Law and Morality

Ritesh Kumar

INTRODUCTION

Morality is an internal force. Morality appeals to the conscience, while law acts externally through sanctions.[1] A morality is a system of principles and values concerning people’s behaviour, which is generally accepted by a society or by a particular group of people.[2] Morality speaks of a system of behavior in regards to standards of right or wrong behavior. The word carries the concepts of:

·         Moral standards, with regard to behavior;

·         Moral responsibility, referring to our conscience; and

·         A moral identity or one who is capable of right or wrong action. Common synonyms include ethics, principles, virtue, and goodness. Morality has become a complicated issue in the multi-cultural world we live in today. Let’s explore what morality is, how it affects our behavior, our conscience, our society, and our ultimate destiny.[3]

However, for the proper understanding of the concept of morality, it is necessary to discuss its relationship with law and its difference with law.

RELATION BETWEEN LAW AND MORALITY

Law and morality are intimately related to each other. Laws are generally based on the moral principles of society. Both regulate the conduct of the individual in society. They influence each other to a great extent. Laws, to be effective, must represent the moral ideas of the people. But good laws sometimes serve to rouse the moral conscience of the people and create and maintain such conditions as may encourage the growth of morality.[4]

C.K. Allen make following observation on relationship between law and morality: “Our Judges have always kept their fingers delicately but firmly upon the pulse of the accepted morality of the day. H.L.A. Hart says that there are many different types of relations between law and morals and there is nothing which can profitably be singled out for study as the relation between them. Instead it is important to distinguish some of the many different things which may be meant by the assertion or denial that law and morals are related.[5]

Roscoe pound stated that there are four stages in the development of law with respect to morality[6]:-

·         The first stage is the pre-legal stage in which law and morals were the same thing. They were the two faces of the same coin.

·         The second stage is that of strict law, codified or crystallized which in time is outstripped by morality and has not sufficient power of growth to keep abreast.

·         The third stage is that of infusion of morality into the law and reshaping it by morals. In that stage, both the ideas of equity and natural law are potential agencies of growth.

·         The final stage is that of conscious constructive law-making, the maturity of law, in which morals and morality are for the law-maker and that law alone is for the judge.

However, the relation between law and morality (morals) can be understood by dividing it into three parts:-

·         Morals as the basis of law.

·         Morals as the test of law.

·         Morals as the end of law.

Morals as the basis of law:- As regards morals as the basis of law, there was no distinction between law and morals in the early stages of society. All the rules originated from the common source and the sanction behind them was of the same nature which was mostly in the nature of supernatural fear.[7] Though law and morality are not the same and many things may be immoral which are not illegal, yet the absolute divorce of law from morality would result in fatal consequences.[8]

Morals as the test of law[9]:- In the 17th and 18th centuries, when the natural law theory was as its peak, it was contended that law must conform to natural law. According to them, any law which does not conform to natural law is to be disobeyed and the government which makes such law should be overthrown. But in modern times, this view that law must conform to morals and if it not in conformity with the morals it is not valid and binding, does not hold good.

Morals as the end of law:- Morals have been often considered to be the end of law. Law is defined in terms of “justice” by many jurists. According to them, the aim of law is to secure justice which is very much based upon morals.[10]

DISTINCTION BETWEEN LAW AND MORALITY

There is a distinction between law and morals. Vinogradoff writes: “Law is clearly distinguishable from morality.[11] Arndts writes that there are four points of difference between law and morals:-[12]

·         In law, man is considered as a person because he has a free will. In morals, we have to do with determining the will towards the good.

·         Law considers man only insofar as he lives in community with others; morals give a guide to lead him even if he were alone.

·         Law has to do with acts insofar as they operate externally, morals look to the intention-the inner determination and direction of the will.

·         Law governs the will so far as it may by external coercion; morals seek a free self-determination towards the good.

However distinction between law and morality should be noted in the following points:-[13]

·         Laws regulate external human conduct whereas morality mainly regulates internal conduct.

·         Laws are universal; morality is variable.

·          Laws are definite and precise while morality is variable.

·         Laws are upheld by the coercive power of the state; morality simply enjoys the support of public opinion or individual conscience.

·         Laws are studied under Jurisprudence but morality is studied under Ethics.

 

 

[1] Dr. Avtar Singh and Dr. Harpreet  Kaur, Introduction to Jurisprudence 141 (LexisNexis, Haryana, 4th ed., 2013).
[2] Definition of Morality, available at https://www.collinsdictionary.com/dictionary/english/morality, (Visited on April 19, 2018).
[3] Available at https://www.allaboutphilosophy.org/morality.htm, (Visited on April 19, 2018).
[4] Ankita, “Relation between Law and Morality or ethics”, Preserve Articles, available at http://www.preservearticles.com/201106248502/relation-between-law-and-morality-or-ethics.html, (Visited on April 20, 2018).
[5] Dr. V.D. Mahajan, Jurisprudence and Legal Theory 90 (Eastern Book Company, 5th ed., Reprint, 2014).
[6] Ibid. p. 91.
[7] Ibid. p.91.
[8] Ibid. p. 92.
[9] Dr. Avtar Singh and Dr. Harpreet  Kaur, Introduction to Jurisprudence 148 (LexisNexis, Haryana, 4th ed., 2013).
[10] Ibid. p. 148.
[11] Dr. V.D. Mahajan, Jurisprudence and Legal Theory 86 (Eastern Book Company, 5th ed., Reprint, 2014).
[12] Ibid. pp. 86-87.
[13] Distinction between Law and Morality, available at http://www.preservearticles.com/201106248502/relation-between-law-and-morality-or-ethics.html, (Visited on April 21, 2018).

 

Format of Affidavit For Allotment of Flat

Format of Affidavit For Allotment of Flat

affidavitI  Sh./Smt. _________ Son/Daughter/Wife of _________ Resident of _________ do hereby solemnly affirm and declare as under:

1.    That I am resident of _________, _________ and presently residing at _________.
2.    That my present age is _________ years.
3.    That neither I nor my spouse nor any of my deponent children/ relations (including unmarried children) is a member of any other co-operative housing society functioning in _________ or _________.
4.    That neither or nor my spouse nor any deponent relations (including unmarried children) has owned either in full or part on leasehold or free hold any plot of land or house in _________ or _________.
5.    That neither I nor my spouse is a member of _________ which own either in full or part on lease or free hold basis any plot of land or a house in _________ of _________.
6.    That I do not deal with the purchase or sale of immovable property neither as principal nor as agent in the _________.
7.    That I will inform within one month the said society as well as the _________, _________, if any plot of land or house is acquired by me or my wife/any of my deponent relations (including unmarried children).

DEPONENT

VERIFICATION:

I, the above said deponent do hereby solemnly affirm and declare that the contents of the above pares are correct and true to best of my knowledge and belief and nothing has been concealed or suppressed.

