marco-D-phoenix/Indian_Judicial_codes_and_acts huggingface dataset:
PART IV : SUITS IN PARTICULAR CASES - SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
86. Suits against foreign Rulers, Ambassadors and Envoys.
(1) No foreign State may be sued in any Court otherwise competent to try the suit except with the consent of the Central Government certified in writing by a Secretary to that Government: Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid a foreign State] from whom he holds or claims to hold the property.
(2) Such consent may be given with respect to a specified suit or to several specified suits or with respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of suits, the Court in which 4[the foreign State] may be sued, but it shall not be given, unless it appears to the Central Government that 4[the foreign State]—
(a) has instituted a suit in the Court against the person desiring to sue 5[it], or
(b) by 6[itself] or another, trades within the local limits of the jurisdiction of the Court, or
(c) is in possession of immovable property situate within those limits and is to be sued with reference to such property or for money charged thereon, or
(d) has expressly or impliedly waived the privilege accorded to 5[it] by this section.
(3) Except with the consent of the Central Government, certified in writing by a Secretary to that Government, no decree shall be executed against the property of any foreign State.
(4) The preceding provisions of this section shall apply in relation to—
(a) any ruler of a foreign State;]
(aa) any Ambassador or Envoy of a foreign State;
(b) any High Commissioner of a Commonwealth country; and
(c) any such member of the staff 2[of the foreign State or the staff or retinue of the Ambassador or Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government may, by general or special order, specify in this behalf as they apply in relation to a foreign State.
(5) The following persons shall not be arrested under this Code, namely: —
(a) any Ruler of a foreign State;
(b) any Ambassador or Envoy of a foreign State;
(c) any High Commissioner of a Commonwealth country;
(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador or Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central Government may, by general or special order, specify in this behalf.
(6) Where a request is made to the Central Government for the grant of any consent referred to in subsection (1), the Central Government shall, before refusing to accede to the request in whole or in part, give to the person making the request a reasonable opportunity of being heard.]
PART IV : SUITS IN PARTICULAR CASES - SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
87. Style of foreign Rulers as parties to suits.
The Ruler of a foreign State may sue, and shall be sued, in the name of his State:
Provided that in giving the consent referred to in section 86, the Central Government may direct that the Ruler may be sued in the name of an agent or in any other name.
PART IV : SUITS IN PARTICULAR CASES - SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
87A. Definitions of “foreign State” and “Ruler”
(1) In this Part,—
(a) “foreign State” means any State outside India which has been recognised by the Central Government; and
(b) “Ruler”, in relation to a foreign State, means the person who is for the time being recognized by the Central Government to be the head of that State.
(2) Every Court shall take judicial notice of the fact—
(a) that a State has or has not been recognized by the Central Government;
(b) that a person has or has not been recognized by the Central Government to be the head of a State.
PART IV : SUITS IN PARTICULAR CASES - SUITS AGAINST RULERS OF FORMER INDIAN STATES
87B. Application of sections 85 and 86 to Rulers of former Indian States.
(1) In the case of any suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action which arose before the commencement of the Constitution or any proceeding arising out of such suit, the provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they apply in relation to the Ruler of a foreign State.
(2) In this section—
(a) “former Indian State” means any such Indian State as the Central Government may, by notification in the Official Gazette, specify for the purposes of this ; 
(b) “Commencement of the Constitution” means the 26th day of January, 1950; and
(c) “Ruler”, in relation to a former Indian State, has the same meaning as in article 363 of the Constitution.
PART IV : SUITS IN PARTICULAR CASES - INTERPLEADER
88. Where interpleader-suit may be instituted.
Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.
PART V : SPECIAL PROCEEDINGS - ARBITRATION
89. Settlement of disputes outside the Court.
Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.
PART V : SPECIAL PROCEEDINGS - SPECIAL CASE
90. Power to state case for opinion of Court.
Where any person agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.
PART V : SPECIAL PROCEEDINGS - PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
91. Public nuisances and other wrongful acts affecting the public.
(1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—
(a) by the Advocate-General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.]
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.
PART V : SPECIAL PROCEEDINGS - PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
93. Exercise of powers of Advocate-General outside presidency-towns.
The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.
PART VI : SUPPLEMENTAL PROCEEDINGS
94. Supplemental proceedings.
In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed, —
(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;
(e) make such other interlocutory orders as may appear to the Court to be just and convenient.
PART VI : SUPPLEMENTAL PROCEEDINGS
95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section,—
(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable grounds for instituting the same, the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount 1[not exceeding fifty thousand rupees], as it deems a reasonable compensation to the defendant for the 2[expense or injury (including injury to reputation) caused to him:
Provided that a Court shall not award, under this section an amount exceeding the limits of its pecuniar jurisdiction.
(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.
PART VII : APPEALS - APPEALS FROM ORIGINAL DECREES
96. Appeal from original decree.
(1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any Court exercising original jurisdiction the Court authorized to hear appeals from the decisions of such Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ten thousand rupees.
PART VII : APPEALS - APPEALS FROM ORIGINAL DECREES
97. Appeal from final decree where no appeal from preliminary decree.
Where any party aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.
PART VII : APPEALS - APPEALS FROM ORIGINAL DECREES
98. Decision where appeal heard by two or more Judges.
(1) Where an appeal is heard by a Bench of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the majority (if any) of such Judges.
