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THE OUDH LAWS ACT, 1876

Title : THE OUDH LAWS ACT, 1876

Year : 1876



CHAPTER III

PROCEDURE OF THE COURTS


16.Rule of limitation.


16. Rule of limitation. The Judicial Commissioners Circular No.
104 of July, 1860, shall be held to have been a notification within the meaning of section 24 of Act 14 of 1859, 1* and such Act shall be deemed to have been in force in Oudh from the fourth day of July,
1862; and all orders and decrees passed under the rules contained in the said Circular, or under the said Act, shall be deemed to have been passed under a law in force for the time being.

Nothing in his section affects the provisions of sections 102,
104, 105, 106, 107 and 108 of the Oudh Rent Act (XIX of 1868)2* with regard to the limitation of suits under that Act.


17.Act 32 of 1871, s. 28, to cease in any district from date ofnotification that it is no longer under settlement.


17. [Act 32 of 1871, s. 28 to cease in any district from date of notification that it is no longer under settlement.] [Act 32 of 1871, s. 28, to cease in any district from date of notification that it is no longer under settlement.] Rep. by the Repealing and Amending Act,
1891 (12 of 1891).


18.Recognized agents.


18. Recognized agents. [Recognized agents.] Rep., ibid.


19.Rules for taking evidence.


19. Rules for taking evidence. 3* Section 172 of Act No. 8 of
1859 is hereby repealed, so far as the province of Oudh is concerned, and the following section is substituted therefor:--

"On the day appointed for the hearing of the suit, or on some other day to which the hearing may be adjourned, the evidence of the
---------------------------------------------------------------------
1. See now the Limitation Act, 1908 (9 of 1908).
2. Act 19 of 1868 was rep. by the Oudh Rent Act, 1886 (22 of 1886), s. 2. Act 22 of 1886 has been rep. by the U. P. Tenancy Act, 1939 (U.
P. 17 of 1939).
3. See now ss. 181 to 190, both inclusive, of the Code of Civil
Procedure, 1908 (5 of 1908).

61.witnesses in attendance shall be taken orally in open Court in the presence and hearing and under the personal direction and superintendence of the Judge.

"A note of the essential points of the evidence of each witness is to be taken at the time, and in the course of oral examination, by the officer who tries the case, in his own language, or in English if he is sufficiently acquainted with that language, and such note shall be filed, and shall form part of the record of the case.

"If the evidence be taken down in a different language from that in which it has been given, and the witness does not understand the language in which it is taken down, the witness may require his deposition as taken down to be interpreted to him in the language in which it was given.

"It shall be in the discretion of the Court to take down, or cause to be taken down, any particular question and answer, if there appear any special reason for so doing, or any party or his pleader requires it.

"If any question put to a witness be objected to by either of the parties or their pleaders, and the Court allow the same to be put, the question and the answer shall be taken down, and the objection and the name of the party making it shall be noticed in taking down the depositions, together with the decision of the Court upon the objection.

"The Court shall record such remarks as it may think material respecting the demeanour of the witness while under examination.

1*["The note as above required may be written and signed by the
Judge with his own hand or typed to his dictation in open Court and singned by him with his own hand, and such note shall form part of the record."]


20.Execution-sale of ancestral and acquired property in land.


2*[20. Execution-sale of ancestral and acquired property in land.
So much of section 60 of the Code of Civil Procedure, 1908 (5 of
1908), as renders land liable to sale in execution of a decree shall be subject to the following restriction:--No ancestral land shall be sold in satisfaction of a decree without the permission of the State
Government.

Explanation.--In this section the words "ancestral land" mean--

(a) land forming a mahal or share in or portion of a mahal, which has been owned continuously from the conclusion of the first regular settlement by the proprietor, which term shall include an under-proprietor as defined in
---------------------------------------------------------------------
1. Subs. by U. P. Act 24 of 1954, s. 2 and Sch., for the former paragraph.
2. Subs. by U. P. Act 3 of 1912, s. 2 for the original section.

62.section 4, clause (15), of the United Provinces Land-
revenue Act, 1901 (U.P. 3 of 1901), or by the person or persons from whom such proprietor has directly or indirectly inherited such land;

(b) land forming an estate or part of an estate as defined in the Oudh Estate Act, 1969 (1 of 1969)

(c) land conferred by the British Government as a reward for services rendered to the State on the owner or on a person from whom such owner has directly or indirectly inherited such land; or

(d) the interest of the holder of a grant of land revenue conferred by the British or any former Government on him or on a person from whom he has directly or indirectly inherited such interest.]


21.Appointment of manager of land attached.


21. [Appointment of manager of land attached.] Rep. by the Oudh
Civil Courts Act, 1879 (13 of 1879).


22.Service process within jurisdiction of Lucknow Civil Court.


22. Service of process within jurisdiction of Lucknow Civil
Court. Notwithstanding anything contained in the said Code, any Civil
Court sitting within the local limits of the jurisdiction of the
Lucknow Civil Court, but exercising jurisdiction beyond such limits, may cause summonses, warrants, notices and other processes to be served within the local limits of the jurisdiction of the Lucknow
Civil Court without causing the same processes to be served through such Court.