Verified at _________ on this _________ day of _________.

DEPONENT

Suit For Damages Compensation Format

Suit For Damages Compensation Format
Suit For Damages Compensation Format

___________ ____________ VERSUS M/S ___________ & OTHERS

SUIT FOR DAMAGES/COMPENSATION OF RS. _______/-

APPLICATION UNDER ORDER __ RULE _ READ WITH SECTION ___ OF CPC FOR PERMISSION TO INSTITTUE THIS SUIT AS FORMA PAUPERIS/INDIGENT PERSON AND SUIT FOR RECOVERY OF DAMAGES OF RS. _______/-

RESPECTFULLY SHOWETH:

1- That the applicant /plaintiffs having no means and individual /independent source of income. They are not possessed of sufficient means (other than property exempted from the attachment in execution of the decree and the subject matter of the suit) , to enable them to pay the advalorem court fee payable on the amount of Rs. _______/- on the plaint i.e. Rs. ______________.

2- That on _______ _______ deceased who was assigned fieldwork in M/s ___________, at ___________, ___________ went to ____ for the work of the company on his vehcle no. _____________. The deceased was coming back to ___________ after finishing the work at about _____ when the deceased reached just ahead of __________ there was wind and rain. Suddenly a hoarding board on which __________ was written which was installed above both the sides of the road had broken and fell down upon the deceased and his ___________. Due to which _______ and ___________ were pressed under the hoarding board. Consequently _______ sustained injuries on his head and abdomen. Vehicle of _______ was also damaged. One person of _______ namely _______ was coming behind him, who lifted/supported _______ and admitted him in ______________, ___________, where the _________ dated _______ was prepared by the concerned Doctor. The Doctor conducted the operation of abdomen of _______. The deceased became very serious and was referred _____________, ________ but the condition of the deceased was not improved there hence he was admitted in ____________ on ________. The deceased _______ sustained the said injuries due to the fall of the hoarding board after broken the same. The said accident has been caused due to the negligence of the defendant No.2 (Mr. ___________ Proprietor/GM/M.D. of _________ of the hoarding board) who is the agent /contractor of defendant No.1 by installing the same above middle of the road. On _________ was expired during the treatment at _________, _____–. That upon the statement of Shri ________ FIRNO. ____ dated _________ under section ________ IPC was registered in P.S. __________, ___________. The defendant No.2 had not properly installed the said hoarding board and due to negligence of the defendant NO.2, the said accident had taken place. The post mortem of the deceased was conducted by the Medical Officer of ___________, ___________ vide PMR No. ________ dated ________–. the plaintiffs have spent an amount of approximately Rs. ___________/- on the treatment of the deceased.

3- That the ___________ of the deceased _______ was also damaged in the said accident, which was financed and the deceased paid Rs. ___________/- as down payment at the time of purchasing of the said ___________, paid insurance charge about Rs. _____/-, Rs. ________/- as registration. That due to the death of ____ of the plaintiffs the installments were not paid and the possession of the ___________ was taken by the financer and the plaintiffs have suffered a loss of Rs. _______/- as damages of the ___________ due to the said accident.

4- That due to the negligence of the respondents the plaintiffs have lost their earning member of the family and now there is no earning member in the family of the plaintiffs and they lost their liquidity and are not possessed a sufficient means other than exemption from the attachment in execution of a decree and subject matter of the suit to enable them to pay the court fees prescribed by the law amounting to Rs. __________, the plaintiffs due to the death of the earning member of the family have come at the point of starvation.

5- That the plaintiffs do not own any moveable or immoveable property belonging to the plaintiffs except within the Schedule __ enclosed hereto showing the estimated value thereby which has been signed and verified by the plaintiffs.
6- That the plaintiffs are indigent persons and have not within the two months next before the presentation of the petition disposed off any property fraudulently or to be able to apply for the permission to sue as an indigent person.

7- That the plaintiffs never owned any property, which could enable them to pay the prescribed court fees.
8- That the plaintiffs have not entered into any agreement with reference to the subject matter of the proposed suit which in person has not obtained the interest in such subject matter and the suit of the plaintiffs which is legal and maintainable.

9- That the plaintiffs have not done act of omission which has incapacitated them to pay the court fees and on the other hand it is because of the respondents as due to the negligence of the respondent earning member of the family of the plaintiffs has been expired and the plaintiffs have no assets moveable or immovable to pay the court fees as such are to be declared as indigent persons incapable of paying the court fees.

PRAYER

It is, therefore, prayed that the plaintiffs may kindly be declared as indigent persons the suit of the plaintiffs may kindly be registered and the plaintiffs may kindly be exempted from paying the court fees of Rs. _________ or any other sum which is payable on the plaint for the recovery of Rs. _______/- of damages against the respondents.
Dated Plaintiffs –Plaintiffs (in person)

Through counsel
__________ Advocate, ___________

VERIFICATION

Verified that the contents of our above application are true and correct to the best of our knowledge and belief and nothing has been concealed therein. Verified at ___________

Plaintiffs –Applicants

Inherent Power of Civil Court-a Hand Maid of Justice!

Prof. Dr. Annam Subrahmanyam, and (Dr.) Mohan Rao B.,

 

The Code of Civil Procedure, 1908 (CPC) consolidated and amended the laws relating to the procedure of the Courts of Civil Judicature in India. All the rules of procedure are the handmaids of justice. The language employed by the draftsman of processual law may be liberal or stringent, but the fact remains that the object of prescribing the procedure is to advance the cause of justice. In an adversarial system, no party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Unless compelled by express and specific language of the statute, the provisions of CPC or any other procedural enactment ought not to be construed in a manner which would leave the court helpless to meet extraordinary situations in the ends of justice. Justice is the goal of jurisprudence, processual, as much as substantive.

 

The Concept of inherent power vested in the Courts under Section 151 CPC is a hand maid to meet the ends of justice.

 

Inherent power

The expression ‘inherent’ means inbuilt, embedded, implicit or implied. The expression ‘inherent’ contemplates something latent though not directly expressed. Inherent powers are powers, which are resident in all Courts. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.

The civil courts have inherent power to do all that is necessary to meet the ends of justice. Therefore, it is a common practice for the clients to add a sweeping prayer in any petition ‘to pass such other orders necessary and expedient for the Court to meet the ends of justice’ besides praying for something expressly sought’. Almost all the petitions contain such an expression in view of the inherent power granted under Section 151 of the CPC.

 

Section 151 CPC

 

Section 151 of the CPC reads:

“Nothing in this Code shall be deemed to limit or otherwise affect the inherent powers of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court “.

Section 151 deals with saving of inherent powers of the Court and provides that nothing in Civil Procedure Code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

Section 151 delineates that the inherent power of the Court. It enables the Court to make orders necessary i) for the ends of justice or ii) to Prevent of abuse of process of the Court and iii) there is no limitation on such inherent power under the Code. But, Section 151 of the Code has not created any new power but has preserved the power to act in the ends of justice and to prevent abuse of the processes of the court, which the courts had been exercising from before.

