LI : REVIEW
|
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|
|
|
|
871 |
Memorandum of Review
|
View Judgements
|
|
|
|
872 |
Copy of decree or order need not accompany memorandum of review
|
View Judgements
|
|
|
|
873 |
Contents of such memorandum
|
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|
|
|
|
873 - A |
Certificate of Advocate for ground of review
|
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|
|
|
|
874 |
Filing of such memorandum and motion
|
View Judgements
|
|
|
|
875 |
Procedure when Judge has ceased to be the Judge of that Court or sits at particular Bench
|
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|
|
|
|
|
|
|
CHAPTER LII : APPEALS
|
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|
|
876 |
Appellate Court
|
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|
|
|
|
877 |
Memorandum of Appeal
|
View Judgements
|
|
|
|
878 |
Copy of decree or order need not accompany Memorandum of appeal
|
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|
|
|
|
879 |
Court may dismiss appeal without notice to respondent
|
View Judgements
|
|
|
|
880 |
Deleted
|
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|
|
|
|
881 |
Prothonotary and Senior Master to accept memorandum
|
View Judgements
|
|
|
|
882 |
Endorsement of rejection
|
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|
|
|
|
883 |
Application for acceptance of rejected memorandum
|
View Judgements
|
|
|
|
884 |
Deleted.
|
View Judgements
|
|
|
|
|
|
885 |
Application for leave to appeal as an indigent person
|
View Judgements
|
|
|
|
886 |
Acceptance of petition subject to inquiry in respect of indigent person
|
View Judgements
|
|
|
|
887 |
Appeal to be placed for dismissal on failure to serve notice of appeal
|
View Judgements
|
|
|
|
888 |
Application for notes of evidence
|
View Judgements
|
|
|
|
889 |
Appellant to lodge index of the appeal paper book
|
View Judgements
|
|
|
|
890 |
Settlement of index
|
View Judgements
|
|
|
|
891 |
Party aggrieved may apply to Judge
|
View Judgements
|
|
|
|
892 |
Contents of appeal paper book where appeal is from a decree
|
View Judgements
|
|
|
|
893 |
Contents of appeal paper book in other cases
|
View Judgements
|
|
|
|
894 |
Number of documents of similar nature
|
View Judgements
|
|
|
|
|
|
895 |
Appeal paper book
|
View Judgements
|
|
|
|
896 |
Style and size of appeal paper book when typed or cyclostyled
|
View Judgements
|
|
|
|
897 |
Style and size of appeal paper book when printed
|
View Judgements
|
|
|
|
898 |
English translation
|
View Judgements
|
|
|
|
899 |
Maximum printing charge for twelve copies
|
View Judgements
|
|
|
|
900 |
Charges to be allowed for more than twelve copies
|
View Judgements
|
|
|
|
901 |
Delivery of appeal paper books to respondent on payment of proportionate charges
|
View Judgements
|
|
|
|
902 |
Time for filing appeal paper books
|
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|
|
|
|
903 |
Omission to file appeal paper books
|
View Judgements
|
|
|
|
904 |
Interlocutory applications in appeals
|
View Judgements
|
|
|
|
|
|
905 |
Application for a Bench when Appellate Court not sitting
|
View Judgements
|
|
|
|
906 |
Rules 153 and 163 applicable to appeals
|
View Judgements
|
|
|
|
907 |
When cross-objection under Order XLI, Rule 22 of C. P. Code may be treated as a cross appeal
|
View Judgements
|
|
|
|
908 |
Time for filing cross-objections under Order XLI, Rule 26 of C.P. Code
|
View Judgements
|
|
|
|
909 |
Payment of amount deposited for costs of appeal
|
View Judgements
|
|
|
|
|
CHAPTER LIII : APPEALS TO THE SUPREME COURT
|
View Judgements
|
|
|
|
910 |
Application for certificate for an appeal to the Supreme Court
|
View Judgements
|
|
|
|
911 |
Particulars in petition
|
View Judgements
|
|
|
|
912 |
Addresses of parties
|
View Judgements
|
|
|
|
913 |
Notice to issue
|
View Judgements
|
|
|
|
|
|
914 |
Hearing of petition
|
View Judgements
|
|
|
|
915 |
Service of notice and copy of petition of appeal
|
View Judgements
|
|
|
|
916 |
Transmission of original record to the Supreme Court
|
View Judgements
|
|
|
|
917 |
Deposit for transmission of record
|
View Judgements
|
|
|
|
918 |
Failure to deposit amount for transmission of record
|
View Judgements
|
|
|
|
919 |
Translation by whom to be made
|
View Judgements
|
|
|
|
920 |
