Section 3 of the Court Fees Act, 1870, specifically addresses the levy of court fees in the High Courts in the exercise of their extraordinary original jurisdiction, as well as other specific jurisdictional matters defined within the Act.
5142
Which section of the Court Fees Act, 1870, governs the refund of fees for applications seeking a review of a judgment?
Section 14 of the Court Fees Act, 1870, specifically addresses the refund of court fees paid on an application for a review of a judgment. This provision allows for the recovery of fees under specific conditions when the court grants the review, thereby providing relief to litigants in procedural matters.
5143
When a court appoints a Collector as a receiver for land revenue purposes, whose consent is required?
Under the Civil Procedure Code, when the court deems it appropriate to appoint a Collector as a receiver for land paying revenue to the government, it must obtain the consent of the Collector. This ensures that the administrative duties of the Collector are aligned with the court's requirements for the management of the property in question.
5144
What is the total number of rules included in Order XL of the Code of Civil Procedure?
Order XL of the Code of Civil Procedure, which deals with the appointment of receivers, consists of five specific rules. These rules define the court's power to appoint a receiver, the duties of the receiver, the enforcement of their duties, and the consequences of their failure to perform, providing a comprehensive framework for receivership.
5145
Under Order XL, Rule 3 of the Code of Civil Procedure, 1908, who may be appointed as a receiver by the court?
Order XL, Rule 3 of the Code of Civil Procedure (CPC) grants the court broad discretion to appoint any person as a receiver if it is deemed just and convenient for the management or preservation of property during the pendency of a suit. The rule does not restrict the appointment to specific officials, allowing the court to select an appropriate individual based on the case requirements.
5146
What is the subject matter governed by Section 44 of the Specific Relief Act?
Section 44 of the Specific Relief Act, 1877, deals with the appointment of a receiver. A receiver is an impartial person appointed by the court to manage, protect, or preserve property that is the subject of litigation. This provision allows the court to ensure that the property in dispute is not wasted, damaged, or alienated while the legal proceedings are ongoing, thereby protecting the interests of the rightful owner until the final judgment.
5147
Under what term does the court fix the amount payable to a receiver for their services?
The court is empowered to fix the amount to be paid to a receiver for their services, which is legally referred to as remuneration. This payment is determined by the court through a general or special order, ensuring that the receiver is fairly compensated for the duties performed in preserving or managing the property under litigation.
5148
Under Order XL, Rule 1(a) of the Code of Civil Procedure, at what stage may a court appoint a receiver for a property?
Order XL, Rule 1 of the Code of Civil Procedure, 1908, empowers the court to appoint a receiver of any property, whether before or after a decree, if it appears to the court to be just and convenient. This is a discretionary power exercised to protect the property during the pendency of litigation or to ensure the execution of a decree.
5149
How many rules are contained within Order XL of the Code of Civil Procedure (CPC)?
Order XL of the Code of Civil Procedure, 1908, specifically pertains to the appointment of receivers. It consists of exactly five rules that outline the procedures for the appointment, duties, and enforcement of the duties of a receiver in civil litigation matters.
5150
How is the power of the court to appoint a receiver characterized within the legal framework?
The appointment of a receiver under the Code of Civil Procedure is considered a discretionary power of the court. This means the court exercises its judgment based on the facts and circumstances of each case to determine if such an appointment is 'just and convenient' to protect the property in dispute. It is not an automatic right but a judicial tool used to preserve assets during litigation.