Report No. 178

Recommendations for Amending Various Enactments, Both Civil and Criminal

Introductory.-

The attention of the Commission has been drawn by several Jurists and Organizations to certain specific provisions in various statutes, both civil and criminal, which require immediate amendment. The Commission gave serious consideration to their requests and felt that having regard to the urgency for their amendments, it will be advantageous if these are taken up immediately rather than wait for an occasion when a review of the entire statute in each of these cases is taken up. That is the reason why the Commission has taken up amendments of these specific provisions in various enactments and is submitting this Report. The list of the Sections in various statutes in regard to which amendments are proposed is given below:

(1) Section 35 of Stamp Act, 1899: Bills of Exchange and Promissory notes to be admissible even if stamp duty is deficient. Payment of Penalty or stamp duty to be made applicable to these instruments also for validating them.

(2) Section 58 (c) of the Transfer of Property Act, 1882: Mortgage by conditional sale- conveyance and agreement of reconveyance in separate deeds- Right to seek reconveyance within three years recommended.

(3) Order XX Rule 12 and Order XX Rule 18: Making it mandatory that evidence as to mesne profits, rents up to the date of commencement of trial should be adduced at the trial.

(4) Section 424 A Indian Penal Code, 1860: Failure to inform transferee of immovable property regarding prior transactions to be punishable.

(5) Section 424 B Indian Penal Code, 1860: Failure to inform transferee of immovable property about pendency of litigation to be punishable.

(6) Sections 6 and 6 A of the Revenue Recovery Act, 1890: Enabling Government or the public authority to whom moneys are due from the defaulter, to purchase when bidders are not forthcoming in regard to public auction of immovable property.

(7) Section 79 of Negotiable Instruments Act, 1881: Interest at contract rate to be payable up to date of suit and not after suit. 7

(8) Section 34 of Code of Civil Procedure 1908: Maximum rate of interest pending suit and thereafter raised from 6 % to 12 % p.a.

(9) Order XXXIV Code of Civil Procedure, 1908: Procedure for passing Preliminary decree deleted (as done by the Kerala Amendment).

(10) Order XXXVIII Rules 5 and 6 Code of Civil Procedure, 1908: Interim attachment before judgment to be made without prior notice and attachment before Judgment to be made only after prior notice.

(11) Section 89 A of Registration Act, 1908: Notice to be sent to Registration Offices regarding attachments and decrees related to immovable property- Notice to be registered.

(12) Section 89 B of Registration Act, 1908: Notice to be sent to Registration Offices regarding mortgage by deposit of title deeds- Notice to be registered.

(13) Section 84 A of Registration Act, 1908: Failure to send notice under Section 89 B to be punishable.

(14) Section 89 C of Registration Act, 1908: Rules to be made for purpose of section 89A, 89B.

(15) Section 306 Indian Succession Act, 1925: Claims for damages for injury not to abate on death of injured claimant.

(16) Section 69 Partnership Act, 1932: Prohibition from suing in subsection (2) to apply only if right to sue has arisen out of a contract entered in the course of business.

(17) Section 19 Hindu Marriage Act, 1955: Wife enabled to present petition where she is residing.

(18) Section 18 Hindu Adoption & Maintenance Act, 1956: Right of woman to maintenance where husband's previous marriage with another woman was not disclosed.

(19) Section 125 of Code of Criminal Procedure, 1973: Right to maintenance by wife who is divorced and not married or where the marriage is void in certain circumstances.

(20) Section 164, 162 , 173 (5) of Criminal Procedure Code, 1973: Section 161 statement.-copies to be given to persons who made statement and statements to be sent forthwith to the Magistrate.

(21) Section 164 of Criminal Procedure Code, 1973: In the case of investigation in to offences punishable with more than 10 years imprisonment or death, Magistrate to record statement and the statement of witnesses straight away to be treated as evidence.

(22) Section 174 of Criminal Procedure Code, 1973: Statements during inquest to be forwarded to Magistrates forthwith.

(23) Section 207A, 239 (Ch XIX) of Criminal Procedure Code, 1973: Procedure in case of complaint by public servants simplified to permit speedier trials in economic offence cases, etc.

(24) Section 166 Motor Vehicles Act, 1988: Claim for damages by injured persons not to abate on death of injured claimant.

(25) Section 217 Motor Vehicles Act, 1988: Pending claims by injured persons under Motor Vehicles Act, 1939 not to abate on death of injured claimant.

The afore said 25 subjects are being dealt under the under mentioned 19 heads.

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