 

Judicial Interpretations

Very wide power of necessity- In Gokul Mandar v. Pudmanand Singh, it was observed that the inherent power has been preserved in order to enable the courts to deal with matters and situations which are not covered by any specific provision of the Code. It was neither practicable nor desirable to define the limits or to enumerate the circumstances in which this power can be exercised. As, however, the power is, of necessity, very wide, the courts have to be very cautious and vigilant in exercising it. It may also be safely laid down that the Court has no inherent power to override express provisions of the Code.

 

Alternative for ‘No other remedy’– Further, in the absence of some special circumstances which amount to abuse of the process of the Court, it cannot grant a relief in exercise of its inherent power when the ends of justice can be served by another remedy provided by the Code which is available to the party concerned. The mere fact that the procedure for following the other remedy is longer or more costly will not entitle the Court to disregard this rule because its order will not be necessary either in the ends of justice or to prevent abuse of the processes of the court.

 

To Advance Interests of Justice– Section 151 C.P.C. can always be exercised to advance interests of justice and the technicalities will have no place in such matters. In M/s. Ram Chand & Sons Sugar Mills Pvt. Ltd. Barabanki (U.P.) v. Kanhayalal Bhargava, the appellant contended that during the pendency of the first suit, certain subsequent events had taken place which made the first suit infructuous and in law the said suit could not be kept pending and continued solely for the purpose of continuing an interim order made in the said suit. While examining the question the Supreme Court was to consider whether the court can take cognizance of a subsequent event to decide whether the pending suit should be disposed of or kept alive. The question arose was whether, a defendant could make an application under Section 151 CPC for dismissing the pending suit on the ground the said suit had lost its cause of action. The Court answered it affirmative.

 

Continuation of Infructuous Suit Amounts to Abuse of the Process of the Court -The Apex Court opined that continuation of a suit which had become infructuous by disappearance of the cause of action would amount to an abuse of the process of the court and interest of justice requires such suit should be disposed of as having become infructuous. The application under Section 151 of CPC in this regard was held maintainable. It was also held that there was nothing in Order XXXIX of the Code which expressly or by necessary implication precluded the exercise of inherent power of Court under Section 151 CPC. Accordingly, it was open for the Court to pass a suitable consequential order under Section 151 CPC as may be necessary for ends of justice or to prevent the abuse of process of Court.

 

Not to Nullify or By Pass any Provisions of the Code – Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal indicates the wide scope of Section 151 CPC where as per the majority view, in the facts and circumstances of the case, it was open to pass an injunction order under Section 151 CPC where it may not be in conflict with any provision of Order XXXIX of the Code or other provision of law. It has been held that inherent jurisdiction of the Court to make orders ex debito justitiae is undoubtedly affirmed by Section 151 CPC, but that jurisdiction cannot be exercised so as to nullify the provisions of the Code, where the Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive. It was held that Section 10 CPC had no application and consequently, it was not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

 

Complementary to Powers Expressly Conferred– The Supreme Court after considering its various previous judgments on the scope of Section 151 CPC, held: “The inherent power of a court is in addition to and complementary to the powers expressly conferred under the Code. But that power will not be exercised if its exercise is inconsistent with, or comes into conflict with, any of the powers expressly or by necessary implication conferred by the other provisions of the Code. If there are express provisions exhaustively covering a particular topic, they give rise to a necessary implication that no power shall be exercised in respect of the said topic otherwise than in the manner prescribed by the said provisions. Whatever limitations are imposed by construction on the provisions of S.151 of the Code, they do not control the undoubted power of the Court conferred under Section 151 of the Code to make a suitable order to prevent the abuse of the process of the court.”

 

It was clarified that if there is no specific provision which prohibits the grant of relief sought in an application filed under Section 151 of the Code, the courts have all the necessary powers under Section 151 CPC to make a suitable order to prevent the abuse of the process of court. Pertinently, the Supreme court observed that the court exercising the power under section 151 CPC, has to consider first whether exercise of such power is expressly prohibited by any other provisions of the Code and if there is no such prohibition, then the Court will consider whether such power should be exercised or not on the basis of facts mentioned in the application.

 

Consolidation of Suits to Avoid Duplication – In Chitivalasa Jute Mills vs Jaypee Rewa Cement, the cause of action alleged in the two plaints referred to the same period and the same transactions, i.e., the supply of jute bags between the period 07.01.1992 and 31.12.1993. What is the cause of action alleged by one party as foundation for the relief prayed for and the decree sought for in one case is the ground of defense in the other case. The issues arising for decision would be substantially common. Almost the same set of oral and documentary evidence would be needed to be adduced for the purpose of determining the issues of facts and law arising for decision in the two suits before two different courts. Thus, there will be duplication of recording of evidence if separate trials are held. The two courts would be writing two judgments. The possibility that the two courts may record finding inconsistent with each other and conflicting decrees may come to be passed cannot be ruled out.

 

It was observed by the Apex Court that the CPC does not specifically speak of consolidation of suits but the same can be done under the inherent powers of the Court flowing from Section 151 of the CPC. Unless specifically prohibited, the Civil Court has inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. In the instant case, consolidation of suits was ordered for meeting the ends of justice as it would save the parties from multiplicity of proceedings, delay and expenses. Accordingly, complete or even substantial and sufficient similarity of the issues arising for decision in two suits would enable the two suits to be consolidated for trial and decision. The parties are relieved of the need of adducing the same or similar documentary and oral evidence twice over in the two suits at two different trials. The evidence having been recorded, common arguments need be addressed followed by one common judgment. However, as the suits are two, the Court may, based on the common judgment, draw two different decrees or one common decree to be placed on the record of the two suits. This is how the Trial Court at Visakhapatnam shall proceed consequent upon this order of transfer of suit from Rewa to the Court at Visakhapatnam.

 

Recall Judgment /Order Obtained by Fraud– In Indian Bank v. Satyam Fibres (India) Pvt. Ltd. , the Supreme Court after referring to Lazarus Estates observed that since fraud affects the solemnity, regularity and orderliness of the proceedings of the Court, it also amounts to an abuse of the process of the Court. It was also held that the Courts have inherent power to set aside an order obtained, by practicing fraud upon the Court, and that where the Court was misled by a party or the Court itself commits a mistake which prejudices a party, the Court has the inherent power to recall its order. The Court held:

 

“The judiciary in India also possesses inherent power, specially under Section 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.”