Practice as to matters concerning appeal paper books and translation of documents
|
View Judgements
|
|
|
|
921 |
Preparation and printing of appeal paper books in Bombay
|
View Judgements
|
|
|
|
922 |
Service on Advocate sufficient
|
View Judgements
|
|
|
|
923 |
Applicability of rules to appeals by special leave
|
View Judgements
|
|
|
|
|
|
|
CHAPTER LIII-A : TRANSFER OF CASES UNDER ARTICLE 139-A OF THE CONSTITUTION
|
View Judgements
|
|
|
|
923 - A |
Supreme Court to be informed stage of the pending case
|
View Judgements
|
|
|
|
923 - B |
Service of notice on the Respondent
|
View Judgements
|
|
|
|
923 - C |
Transmission of record and proceedings
|
View Judgements
|
|
|
|
923 - D |
Printed copies of paper books to be sent
|
View Judgements
|
|
|
|
923 - E |
Provisions contained in Chapter LIII to apply to applications under this chapter
|
View Judgements
|
|
|
|
923 - F |
On transmission of printed record, Office to give notice to the parties concerned
|
View Judgements
|
|
|
|
|
CHAPTER LIV : AUDIT OF ACCOUNTS
|
View Judgements
|
|
|
|
924 |
Audit of accounts of Court Receiver, the Offices of Prothonotary and Senior Master, etc.
|
View Judgements
|
|
|
|
925 |
Audits to be half yearly. Report to Chief Justice
|
View Judgements
|
|
|
|
|
|
926 |
In case of difference matter to be decided by Chief Justice or Judge appointed by Chief Justice
|
View Judgements
|
|
|
|
|
PART III : ADMIRALTY JURISDICTION RULES FOR REGULATING THE PROCEDURE AND PRACTICE IN CASES BROUGHT BEFORE THE HIGH COURT UNDER THE COLONIAL COURTS OF ADMIRALTY ACT, 1890 (53-54 VICTORIA CH.27)
|
View Judgements
|
|
|
|
927 |
Definitions
|
View Judgements
|
|
|
|
928 |
Institution of Suits
|
View Judgements
|
|
|
|
929 |
Caveat against arrest of property
|
View Judgements
|
|
|
|
930 |
Caveat against release of arrested property
|
View Judgements
|
|
|
|
931 |
Caveat against payment out of sale proceeds of property
|
View Judgements
|
|
|
|
932 |
Duration of Cavea
|
View Judgements
|
|
|
|
933 |
Withdrawal of Caveat
|
View Judgements
|
|
|
|
934 |
Application to set aside a Caveat
|
View Judgements
|
|
|
|
|
|
935 |
Copy of plaint in suit against property to be served, before filing plaint, on party who has entered Caveat
|
View Judgements
|
|
|
|
936 |
Party entering Caveat to give security on filing of plaint
|
View Judgements
|
|
|
|
937 |
On default suit may proceed ex-parte
|
View Judgements
|
|
|
|
938 |
Judgment or the claim and enforcement of payment
|
View Judgements
|
|
|
|
939 |
Property may be arrested notwithstanding Caveat
|
View Judgements
|
|
|
|
940 |
Remedy where property protected by Caveat is arrested without good and sufficient cause
|
View Judgements
|
|
|
|
941 |
Application to arrest property in a suit in rem
|
View Judgements
|
|
|
|
942 |
Nationality of the ship to be stated and notice to be given to Consul in suits for possession, wages or necessaries
|
View Judgements
|
|
|
|
943 |
Warrant with Court’s leave though particulars wanting
|
View Judgements
|
|
|
|
944 |
Sheriff to serve process
|
View Judgements
|
|
|
|
|
|
945 |
Service of writ or warrant, when dispensed with in suit in rem
|
View Judgements
|
|
|
|
946 |
Service of Writ of Summons or warrants of arrest in a suit in rem
|
View Judgements
|
|
|
|
947 |
Sheriff may apply for directions
|
View Judgements
|
|
|
|
948 |
Application for sale of arrested property
|
View Judgements
|
|
|
|
949 |
Interveners
|
View Judgements
|
|
|
|
950 |
Judgment for the plaintiff if claim well founded
|
View Judgements
|
|
|
|
951 |
Order for sale of property and determination of priority of claims
|
View Judgements
|
|
|
|
952 |
Property not to be released unless notice is given to the Caveator
|
View Judgements
|
|
|
|
953 |
Penalty for delaying release
|
View Judgements
|
|
|
|
954 |
Release of arrested property
|
View Judgements
|
|
|
|
|
|
955 |
Instrument of release
|
View Judgements
|
|
|
|
956 |
Release by Sheriff on lodging preceipe with release
|
View Judgements
|
|
|
|
957 |
Sales by order of the Court
|
View Judgements
|
|
|
|
958 |
Procedure by Sheriff on sale of property
|
View Judgements
|
|
|
|
959 |
Appearance before Taxing Master
|
View Judgements
|
|
|
|
960 |
Payment of moneys
|
View Judgements
|
|
|
|
961 |
Payment of money out of court
|
View Judgements
|
|
|
|
962 |
Security for latent demands
