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Code of Civil Procedure 1908. THIRD SCHEDULE: Execution of Decrees by Collectors- Repealed by the Code of Civil Procedure (Amendment) Act, 1956]. Act Info: Preamble 1 - THE CODE OF CIVIL PROCEDURE, 1908. Section 1 - Short title, commencement and extent. Section 2 - Definitions.
Civil Procedure Code, 1908 An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature Citation Enacted by Date enacted 21st march 1908 Date commenced 1 January 1909 Civil Procedure Code, 1882 The Code of Civil Procedure, 1908 is a related to the administration of civil proceedings in. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules. The sections provide provisions related to general principles of jurisdiction whereas the Orders and Rules prescribe procedures and method that govern civil proceedings in India.
Contents • • • • • • History [ ] To give uniformity to, Legislative Council of India, enacted Code of Civil Procedure, 1858, which received the assent of on 23 March 1859. The Code however, not applicable to Supreme Court in the and to the Presidency Small Cause Courts. But it did not meet the challenges and was replaced by Code of Civil Procedure Code, 1877. But still it did not fulfil the requirements of time and large amendments were introduced.
In 1882, the Code of Civil Procedure, 1882 was introduced. With passing of time it is felt that the Code needs some flexibility to breathe the air of speed and effectiveness. To meet these problems Code of Civil Procedure, 1908 was enacted. Though it has been amended number of time it stood the test of time. Amendment [ ] The Code of Civil Procedure has been substantially amended in the year 2002.
The main purpose of the Amendment to the code was ensure speedy disposal of governed under the Act. CPC (Amendment)Act 2015 [ ] keeping in view the establishment of Commercial Court and the provisions thereof, CPC (Amendment)Act, 2016 has been enacted to amend certain provisions of the CPC. These provisions are applicable to Commercial disputes of specified value.
The act clarifies that the provisions of the CPC as amended by the Act would have an overriding effect over any rules of the or of the amendments made by the State Government concerned. The Code of Civil Procedure, 1908 was further amended in the year 2018 See also [ ] • • References [ ].
The law can be broadly classified as – • Substantive Law, and • Procedural Law. The Substantive Law, whether it is based on statute law or common law, defines what facts are constituting a fact or liability.[1] To say, in other words, the Substantive law defines various principles regarding the rights and liabilities. (Example: The Indian Penal Code, 1860 which describes various offenses punishable under Criminal acts). On the contrary, the Procedural law or adjective law, on the other hand, prescribes the procedure and machinery for the enforcement of those rights and liabilities. To say, in other words, the procedural law is concerned with enforcement of those rights and liabilities determined in accordance with the rules of the substantive law.[2] (Example: The Code of Civil Procedure 1908, The Code of Criminal Procedure, 1973 etc). The Law regulating the procedure to be followed in civil court is governed by the Civil Procedure Code and this Civil Procedure Code is one of the most important branches of the procedural law.
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As we all know, “ Ignorance of law is not a defense” and every Indian should know the laws of this nation. The following are 10 important things every Indian should know about Civil Procedure Code 1908. • Civil Procedure Code: Historical Background Till 1859, in India, there was no uniform codified law for the procedures to be followed in Civil Courts. In those old days, under the British rule, there were Crown Courts in Presidency towns and Provincial Courts in Mofussils. • These Courts in Mofussil areas and Presidency towns were governed by different systems of Civil procedure through various rules, regulations and special acts and those were changed on time to time basis on the basis of circumstances and needs.[3] • For the first time in 1859, a uniform civil procedure Code was introduced by passing the Civil Procedure Code (Act VII of 1859).