 

No Business to Collect Evidence (Documents/Books) Forcibly -In Supreme Court Bar Association & … v. B.D. Kaushik Section 151 deals with saving of inherent powers of the Court and provides that nothing in the CPC shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court. A party has full rights over its books of account. The Court has no inherent power forcibly to seize its property. If it does so, it invades the private rights of the party. Specific procedure is laid down in the Code for getting the relevant documents or books in Court for the purpose of using them as evidence. A party is free to produce such documents or books in support of its case as be relevant. A party can ask the help of the Court to have produced in Court by the other party such documents as it would like to be used in evidence and are admitted by that party to be in its possession. If a party does not produce the documents it is lawfully called upon to produce, the Court has the power to penalize it, in accordance with the provisions of the Code. The Court has the further power to draw any presumption against such a party who does not produce the relevant document in its possession, especially after it has been summoned from it. Even in such cases where the Court summons a document from a party, the Court has not been given any power to get hold of the document forcibly from the possession of the defaulting party.

 

The Apex Court held that the defendants had no rights to these account books. They could not lay any claim to them. They applied for the seizure of these books because they apprehended that the plaintiff might make such entries in those account books which could go against the case they were setting up in Court. The defendants’ request really amounted to the Court’s collecting documentary evidence which the defendants considered to be in their favour at that point of time. It is no business of the Court to collect evidence for a party or even to protect the rival party from the evil consequences of making forged entries in those ac. count books. If the plaintiff does forge entries and uses forged entries as evidence in the case, the defendants would have ample opportunity to dispute those entries and to prove them forgeries.

 

Not Powers over the Substantive Rights – Thus, the inherent powers saved by s. 151 of the Code are with respect to the procedure to be followed by the Court in deciding the cause before it. These powers are not powers over the substantive rights which any litigant possesses. Specific powers have to be conferred on the Courts for passing such orders which would affect such rights of a party. Such powers cannot come within the scope of inherent powers of the Court in the matters of procedure, which powers have their source in the Court possessing all the essential powers to regulate its practice and procedure.

 

In Ram Chand and Sons Sugar Mills v. Kanhayalal the Supreme Court held that the Court would not exercise the inherent power under S.151 CPC if it was inconsistent with the powers expressly or impliedly conferred by other provisions of Code. It had opined that the Court had an undoubted power to make a suitable order to prevent the abuse of the process of the Court.

 

In Union of India v. Ram Charan & Ors., the issue was what would be the period of limitation for making an application for setting aside the abatement. It was held that the limitation for application to set aside abatement should start from the date of death and not from the date of appellant’s knowledge of death. The said application was filed by the appellant to bring legal representatives of the respondent on record. It was further held that there is a specific provision under Order 22 Rule 9 of the CPC and recourse cannot be had to Section 151 of the Code of Civil Procedure. It was held that the Court cannot invoke its inherent powers under Section 151 of the Code of Civil Procedure for the purpose of impleading legal representatives of the deceased respondent if the suit had abated on account of the appellant for not taking appropriate steps within time.

 

The Apex Court in M/s Jaipur Mineral Development Syndicate v. The Commissioner of I.T, has categorically maintained that the Courts had power under Section 151, in the absence of any express or implied prohibition, to pass an order as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.

 

Restoration of Money Suit – The earliest decision of this Court dealing with the aforesaid question of law is the case of Bahadur Pradhani v. Gopal Patel. In that case the plaint in a Money Suit was rejected for non-payment of deficit court fee within the time granted by the court. The plaintiff filed a petition under Section 151, C.P.C. for restoration of the suit in the ends of justice. The court allowed the petition and the suit was restored to file. Against the said order a revision was carried up to this court. This Court examined the scope of the inherent powers of the Court saved by Section 151 of the Code and expressed that the provisions of the Code do not control the inherent powers of the court by limiting it or otherwise affecting it. It is a power inherent in the court by virtue of its duties to do justice between the parties before it.

 

When there is no scope for getting any relief -It was further explained in Manoharlal v. Seth Hiralal that the provisions of the Code are not exhaustive as the legislature is incapable of contemplating all possible circumstances which may arise in future litigation. The Lordship while dealing with the applicability of Section 151 of the Code observed that although the order rejecting the plaint was a decree and was appealable, there was hardly any scope for getting any relief in the appeal, as the sufficient cause to be established for setting aside the order rejecting the plaint and for restoration of the suit can be brought to the notice of the trial court more appropriately and more effectively (by invoking the inherent power) and, therefore, Section 151 of the Code could be made applicable for providing the remedy in such a situation.

 

 

 

 

Summarized Scope of Section 151

 

In the very recent verdict Justice R.V. Raveendran, in K.K. Velusamy v. N. Palaanisamy the Apex Court opined that Section 151 of the Code recognizes the discretionary power inherent in every court as a necessary corollary for rendering justice in accordance with law, to do what is ‘right’ and undo what is ‘wrong’, that is to do all things necessary to secure the ends of justice and prevent abuse of its process. The Court summarized the scope of Section 151 of the CPC as follows:

 

(a) Not a substantive provision – Section 151 is not a substantive provision which creates or confers any power or jurisdiction on courts. It merely recognizes the discretionary power inherent in every court as a necessary corollary for rendering justice in accordance with law, to do what is `right’ and undo what is `wrong’, that is, to do all things necessary to secure the ends of justice and prevent abuse of its process.

 

(b) co-extensive with circumstances -As the provisions of the Code are not exhaustive, section 151 recognizes and confirms that if the Code does not expressly or impliedly cover any particular procedural aspect, the inherent power can be used to deal with such situation or aspect, if the ends of justice warrant it. The breadth of such power is co-extensive with the need to exercise such power on the facts and circumstances.

 

(c) Not to act inconsistent with the Code/Law- A Court has no power to do that which is prohibited by law or the Code, by purported exercise of its inherent powers. If the Code contains provisions dealing with a particular topic or aspect, and such provisions either expressly or necessary implication exhaust the scope of the power of the court or the jurisdiction that may exercised in relation to that matter, the inherent power cannot be invoked in order to cut across the powers conferred by the Code or a manner inconsistent with such provisions. In other words the court cannot make use of the special provisions of Section 151 of the Code, where the remedy or procedure is provided in the Code.

 

(d) complementary power – The inherent powers of the court being complementary to the powers specifically conferred, a court is free to exercise them for the purposes mentioned in Section 151 of the Code when the matter is not covered by any specific provision in the Code and the exercise of those powers would not in any way be in conflict with what has been expressly provided in the Code or be against the intention of the Legislature.

 

(e) Not a carte blanche- While exercising the inherent power, the court will be doubly cautious, as there is no legislative guidance to deal with the procedural situation and the exercise of power depends upon the discretion and wisdom of the court, and the facts and circumstances of the case. The absence of an express provision in the code and the recognition and saving of the inherent power of a court, should not however be treated as a carte blanche to grant any relief.

 

(f) Out of absolute necessity – The power under section 151 will have to be used with circumspection and care, only where it is absolutely necessary, when there is no provision in the Code governing the matter, when the bona fides of the applicant cannot be doubted, when such exercise is to meet the ends of justice and to prevent abuse of process of court.