|
View Judgements
|
|
|
|
963 |
Security
|
View Judgements
|
|
|
|
964 |
Motions
|
View Judgements
|
|
|
|
|
|
965 |
Fees of Officers, Sheriff and Advocates
|
View Judgements
|
|
|
|
966 |
Rules and practice of the O. S. to apply, if not inconsistent with the rules in this part
|
View Judgements
|
|
|
|
967 |
Forms of Admiralty Division may be followed
|
View Judgements
|
|
|
|
968 |
Supersession of rules
|
View Judgements
|
|
|
|
|
PART IV : CRIMINAL JURISDICITON CONSTITUTION OF COURT AND SITTINGS
|
View Judgements
|
|
|
|
969 |
Jurisdiction to be exercised by a single Judge
|
View Judgements
|
|
|
|
970 |
Appellate side to hear applications under E.O.C.J
|
View Judgements
|
|
|
|
971 |
Sitting of criminal sessions
|
View Judgements
|
|
|
|
972 |
Clerk of the State to issue summonses and processes
|
View Judgements
|
|
|
|
973 |
Witnesses residing beyond certain limits not to be summoned
|
View Judgements
|
|
|
|
|
|
974 |
Service on Consuls and Consular Officers
|
View Judgements
|
|
|
|
975 |
Attendance of witnesses under recognizances and beyond jurisdiction
|
View Judgements
|
|
|
|
976 |
Mode of recording evidence
|
View Judgements
|
|
|
|
977 |
Classification of habitual criminal by the presiding Judge
|
View Judgements
|
|
|
|
978 |
Action to be taken if the misconduct of the police comes to the notice of the Presiding Judge
|
View Judgements
|
|
|
|
979 |
Bail application to whom to be made
|
View Judgements
|
|
|
|
980 |
Application for bail of prisoner committed to Sessions
|
View Judgements
|
|
|
|
981 |
Clerk of the State to write to Magistrate to produce depositions
|
View Judgements
|
|
|
|
982 |
On Public Prosecutor consenting order on shorter notice
|
View Judgements
|
|
|
|
983 |
Amount of bail and number of sureties
|
View Judgements
|
|
|
|
|
|
984 |
Prisoner may be released on entering recognizances
|
View Judgements
|
|
|
|
|
PART V : MISCELLANEOUS
|
View Judgements
|
|
|
|
985 |
Definitions
|
View Judgements
|
|
|
|
986 |
[986. Rejection of plaint, memo of appeal, execution application and applications and petition of original nature for non-removal of office objections.
|
View Judgements
|
|
|
|
986 - A |
Application for winding up under Companies Act, 1956 in respect of certain areas of the State of Maharashtra
|
View Judgements
|
|
|
|
987 |
General Clauses Act, 1897 and section 2, Code of Civil Procedure, to apply
|
View Judgements
|
|
|
|
987 - A |
Rules relating to Trade and Merchandise Act, 1958 to apply to this petition under the Patent Act, 1970
|
View Judgements
|
|
|
|
988 |
In cases not provided for, present practice to be followed
|
View Judgements
|
|
|
|
989 |
Forms to be used
|
View Judgements
|
|
|
|
990 |
Short title, date of commencement and applicability
|
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|
|
|
|
|
|
991 |
Repeal
|
View Judgements
|
|
|
|
|
CHAPTER LV : RULES RELATING TO REFERENCES AND APPLICATIONS UNDER SECTION 130 OF THE CUSTOMS ACT, 1962 (ACT 130 OF 1962)
|
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|
|
|
|
992 |
References to be sent to the Prothonotary and Senior Master
|
View Judgements
|
|
|
|
993 |
Notice of reference to party at whose instance the reference is made
|
View Judgements
|
|
|
|
994 |
Filing statement of case issuing notice and fixing date for the hearing
|
View Judgements
|
|
|
|
995 |
Preparation of Paper Book
|
View Judgements
|
|
|
|
996 |
Failure to file Paper Books
|
View Judgements
|
|
|
|
997 |
Application under section 130 (3)
|
View Judgements
|
|
|
|
998 |
Placing of application before the Court
|
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|
|
|
|
999 |
Service of rule nisi
|
View Judgements
|
|
|
|
|
|
1000 |
Time for furnishing copies of application
|
View Judgements
|
|
|
|
1001 |
Answer to rule nisi
|
View Judgements
|
|
|
|
1002 |
A copy of the Court’s Order and Judgment to be sent to the Appellate Tribunal
|
View Judgements
|
|
|
|
1003 |
References and applications to be heard by a bench
|
View Judgements
|
|
|
|
|
CHAPTER LVI : RULES RELATING TO REFERENCES AND APPLICATIONS UNDER SECTION 35 OF THE CENTRAL EXCISES AND SALT ACT, 1944 (ACT 35 OF 1944)
|
View Judgements
|
|
|
|
1004 |
References to be sent to the Prothonotary and Senior Master at Bombay, Additional Registrar at Nagpur and Aruangabad and Sepcial Officer at Panji, Goa.