23.Section substituted for Act 19 of 1868, s. 109.23. [Section substituted for Act 19 of 1868, s. 109.] Rep. by the
Oudh Rent Act, 1886 (22 of 1886).


24.Section substituted for Act 19 of 1868, s. 118.24. [Section substituted for Act 19 of 1868, s. 118.] Rep., ibid.


25.Right of occupancy in judgment-debtors sir-land.


25. [Right of occupancy in judgment-debtors sir-land.] Rep. by the Oudh Rent Act, 1886, Amendment Act, 1901 (U. P. 4 of 1901).


26.Revenue-agents authorized to appear, etc., in rent-suits.


26. Revenue-agents authorized to appear, etc., in rent-suits.
Notwithstanding anything contained in Act No. XX of 1865 1* all persons duly admitted and enrolled as Revenue-agents under that Act in
2*** Oudh may appear, plead and act in suits under the Oudh Rent Act
(19 of 1868) 3* in the Courts of officers exercising the powers of (19.of 1868.)
---------------------------------------------------------------------
1. See now the legal Practitioners Act, 1879 (18 of 1879).
2. The words "the territories for the time being under the administration of the Chief Commissioner of" rep. by the A. O. 1937.3. See now the U. P. Tenancy Act, 1939 (U. P. 17 of 1939).

63.Assistant Collectors, Deputy Collectors, Collectors and Commissioners under the same Act.


27.Power to make rules for custody and sale of attached property.


27. Power to make rules for custody and sale of attached property. With the sanction of the State Government, the 1*[High
Court] may from time to time make rules consistent with this Act and with the Code of Civil Procedure 2*--

(a) for the custody and sale of movable property attached in execution of decrees;

(b) for the levy of a fee or commission on the sale of attached property and the disposal of the funds accruing from such fees;

(c) as to the appointment and remuneration of persons
3*[(not being persons in the service of the
Government)] by whom property is to be attached, kept in custody and sold;

(d) as to the appointment and remuneration of persons
3*[(not being persons in the service of the
Government)] by whom local investigations under section
180, and investigations and adjustments of accounts under section 181, of the Code of Civil Procedure 4*
are to be made.


28.Power to revise decrees and orders of subordinate Courts.


28. [Power to revise decrees and orders of subordinate Courts.]
Rep. by the Oudh Civil Courts Act, 1879 (13 of 1879).


CHAP

VILLAGE AND ROAD-POLICE
Last updated on May, 2015
Title : THE OUDH LAWS ACT, 1876

Year : 1876



CHAPTER III

PROCEDURE OF THE COURTS


16.Rule of limitation.


16. Rule of limitation. The Judicial Commissioners Circular No.
104 of July, 1860, shall be held to have been a notification within the meaning of section 24 of Act 14 of 1859, 1* and such Act shall be deemed to have been in force in Oudh from the fourth day of July,
1862; and all orders and decrees passed under the rules contained in the said Circular, or under the said Act, shall be deemed to have been passed under a law in force for the time being.

Nothing in his section affects the provisions of sections 102,
104, 105, 106, 107 and 108 of the Oudh Rent Act (XIX of 1868)2* with regard to the limitation of suits under that Act.


17.Act 32 of 1871, s. 28, to cease in any district from date ofnotification that it is no longer under settlement.


17. [Act 32 of 1871, s. 28 to cease in any district from date of notification that it is no longer under settlement.] [Act 32 of 1871, s. 28, to cease in any district from date of notification that it is no longer under settlement.] Rep. by the Repealing and Amending Act,
1891 (12 of 1891).


18.Recognized agents.


18. Recognized agents. [Recognized agents.] Rep., ibid.


19.Rules for taking evidence.


19. Rules for taking evidence. 3* Section 172 of Act No. 8 of
1859 is hereby repealed, so far as the province of Oudh is concerned, and the following section is substituted therefor:--

"On the day appointed for the hearing of the suit, or on some other day to which the hearing may be adjourned, the evidence of the
---------------------------------------------------------------------
1. See now the Limitation Act, 1908 (9 of 1908).
2. Act 19 of 1868 was rep. by the Oudh Rent Act, 1886 (22 of 1886), s. 2. Act 22 of 1886 has been rep. by the U. P. Tenancy Act, 1939 (U.
P. 17 of 1939).
3. See now ss. 181 to 190, both inclusive, of the Code of Civil
Procedure, 1908 (5 of 1908).

61.witnesses in attendance shall be taken orally in open Court in the presence and hearing and under the personal direction and superintendence of the Judge.

"A note of the essential points of the evidence of each witness is to be taken at the time, and in the course of oral examination, by the officer who tries the case, in his own language, or in English if he is sufficiently acquainted with that language, and such note shall be filed, and shall form part of the record of the case.

"If the evidence be taken down in a different language from that in which it has been given, and the witness does not understand the language in which it is taken down, the witness may require his deposition as taken down to be interpreted to him in the language in which it was given.