 

The Court in the instant case finally ruled that in the interests of justice and to prevent abuse of the process of court, the trial court ought to have considered whether it was necessary to re-open the evidence and if so, in what manner and to what extent further evidence should be permitted in exercise of its power under section 151 of the Code. The court ought to have also considered whether it should straightway recall the witnesses and permit the appellant to confront the said recorded evidence to the said witnesses or whether it should first receive such evidence by requiring its proof of its authenticity and only then permit it to be confronted to the witnesses (PW1 and PW2).

 

Conclusion:

 

From the above analysis it may be understood that Section 151 CPC is not a substantive provision. Section 151 CPC is also not an independent provision. In the matters with which the CPC does not deal with, the Court will exercise its inherent power to meet the ends of justice utilizing the hand maid residuary power of the Court. It confers very wide power out of absolute necessity. It is not a carte blanche, but a complementary power. It is a provision supplementary to all the other provisions in the Code. It is an enabling provision but not to act inconsistent with the code/law. It can be utilized even when there is no scope for getting any relief to meet the ends of justice. There could be a recall judgment /order obtained by fraud. Stoppage of continuation of infructuous suit and consolidation of suits to avoid duplication are inter alia made possible to prevent the abuse of the process of the court. It is not meant to nullify or by pass any provisions of the Code.It can never be utilized contrary to the specific provisions of law.

 

Expediency suggests including a routine prayer before the Courts that the Court may be pleased to pass any order expedient/deems fit in view of the inherent power granted under Section 151. As was rightly pointed out in Rajendra Prasad Gupta v. Prakash Chandra Mishra & Ors,. if there are specific provisions of the CPC dealing with the particular issue and they expressly or by necessary implication exhaust the scope of the powers of the Court or the jurisdiction that may be exercised in relation to a matter, the inherent powers of the Court cannot be invoked. The Kolkata High Court opined that ‘Inherent power of the Court must be exercised sparingly in exceptional cases for securing the ends of justice and not in a routine manner.’

 

The provision has frequently been misunderstood and various applications before the civil Courts are made under this section which does not properly fall within its purview. The two phrases used in Section 151 of the CPC viz., ‘the ends of justice’ ‘abuse of the process of the Court’ must have not been defined in the CPC. However, the Principles which regulate the exercise of inherent powers by a Court have been highlighted in many cases particularly, the recent leading decision in K.K. Velusamy v. N. Palaanisamy. The courts have been cautiously and diligently utilizing the inherent power as a hand maid of justice.

Economy and Biodiversity and Law

Paramita Bhattacharyya

Man has always been fascinated by the diversity of life .Now a days “globalization” has become another sight of fascination of man. All over the world of globalization has been accepted as new global economic policy for the world economic progress in order to bring the spectacular success in most of the countries (developing and developed countries) over the world. Globalization not only heightens the environmental risk for the present and future human generation but it has also deteriorating effect towards the “biodiversity” . So because of rapid exploitation of various species population, Trading with endangered species and expansion of industries, “Biodiversity ” becomes new international buzz word but it has not attracted as much attention as global Warming” or “ozone depletion”, and “climate change”

The biotic environment is made with biotic components ie all living beings including their reactions , interactions and inter-related actions . Bio diversity entails all forms of biological entities inhabiting in earth including prokaryotes and eukaryotes , plants animals, wild plants and wild animals , microorganisms and even genetic materials like seeds and germplasm Biodiversity exists at 3 different levels-

(i) Species diversity – Variety of living organism on earth

(ii) Genetic diversity-variation in genes with a particular species

(iii) Eco-system diversity- Varity of habitats

India is a tropical country with a tremendous heterogeneity of environment, ranging from tropical rain forest of Andaman and Arunachal Pradesh to hot desserts of Rajasthan and cold desert of Ladakh . . The total plant species in India are 45584, and total number of species of animals are 49778 . So India has a rich biological wealth

After 1991 India has accepted the global economic trend, It has liberalized its economic policy. India is a developing 3rd world country having very poor resource management system. So because of rapid industrialization, globalization not only the environmental hazards has been occurring in India but also outside India. Without any assessment giant industries are growing on and they are polluting the environment totally and destroying the bio diversity of India. We can give few examples of destruction of bio diversity-the excavation of mineral reserves in bauxite

And coalmine areas in Madhya Pradesh bring in its wake large scale destruction of forest and destruction of ecological balance, there is great decline of boi diversity and rare flora and fauna in Punchmari hill area, air quality and thermal environmental changes in various industrial zone, beside this we can give example of “Narmada Bachao Andolan”. Though urbanization gives shelter to the people and develops world economy and provides an important roles in countries economic development, their disturbing climate, creating substantial source of pollution and destroying the bio diversity.

Ecosystem – Communities of plants and animals, together with the physical characteristics of their environment (e.g. geology, soil and climate) interlink together as an ecological system, or ‘ecosystem’. Ecosystem diversity is more difficult to measure because there are rarely clear boundaries between different ecosystems and they grade into one another. However, if consistent criteria are chosen to define the limits of an ecosystem, then their number and distribution can also be measured.

Estimates of global species diversity vary enormously because it is so difficult to guess how many species there may be in less well explored habitats such as untouched rain forest. Rain forest areas which have been sampled have shown such amazing biodiversity (nineteen trees sampled in Panama were found to contain 1,200 different beetle species alone!) that the mind boggles over how many species there might remain to be discovered in unexplored rain forest areas and microhabitats.

Global species estimates range from 2 million to 100 million species. Ten million is probably nearer the mark. Only 1.4 million species have been named. Of these, approximately 250,000 are plants and 750,000 are insects. New species are continually being discovered every year. The number of species present in little-known ecosystems such as the soil beneath our feet and the deep sea can only be guessed at. It has been estimated that the deep sea floor may contain as many as a million un described new species. To put it simply, we really have absolutely no idea how many species there are!

Losses of Bio diversity

The loss of species in tropical ecosystems such as the rain forests, is extremely well-publicised and of great concern. However, equally worrying is the loss of habitat and species closer to home in Britain. This is arguably on a comparable scale, given the much smaller area involved.

Predictions and estimates of future species losses abound. One such estimate calculates that a quarter of all species on earth are likely to be extinct, or on the way to extinction within 30 years. Another predicts that within 100 years, three quarters of all species will either be extinct, or in populations so small that they can be described as “the living dead”.

It must be emphasised that these are only predictions. Most predictions are based on computer models and as such, need to be taken with a very generous pinch of salt. For a start, we really have no idea how many species there are on which to base our initial premise. There are also so many variables involved that it is almost impossible to predict what will happen with any degree of accuracy. Some species actually benefit from human activities, while many others are adversely affected. Nevertheless, it is indisputable that if the human population continues to soar, then the ever increasing competition with wildlife for space and resources will ensure that habitats and their constituent species will lose out.