|
View Judgements
|
|
|
|
1005 |
Notice of reference to party at whose instance the reference is made
|
View Judgements
|
|
|
|
1006 |
Filing Statement of case, issuing notice and fixing date for the hearing
|
View Judgements
|
|
|
|
1007 |
Preparation of Paper Book
|
View Judgements
|
|
|
|
1008 |
Failure to the Paper Book
|
View Judgements
|
|
|
|
|
|
1009 |
Application under section 35(3)
|
View Judgements
|
|
|
|
10010 |
Placing of application before the Court
|
View Judgements
|
|
|
|
1011 |
Service of rule nisi
|
View Judgements
|
|
|
|
1012 |
Time for furnishing copies of application
|
View Judgements
|
|
|
|
1013 |
Answer to rule nisi
|
View Judgements
|
|
|
|
1014 |
A copy of the Court’s Order and Judgment to be sent to the Appellate Tribunal
|
View Judgements
|
|
|
|
1015 |
References and Applications to be heard by a bench
|
View Judgements
|
|
|
|
|
CHAPTER LVII : RULES RELATING TO REFERENCES AND APPLICATIONS UNDER SECTION 82 OF THE GOLD (CONTROL) ACT, 1968 (ACT 82 OF 1968)
|
View Judgements
|
|
|
|
1016 |
References to be sent to the Prothonotary and Senior Master
|
View Judgements
|
|
|
|
1017 |
Notice of reference to Party at whose instance the reference is made
|
View Judgements
|
|
|
|
|
|
1018 |
Filing Statement of Case, issuing notice and fixing date for the hearing
|
View Judgements
|
|
|
|
1019 |
Preparation of Paper Book
|
View Judgements
|
|
|
|
1020 |
Failure to file Paper Book
|
View Judgements
|
|
|
|
1021 |
Application under section 82(3)
|
View Judgements
|
|
|
|
1022 |
Placing of application before the Court
|
View Judgements
|
|
|
|
1023 |
Service of rule nisi
|
View Judgements
|
|
|
|
1024 |
Time for furnishing copies of application
|
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1025 |
Answer to rule nisi
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1026 |
A copy of the court’s Order and Judgment to be sent to the Appellate Tribunal
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1027 |
References and applications to be heard by a bench
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(1 )[CHAPTER LVIII : RULES TO REGULATE PROCEEDINGS FOR CONTEMPT UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA AND THE CONTEMPT OF COURTS ACT, 1971
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1028 |
Title
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1029 |
Commencement
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1030 |
Definition
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[PART LIX :Rules relating to cases under the Companies Secretaries Act, 1980 (Act No. 56 of 1980)
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1054 |
Case under Section 21 of the Act to be filed in Prothonotary’s Office
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1055 |
Appeal or Revision Application under section 30 of the Act to be by Petition
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1056 |
Appeal or Revision Application to be filed in Prothonotary’s Office
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1057 |
In a Reference under section 21 of the Act, Council to forward papers to the Court
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1058 |
Fixing date of hearing and issue of Notice
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1059 |
Service of notices
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1060 |
In Appeal or Revision Application under section 30 of the Act, Council to forward all papers to this Court on being served with Notice
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1061 |
Cases to be heard by a Bench of two Judges
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1062 |
Copy of final Order to be sent to Council
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