(2) Where there is no such majority which concurs in a judgment varying or reversing the decree appealed from, such decree shall be confirmed :
Provided that where the Bench hearing the appeal is 3[composed of two or other even number of Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges composing the Bench differ in opinion on a point of law, they may state the point of law upon which they differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard the appeal, including those who first heard it.
(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to patent of any High Court.
PART VII : APPEALS - APPEALS FROM ORIGINAL DECREES
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder 5[or non-joinder] of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court:
Provided that nothing in this section shall apply to non-joinder of a necessary party
PART VII : APPEALS - APPEALS FROM ORIGINAL DECREES
99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially affected.
Without prejudice to the generality of the provisions of section 99, no order under section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision of the case.
PART VII : APPEALS - APPEALS FROM APPELLATE DECREES
100. Second appeal.
(1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
(2) An appeal may lie under this section from an appellate decree passed ex parte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.
(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question.
PART VII : APPEALS - APPEALS FROM APPELLATE DECREES
100A. No further appeal in certain cases.
Notwithstanding anything contained in any Letters Patent for any High Court or in any instrument having the force of law or in any other law for the time being in force, where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a High Court, no further appeal shall lie from the judgment and decree of such Single Judge.
PART VII : APPEALS - APPEALS FROM APPELLATE DECREES
101. Second appeal on no other grounds.
No second appeal shall lie except on the ground mentioned in section 100.
PART VII : APPEALS - APPEALS FROM APPELLATE DECREES
102. No second appeal in certain cases.
No second appeal shall lie from any decree, when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees,
PART VII : APPEALS - APPEALS FROM APPELLATE DECREES
103. Power of High Court to determine issues of fact.
In any second appeal, the High Court may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the appeal,—
(a) which has not been determined by the lower Appellate Court or both by the Court of first instance and the lower Appellate Court, or
(b) which has been wrongly determined by such Court or Courts by reason of a decision on such question of law as is referred to in section 100.
PART VII : APPEALS - APPEALS FROM ORDERS
104. Orders from which appeal lies.
(1) An appeal shall lie from the following orders, and save as otherwise expressly provided in the body of this Code or by any law for the time being in force, from no other orders:—
(ff) an order under section 35A;
(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature referred to in section 91 or section 92, as the case may be;
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or detention in the civil prison of any person except where such arrest or detention is in execution of a decree;
(i) any order made under rules from which an appeal is expressly allowed by rules:
Provided that no appeal shall lie against any order specified in clause (ff) save on the ground that no order, or an order for the payment of a less amount, ought to have been made.
(2) No appeal shall lie from any order passed in appeal under this section.
PART VII : APPEALS - APPEALS FROM ORDERS
105. Other orders.
(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a Court in the exercise of its original or appellate jurisdiction; but where a decree is appealed from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a ground of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of remand 2*** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from disputing its correctness.
PART VII : APPEALS - APPEALS FROM ORDERS
106. What Courts to hear appeals.
Where an appeal from any order is allowed it shall lie to the Court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
PART VII : APPEALS - GENERAL PROVISIONS RELATING TO APPEALS
107. Powers of Appellate Court.
(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power—
(a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them for trial;
(d) to take additional evidence or to require such evidence to be taken.
(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in respect of suits instituted therein.
PART VII : APPEALS - GENERAL PROVISIONS RELATING TO APPEALS
108. Procedure in appeals from appellate decrees and orders.
The provisions of this Part relating to appeals from original decrees shall, so far as may be, apply to appeals—
(a) from appellate decrees, and
(b) from orders made under this Code or under any special or local law in which a different procedure is not provided.
PART VII : APPEALS - APPEALS TO THE SUPREME COURT
109. When appeals lie to the Supreme Court.
Subject to the provisions in Chapter IV of Part V of the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—
(i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.
PART VII : APPEALS - APPEALS TO THE SUPREME COURT
110. [Omitted.].
PART VII : APPEALS - APPEALS TO THE SUPREME COURT
111. [Omitted.].
PART VII : APPEALS - APPEALS TO THE SUPREME COURT
111A. [Omitted.].
PART VII : APPEALS - APPEALS TO THE SUPREME COURT
112. Savings.
(1) Nothing contained in this Code shall be deemed—
(a) to affect the powers of the Supreme Court under article 136 or any other provision of the Constitution; or
(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the presentation of appeals to that Court, or their conduct before that Court.
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty jurisdiction or to appeals from orders and decrees of Prize Courts.
PART VIII : REFERENCE, REVIEW AND REVISION
113. Reference to High Court.
Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:
Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.
Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses Act of a State.
PART VIII : REFERENCE, REVIEW AND REVISION
114. Review.
Subject as aforesaid, any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal has been preferred.
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit.
PART VIII : REFERENCE, REVIEW AND REVISION
115. Revision.
(1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears—
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit:
Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.
(2) The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto.
(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.
Explanation.—In this section, the expression “any case which has been decided” includes any order made, or any order deciding an issue in the course of a suit or other proceeding.
PART IX : SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
116. Part to apply only to certain High Courts.
This Part applies only to High Courts not being the court of a Judicial Commissioner
PART IX : SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
117. Application of Code to High Courts.
Save as provided in this Part or in Part X or in rules, the provisions of this Court shall apply to such High Courts.
PART IX : SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A JUDICIAL COMMISSIONER
118. Execution of decree before ascertainment of costs.
Where any such High Court considers it necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the decree shall be executed forthwith, except as to so much thereof as relates to the costs; and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the amount of the costs shall be ascertained by taxation.