"It shall be in the discretion of the Court to take down, or cause to be taken down, any particular question and answer, if there appear any special reason for so doing, or any party or his pleader requires it.

"If any question put to a witness be objected to by either of the parties or their pleaders, and the Court allow the same to be put, the question and the answer shall be taken down, and the objection and the name of the party making it shall be noticed in taking down the depositions, together with the decision of the Court upon the objection.

"The Court shall record such remarks as it may think material respecting the demeanour of the witness while under examination.

1*["The note as above required may be written and signed by the
Judge with his own hand or typed to his dictation in open Court and singned by him with his own hand, and such note shall form part of the record."]


20.Execution-sale of ancestral and acquired property in land.


2*[20. Execution-sale of ancestral and acquired property in land.
So much of section 60 of the Code of Civil Procedure, 1908 (5 of
1908), as renders land liable to sale in execution of a decree shall be subject to the following restriction:--No ancestral land shall be sold in satisfaction of a decree without the permission of the State
Government.

Explanation.--In this section the words "ancestral land" mean--

(a) land forming a mahal or share in or portion of a mahal, which has been owned continuously from the conclusion of the first regular settlement by the proprietor, which term shall include an under-proprietor as defined in
---------------------------------------------------------------------
1. Subs. by U. P. Act 24 of 1954, s. 2 and Sch., for the former paragraph.
2. Subs. by U. P. Act 3 of 1912, s. 2 for the original section.

62.section 4, clause (15), of the United Provinces Land-
revenue Act, 1901 (U.P. 3 of 1901), or by the person or persons from whom such proprietor has directly or indirectly inherited such land;

(b) land forming an estate or part of an estate as defined in the Oudh Estate Act, 1969 (1 of 1969)

(c) land conferred by the British Government as a reward for services rendered to the State on the owner or on a person from whom such owner has directly or indirectly inherited such land; or

(d) the interest of the holder of a grant of land revenue conferred by the British or any former Government on him or on a person from whom he has directly or indirectly inherited such interest.]


21.Appointment of manager of land attached.


21. [Appointment of manager of land attached.] Rep. by the Oudh
Civil Courts Act, 1879 (13 of 1879).


22.Service process within jurisdiction of Lucknow Civil Court.


22. Service of process within jurisdiction of Lucknow Civil
Court. Notwithstanding anything contained in the said Code, any Civil
Court sitting within the local limits of the jurisdiction of the
Lucknow Civil Court, but exercising jurisdiction beyond such limits, may cause summonses, warrants, notices and other processes to be served within the local limits of the jurisdiction of the Lucknow
Civil Court without causing the same processes to be served through such Court.


23.Section substituted for Act 19 of 1868, s. 109.23. [Section substituted for Act 19 of 1868, s. 109.] Rep. by the
Oudh Rent Act, 1886 (22 of 1886).


24.Section substituted for Act 19 of 1868, s. 118.24. [Section substituted for Act 19 of 1868, s. 118.] Rep., ibid.


25.Right of occupancy in judgment-debtors sir-land.


25. [Right of occupancy in judgment-debtors sir-land.] Rep. by the Oudh Rent Act, 1886, Amendment Act, 1901 (U. P. 4 of 1901).


26.Revenue-agents authorized to appear, etc., in rent-suits.


26. Revenue-agents authorized to appear, etc., in rent-suits.
Notwithstanding anything contained in Act No. XX of 1865 1* all persons duly admitted and enrolled as Revenue-agents under that Act in
2*** Oudh may appear, plead and act in suits under the Oudh Rent Act
(19 of 1868) 3* in the Courts of officers exercising the powers of (19.of 1868.)
---------------------------------------------------------------------
1. See now the legal Practitioners Act, 1879 (18 of 1879).
2. The words "the territories for the time being under the administration of the Chief Commissioner of" rep. by the A. O. 1937.3. See now the U. P. Tenancy Act, 1939 (U. P. 17 of 1939).

63.Assistant Collectors, Deputy Collectors, Collectors and Commissioners under the same Act.


27.Power to make rules for custody and sale of attached property.


27. Power to make rules for custody and sale of attached property. With the sanction of the State Government, the 1*[High
Court] may from time to time make rules consistent with this Act and with the Code of Civil Procedure 2*--

(a) for the custody and sale of movable property attached in execution of decrees;

(b) for the levy of a fee or commission on the sale of attached property and the disposal of the funds accruing from such fees;

(c) as to the appointment and remuneration of persons
3*[(not being persons in the service of the
Government)] by whom property is to be attached, kept in custody and sold;

(d) as to the appointment and remuneration of persons
3*[(not being persons in the service of the
Government)] by whom local investigations under section
180, and investigations and adjustments of accounts under section 181, of the Code of Civil Procedure 4*
are to be made.


28.Power to revise decrees and orders of subordinate Courts.


28. [Power to revise decrees and orders of subordinate Courts.]
Rep. by the Oudh Civil Courts Act, 1879 (13 of 1879).


CHAP

VILLAGE AND ROAD-POLICE
Last updated on May, 2015

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