It is difficult to appreciate the scale of human population increases over the last two centuries. Despite the horrendous combined mortality rates of two World Wars, Hitler, Stalin, major flu pandemics and Aids, there has been no dampening effect on rising population levels. In 1950, the world population was 2.4 billion. Just over 50 years later, the world population has almost tripled, reaching 6.5 billion.

In the UK alone, the population increases by the equivalent of a new city every year. Corresponding demands for a higher standard of living for all, further exacerbates the problem. It has been estimated that if everyone in the world lived at the UK standard of living (and why should people elsewhere be denied this right) then we would either need another three worlds to supply the necessary resources or alternatively, would need to reduce the world population to 2 billion.

The only possible conclusion is that unless human populations are substantially reduced, it is inevitable that biodiversity will suffer further major losses.

Law Act for the Bio Diversity.

1. (1) This Act may be called the Biological Diversity Act, 2002.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. In this Act, unless the context otherwise requires:-

(a) “benefit claimers” means the conservers of biological resources, their by products, creators and holders of knowledge and information relating to the use of such biological resources, innovations and practices associated with such use and application;

(b) “biological diversity” means the variability among living organisms from all sources and the ecological complexes of which they are part and includes diversity within species or between species and of eco-systems;

(c) “biological resources” means plants, animals and micro-organisms or parts thereof, their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material;

(d) “bio-survey and bio-utilisation” means survey or collection of species, sub-species, genes, components and extracts of biological resource for any purpose and includes characterization, inventorisation and bioassay;

(e) “Chairperson” means the Chairperson of the national Biodiversity Authority or, as the case may be, of the State Biodiversity Board;

(f) “commercial utilization” means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping;

(g) “fair and equitable sharing” means sharing of benefits as determined by the National Biodiversity Authority under section 21;

(h) “local bodies” means Panchayats and Municipalities, by whatever name called, within the meaning of clause (1) article 243B and clause (1) of article 243Q of the Constitution and in the absence of any Panchayats or Municipalities, institutions of self-government constituted under any other provision of the Constitution or any Central Act or State Act;

(i) “member” means a member of the National Biodiversity Authority or a State Biodiversity Board and includes the Chairperson;

(j) “National Biodiversity Authority” means the National Biodiversity Authority established under section 8;

(k) “prescribed” means prescribed by rules made under this Act;

(l) “regulations” means regulations made under this Act;

Conclusion

This Article accepts as a given that biological diversity is a desirable goal. This Article also accepts, and bypasses, the need for multiple approaches to diversity, including gap analysis, dispersion corridors, zoning restrictions, tax incentives, transferable development rights, acquisition programs

Top 10 Law Colleges in India

NLSIU, Bangalore

Located at Nagarbhavi in Bangalore, National Law School of India University offers undergraduate, postgraduate and research programs. Distance education is also provided here.

NALSAR University of Law, Hyderabad

One of the prestigious Law Schools in India, it also conducts exchange programs with renowned law institutes from across the world, apart from offering regular programs in law. The university campus is located 28 kilometers from Hyderabad city.

National Law Institute University (NLIU), Bhopal

You can study the 5 year B.A., LL.B program at NLIU, which began offering academic courses since 1998.

National Law University, Jodhpur

For admission to the undergraduate program in NLU, you need to take Common Law Admission Test (CLAT), whereas for applying for a postgraduate program, you can appear for the National Entrance Test (NET), which is organized by NLU.

Campus Law Centre, Delhi University

For studying in Campus Law Centre located in Chhatra Marg of North Campus, you have to appear in a Common Entrance Test.

NUJS, Kolkata

 The West Bengal National University of Juridical Sciences screens students applying to its courses by evaluating their performance in CLAT. It has undergraduate, postgraduate and fellow programs on offer. Symbiosis Society’s Law College, Pune- You can apply for the undergraduate, postgraduate or diploma program in this premier law school.

ILS Law College, Pune

 Besides the integrated 5 year program and a degree program, it also offers distance education and diplomas.

Government Law College, Mumbai

 Apart from 5 year and 3 year law programs, this Law School offers LL.M program and a PG Diploma program in Securities Law.

Amity Law School , Delhi

 Considered one of the top 10 law Schools in India, it admits students to LL.B(H) course on the basis of a Common Entrance Test, which is organized by Guru Gobind Singh Indraprastha University in Delhi.

BENGAL BONDED WAREHOUSE ASSOCIATION, 1854

An Act to amend Act No. V of 1838, relating to the Bengal Bonded
Warehouse Association.

Preamble.–WHEREAS the Bengal Bonded Warehouse Association are desirous that the provisions of Act No. V of 1838 should be amended, and it appears reasonable that such amendment should be made, it is enacted as follows:–

1. 

1. [Repeal of sections 12, 14, 32 and 37, Act V of 1838.] Rep. by the Repealing Act, 1870 (14 of 1870), s. 1 and Sch., Pt. II.

2.Management of business.

2. Management of business.–The business of the said Association shall be managed by six Directors, three of whom shall form a quorum.

3.Annual election of Directors.

3. Annual election of Directors.–The two Directors who are to go out of office by rotation in every year shall go out of office in the month of May, before the holding of the Ordinary General Meeting of
Proprietors directed to be holden in that month, and at such Ordinary
General Meeting two Directors shall be chosen, and the Directors so going out of office, or either of them, shall be capable of being re-
elected in the same year at such General Meeting.

4.Qualification of Directors.

4. Qualification of Directors.–No person shall be capable of being a Director of the said Association who shall not be a proprietor in his own right of five shares of the capital stock of the said
Association.

5.Ordinary General Meetings.

5. Ordinary General Meetings.–Ordinary General Meetings of the said proprietors shall be held at least twice in every year, that is to say, on the second Wednesday in the month of May, and the second
Wednesday in the month of November, and at every such Ordinary Meeting the Directors of the said Association shall present a report in writing of the state of the affairs of the said Association and a balance sheet; and such General Meeting may declare a dividend out of the profits of the said Association, provided that no dividend shall be made which shall diminish the capital of the said Association.

6.Bye-laws.

6. Bye-laws.–It shall be lawful for the said Association to make
Bye-laws for the regulation of its own proceedings, which Bye-laws shall be binding only on its own Members and Officers, provided that no such Bye-law shall be valid till it shall have been approved of by one Extraordinary General Meeting of proprietors especially convened for that purpose, provided also that no such Bye-law shall be valid till it shall have been confirmed by the *1[Central Government].

7.Dissolution of Corporation.

7. Dissolution of Corporation.–At any time after the 14th day of
March, 1860, it shall be lawful for the Central Government by an order in Council to direct that the said Association shall be dissolved at the expiration of five years from the date of such order and such order shall of itself have the effect of dissolving the said
Corporation at the expiration of the said space of five years, except for the purposes mentioned in section 39, Act No. V of 1838.———————————————————————-

DEHRADUN ACT NO. 21 OF 1871

An Act to give validity to the operation of the general
Regulations and Acts within the Dehra dun.

