SECTION 139, 140 OF CODE OF CIVIL PROCEDURE 1908

Oath on affidavit by whom to be administered? Who are Assessors in causes of salvage etc? Section 139 and 140 of Code of Civil Procedure 1908

Oath on affidavit by whom to be administered and Assessors in causes of salvage etc are defined under Section 139 and 140 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 139 of Code of Civil Procedure 1908 "Oath on affidavit by whom to be administered"

In the case of any affidavit under this Code-

(a) any Court or Magistrate, or

(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or

(b) any officer or other person whom a High Court may appoint in this behalf, or

(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf,
may administer the oath to the deponent.

STATE AMENDMENTS

Uttar Pradesh- (i) for clause (b) of section 139 substitute:

"(b) any person appointed in this behalf by a High Court or by a district court; or"

(ii) for clause (c) of section 139 substitute:

"(c) any person appointed in this behalf by such other court as the State Govt. may, by general or special order, empower in this behalf."

[U.P. Act No. 11 of 1981]

Section 140 of Code of Civil Procedure 1908 "Assessors in causes of salvage etc"

(1) In any admiralty or vice-admiralty cause of salvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction may, if it thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed , two competent assessors; and such assessors shall attend and assist accordingly.

(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.

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