Report No. 178
Recommendations for Amending Various Enactments, Both Civil and Criminal
| Contents |
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Recommendations for Amending Various Enactments, Both Civil and Criminal |
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Introductory |
| 1. |
Section 35 of the Stamp Act, 1899 & 'Bills of exchange on promissory notes' |
| 2. |
Section 58(c) of the Transfer of Property Act, 1882 mortgage by conditional sale |
| 3. |
Order 20 Rule 12 and Order 20 Rule 18 of the Code of Civil Procedure(a) Order 20 Rule 12 |
| 4. |
Certain transfers by to be punishable- Insertion of section 424 A in the Indian Penal Code( 45 of 1860) |
| 5. |
Revenue Recovery Act, 1890: Purchase by Government where bidders are not forth coming when immovable property is put to public auction |
| 6. |
Order XXXIV of the Code of Civil Procedur.- dispensing with the age old procedure of a preliminary decree |
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Order Xxxiv- Suits Relating to Mortgages of Immovable Property |
| 7. |
Amendment of Section 69 (2) of the Indian Partnership Act, 1932 |
| 8. |
Non disclosure of factum of pending civil litigation to purchasers or transferees of immovable property to be an offence punishable with imprisonment and with fine-Insertion of section 424 B, Indian Penal Code, 1860 |
| 9. |
Right of a person injured in an accident to sue for damages to survive to his legal representatives in the case the injured person dies thereafter on account of a cause not relatable to the acciden |
| 10. |
Order 38 Rule 5 and Rule 6 |
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Whether procedure of prior show cause notice to defendant in cases of 'conditional attachment' can result in the final order becoming infructuous |
| 11. |
Copies of decrees or orders of Courts affecting immovable property and attachments of immovable property by Courts under Revenue Recovery Act to be notified to Registration Officers under the Registration Act, 1908 to be entered in Book 1 |
| 12. |
Proposed sections 89B, 89C and 89D Mortgage by deposit of title deeds |
| 13. |
Section 34 of Code of Civil Procedure, 1908 |
| 14. |
Section 19 of the Hindu Marriage Act, 1955 |
| 15. |
Section 125 of the Code of Criminal Procedure, 1973 |
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Position under section 18 of the Hindu Adoptions and Maintenance Act |
| 16. |
Problem of hostile witnesses and the need to ensure a fair investigatio |
| 17. |
Section 161, 162 Sec.173(5) |
| 18. |
Section 174: Proposal to requires statements of persons examined at the Inquest to be sent forthwith to the Magistrate along with Report |
| 19. |
Amendment of Chapter XIX of the Code of Criminal Procedur |
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Conclusion |
| Annexure |
The Law Reform (Miscellaneous Provisions Amendment) Bill, 2002 |
| 1. |
Short title and commencemen |
| 2. |
Amendment of Indian Penal Code(45 of 1860) |
| 3. |
Amendment of the Negotiable Instruments Act, 1881 |
| 4. |
Amendment of section 58 of the Transfer of Property Act, 1882 |
| 5. |
Amendment of Revenue Recovery Act, 1890 |
| 6. |
Amendment of section 35 of the Indian Stamp Act, 1899 |
| 7. |
Amendment of the Civil Procedure Code, 1908 |
| (i) |
for rule 12, the following rule shall be substituted, namely |
| (ii) |
in rule 18, for clause (2) the following clause shall be substituted, namely |
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Attachment Before Judgment |
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Attachment before Judgment after Prior Notice Calling for Security for Fulfillment of Decree |
| 8. |
Amendment of Registration Act, 1908 |
| 9. |
Amendment of the Indian Succession Act, 1925 |
| 10. |
Amendment of section 69 of the Indian Partnership Act, 193 |
| 11. |
Amendment of the Hindu Marriage Act, 1955 |
| 12. |
Amendment of the Hindu Adoptions and Maintenance Act, 1956 |
| 13. |
Amendment of the Code of Criminal Procedure 1973 |
| 14. |
Amendment of the Motor Vehicles Act, 1988 |
| 15. |
Transitory Provision |