Preamble.

WHEREAS it is necessary to give validity to the operation of the general Regulations and Acts within the district under the
Superintendent of the Dehra Dun 1***; It is hereby enacted as follows:–

1.Extension of Regulations and Acts in force in Saharanpur to Dehra Dun.

1. Extension of Regulations and Acts in force in Saharanpur to
Dehra Dun. The Regulations and Acts now in force in the district
Saharanpur are hereby declared to extend to the said district of Dehra
Dun 2***.

2.Jurisdiction of High Court and Board of Revenue over Dehra Dun.

2. Jurisdiction of High Court and Board of Revenue over Dehra
Dun. The High Court and the Board of Revenue of 3*[Uttar Pradesh]
shall exercise 4*** respectively, in the said district, all the powers which the said High Court or Board of Revenue are at present, respectively, authorized to exercise in any part of 3*[Agra].

3.District Court of Saharanpur to be District Court of Dehra Dun.

3. District Court of Saharanpur to be District Court of Dehra
Dun. The District Court of Saharanpur shall be 5*** the District Court of such district until the State Government otherwise directs 6***.

4.Exemption of Jaunsar Bawar.

4. Exemption of Jaunsar Bawar. Nothing in this Act shall apply to that portion of the Dehra Dun district called 7*Jaunsar Bawar 8***.
———————————————————————
1. The words “and to indemnify all officers and other persons who have acted in the said district under the said Regulations and Acts”
rep. by Act 16 of 1874.2. The words “and no judgment heretofore given, order passed or proceeding had in the said district, shall be deemed to have been or to be invalid merely because any Regulation or Act, under or in reference to which such judgment, order or proceeding was given, passed or had, was not in force at the time of such judgment, order or proceeding, or on the ground of a defect of jurisdiction in any Court or office “rep. by Act 12 of 1891.3. Subs. by the O. 1950, for “the North-Western Provinces”.
4. The words and shall be deemed to have been heretofore authorized to exercise” rep., ibid.
5. The words “deemed to have been heretofore the District Court of the said district of Dehra Dun and” rep., ibid.
6. The words “and may subject to the provisions of Act 6 of 1971, hear appeals from decisions given in the said district before the passing of this Act” rep. by Act 12 of 1891.7. “jaunsari Bawar” was one of the Scheduled Districts of the State of Uttar Pradesh, see the Scheduled Districts Act, 1874 (14 of 1874), First Schedule, Pt. IV, but has ceased to be so under the Constitution of India.
8. The words “and referred to in s. 11 of Act 24 of 1864” rep. by
Act 12 of 1891

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

* * * * *
———————————————————————
1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

———————————————————————
1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

———————————————————————-
1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of
1912.———————————————————————-
 

Year : 1962

Act :

DEKKHAN AGRICULTURISTS RELIEF ACT, 1879.ACT NO. 17 OF 1879.[29th October, 1879.]Prea

An Act for the relief of Indebted Agriculturists in certain parts of the Dekkhan.

1.Short title, Commencement.

1. Short title, Commencement. This Act may be cited as the 1*
Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.

2*[This section and] sections 11, 56, 60 and 62 extend to 3*[the whole of India except 4*[the territories which, immediately before the
1st November, 1956, were comprised in Part B States]]. The rest of this Act 5* extends only to the districts of Poona, Satara, Sholapur and Ahmednagar 6*[but may, from time to time, be extended wholly or in part by the State Government 7*** to any other district or districts in the 8*[territories which, immediately before the 1st November,
1956, were comprised in the State of Bombay,]] 9*[or to any part or parts of any other such district or districts].

* * * * * *
———————————————————————
1 Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1882-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1882 (22 of
1882). The Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of
1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1895-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1895 (6 of
1895). The Acts of 1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1876 to 1902-
-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1902 (Bom. 1.of 1902).
2 Ins. by Act 23 of 1881, s. 3 (retrospectively).
3 Subs. by the A. O. 1950, for “all the Provinces of India”.
4 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.
5 The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtors Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended, Hence the part applicable to that
State only has not been reproduced.

6 Ins. by Act 23 of 1886, s. 3.7 The words “with the previous sanction of the G. G. in C.” rep. by
Act 38 of 1920, s. 2 and Sch. I.
8 Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of Bombay”.
9 Ins. by Act 6 of 1895, s. 4.16.11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside. Every suit of the description mentioned in section 3, clause (w) 1* may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the 2* Code of Civil Procedure.

* * * * *

56.Instruments executed by agriculturist not to be deemed valid unlessexecuted before a Village registrar.

56. Instruments executed by agriculturist not to be deemed valid unless executed before a Village registrar. No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a
Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
3*[or apply to any instrument which is executed by an agriculturist merely as a surety,] 4*[or to any instrument required by section 17 of the 5* Indian Registration Act, 1877 (3 of 1877.), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registrationunder
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877. Every instrument executed and registered in accordance with the foregoing provisions shall be deemed to have been duly registered under the provisions of the 5* Indian Registration Act, 1877 (3 of 1877.); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any
———————————————————————
1 Reproduced below:–

“(w) suits for the recovery of money alleged to be due to the plaintiff–
on account of money lent or advanced to, or paid for, the defendant, or as the price of goods sold, or on an account stated between the plaintiff and defendant, or on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

2 See now Act 5 of 1908.3 Ins. by Act 23 of 1881, s. 12.4 Ins. by Act 23 of 1886, s. 9.5 See now the Indian Registration Act, 1908 (16 of 1908).

17.officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of theGovernment is a party.

62. Exemption of instruments to which the Government or any officer of the Government is a party. Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 1*.

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1 The words “or any Society registered under the Co-operative
Credit Societies Act, 1904” ins. by Bom. Act 1 of 1910 were rep. by
Bom. Act 1 of 1912.1.Short title

1. Short title. Commencement.–This Act may be cited as the
1Dekkhan Agriculturists Relief Act, 1879: and it shall come into force on the first day of November, 1879.Local extent.- 2[This section and] sections 11, 56, 60 and 62.extend to 3[the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B
States)]. The rest of this Act extends only to the districts of
Poona, Satara, Sholapur and Ahmednagar 6[but may,from time to time be extended wholly or inpart by the State Government 7 * * * to any other district or districts in the 8[territories which, immediately before the 1st November, 1956, were comprised in the State of
Bombay,]] [or to any part or parts of any other such district or districts.]

* * * * * *

11.Agriculturists to be sued where they reside.

11. Agriculturists to be sued where they reside.-Every suit of the description mentioned in section 3, clause (w)10 may, if the defendant, or, when there are several defendants, one only of such defendants, is an agriculturist, be instituted and tried in a Court within the local limits of whose jurisdiction such defendant resides, and not elsewhere.

