Define the expression "Rules", "Share in a Corporation" and Signed under the Code of Civil Procedure 1908?

 

Rules[Section 2(18)]

 

According to the definition, “Rules” means rules and forms contained in the First Schedule or made under section 122 or section 125.

 

                                       Comments

·        The expression “rules” refers to those rules which are given in the First Schedule of CPC 1908.

·        The forms contained in the First Schedule of the code also falls within the scope of the term rules.

·        The first schedule is classified into 51 orders that are numbered in roman as Order-I to Order-LI.

·        Each order in the First Schedule deals with a specific procedural matter and contains the Rules thereof.

·        The word “rules” defined in Section 2(18) also embraces the rules made under Section 122 or Section 125. These are the rules of the High Court on its appellate side, formulated pursuant to the powers under section 122 of the code.

 

SHARE IN A CORPORATION: [SECTION 2(19)]

 

The term has been defined as follows- “Share in a Corporation” shall be deemed to include stock, debenture stock, debenture or bonds.

                           

                            Comments

·        In general theory, “Share in a Corporation” refers to the Share Capital of the shareholder who have held shares of a corporation.

·        But this definition used the words “deemed to include”. So this definition is considered to be the inclusive or extensive definition.

·        Because according to this definition, “Share in a corporation” shall be deemed to include stock, debenture stock, debenture or bonds.

 

SIGNED: [SECTION 2(20)]

 

As per definition, “Signed”, save in the case of a judgment or decree, includes “stamped”.

 

                        Comments

·        The term “signed” means putting signatures on a document as a token of knowledge or acceptance of the contents of the document.

·        Signing may be in any part of the document.

·        Signing may be either personally or by an agent duly authorised in this behalf.

·        Where, instead of making signature in ink by the use of pen, a stamp has been marked, then in that case it also amounts to signing.

·        When an authority is required t sign a huge number of documents, then that authority may use the stamp. For example: the mark-sheets issued by many universities and colleges are stamped, which amount to “signed”. But in case of a judgment or decree, the stamped does not mean “signed”. It must be signed by the judge by his signature.