Every such suit in which there are several defendants who are agriculturists may be instituted and tried in a Court within the local limits of whose jurisdiction any one of such defendants resides, and not elsewhere.

Nothing herein contained shall affect sections 22 to 25 (both inclusive) of the “Code of Civil procedure.

* * * * * *

56.56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.

56.Instruments executed by agriculturist not to be deemed valid unless executed before a Village-registrar.-No instrument which purport to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease,and which is executed after this Act comes into force by an agriculturist residing in any local

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1.Acts 17 of 1879, 23 of 1881 and 22 of 1882 may be cited collectively as the Dekkhan Agriculturists, Relief Acts, 1879 to 1882-see s. 1 (1)
of the Dekkhan Agriculturists Relief Act, 1882 (22 of 1882). The
Acts of 1879 to 1882 and Act 23 of 1886 may be cited collectively as the Dekkhan Agriculturists Relief Acts, 1879 to 1886-see s. 1 (1) of the Dekkhan Agriculturists Relief Act, 1886 (23 of 1886). The Acts of 1879 to 1886 and Act 6 of 1895 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1879 to 1895-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1895 (6 of 1895). The Acts of
1879 to 1895 and Bom. Act 1 of 1902 may be cited collectively as the
Dekkhan Agriculturists Relief Acts, 1876 to 1902-see s. 1 (1) of the
Dekkhan Agriculturists Relief Act, 1902 (Bom. 1 of 1902).

2.Ins. by Act 23 of 1881, s. 3 (retrospectively).

3.Subs. by the A. O. 1950, for “all the Provinces of India”.

4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B
States”.

5. The Act was repealed in the State of Bombay with effect from the
27th May, 1950 by the Bombay Agricultural Debtor* Relief Act, 1947.(Bom. 28 of 1947), s. 56 as amended. Hence the Part applicable to that State only has not been reproduced.

6.Ins. by. Act 23 of 1886, s. 3.7.The words “with the previous sanction of the G.G. in C.” rep. by Act
38 of 1920, s. 2 and Sch. 1.8.Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “State of
Bombay”.

9.Ins. by Act 6 of 1895, s. 4.10.Reproduced below:-

“(w) suits for the recovery of money alleged to be due to the plaintiff-

on account of money lent or advanced to, or paid for, the defendant, or as the price of goods, sold

or

on an account stated between the plaintiff and defendant,or

on a written or unwritten engagement for the payment of money not hereinbefore provided for;”.

11.See now Act 5 of 1908.———————————————————————–

352.area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar:

Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding,
[or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by section 17 of the 3 Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.]

* * * * *

60.

Registration under this Act to be deemed equivalent to registration under
Indian Registration Act, 1877.60. Registration under this Act to be deemed equivalent to registration under Indian Registration Act, 1877.-Every instrument executed and registered in accordance with the foregoing- provisions shall be deemed to have been duly registered under the provisions of the Indian Registration Act , 1877 (3 of 1877 ); and no instrument which ought to have been executed before a Village-registrar but has been otherwise executed shall be registered by any officer acting under the said Act, or in any public office, or shall be authenticated by any public officer.

* * * * *

62.Exemption of instruments to which the Government or any officer of the
Government is a party.

62.Exemption of instruments to which the Government or any officer of the Government is a party.-Nothing in this Act shall be deemed to require any instrument, to which the Government or any officer of the Government in his official capacity is a party, to be executed before a Village-registrar 4.* * * * *

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1.Ins. by Act 23 of 1881, s. 12.2.Ins. by Act 23 a 1886, s. 9.3.See now the Indian Registration Act, 1908 (16 of 1908).

4. The words “or any Society registered under the Co-operative Credit
Societies Act, 1904” ins. by Bom. A 1910 were rep. by Bom. Act 1 of 1912

PROCEDURE OF THE HIGH COURT FOR UTTAR PRADESH, 1869

An Act further to amend the Procedure of the High Court of
Judicature for 1[Uttar Pradesh].

Preamble.-WHEREAS it is expedient to amend the procedure of the
High Court of Judicature for 2[Uttar Pradesh]; It is hereby enacted as follows:-

1.[Trial of Natives and European British subjects conjointly.]

1. [Trial of Natives and European British subjects conjointly.]
Rep. by the Advocate-Generals (Power;) Act, 1875 (10 of 1875).

2.[Record of evidence.]

2. [Record of evidence.] Rep., ibid.

3.Power to award costs on petitions, etc.

3. Power to award costs on petitions, etc.-Whenever any petition, application or motion is made in any matter coming before the said Court in the exercise of its civil 3* * * or other jurisdiction, the Court shall have power to award and apportion costs in any manner it may think fit.

4.Penalty for making false statements in support of petitions, etc.

4-4. Penalty for making false statements in support of petitions, etc.-Whenever the Court shall require the statements in support of any such petition, application or motion to be verified by a declaration in writing, the person making such verification shall, if any such statement is false, and if he either knows or believes it to be false, or does not believe it to be true, be deemed to have intentionally given false evidence in a stage of a judicial proceeding.

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1. Subs by the A.O. 1950 for the North Western Provinces.

2. Subs., ibid., for the North Western Provinces of Fort William”.

3 The word Criminal” is omitted as so much of s. 3 as relates to criminal jurisdiction was rep, by the High Courts Criminal Procedure
Act, 1875 (10 of 1875), s. 2.4. So much of s. 4 relates to criminal jurisdiction was rep., ibid.
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74.Procedure of the High Court for Uttar Pradesh

1.Trial of Natives and European British subjects conjointly.

1.[Trial of Natives and European British subjects conjointly.]
Rep. by the Advocate-Generals (Powers) Act, 1875 (10 of 1875).

2.Record of evidence.

2. [Record of evidence.] Rep. ibid.

3.Power to award costs on petitions, etc.

3.Power to award costs on petitions, etc. Whenever any petition, application or motion is made in any matter coming before the said
Court in the exercise of its civil 3* * * or other jurisdiction, the
Court shall have Dower to award and apportion costs in any manner it may think fit.

4.Penalty for making false statements in support of petitions, etc.

4 4.Penalty for making false statements in support of petitions, etc. Whenever the Court shall require the statements in support of any such petition, application or motion to be verified by a declaration in writing, the person making such verification shall, if any such statement is false, and if he either knows or believes it to be false, or does not believe it to be true, be deemed to have intentionally given false evidence in a stage of a judicial proceeding.

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1 Subs. by the A.O. 1950 for “the North Western Provinces”.

2 Subs., ibid., for “the North Western Provinces of the
Presidency of Fort William “.

3 The word ” Criminal ” is omitted as so much of s. 3 as relates to criminal jurisdiction was repealed by the High Courts Criminal
Procedure Act, 1875 (10 of 1875), s. 2.4 So much of s. 4 as relates to criminal jurisdiction was rep., ibid.
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