Act4
Enacted 1925

The Indian Soldiers (Litigation) Act, 1925

In force 16 sections Defence

An Act to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of Indian soldiers serving under special conditions.

Act 4 of 1925 Enacted 26 Feb 1925 In force 01 Apr 1925 Department Department of Military Affairs

Administered by. Ministry of Defence, Department of Military Affairs · Other Acts of 1925

Preamble

THE INDIAN SOLDIERS (LITIGATION) ACT, 1925

ACT NO. 4 OF 19251

[26th February,1925.] An Act to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of Indian soldiers serving under special conditions.

WHEREAS it is expedient to consolidate and amend the law to provide for the special protection in respect of civil and revenue litigation of Indian soldiers serving under special conditions; It is hereby enacted as follows: --

What this Act covers

Summary of the Indian Soldiers Litigation Act, 1925

Key Features

• Protection During Military Service: Safeguards the legal rights of serving soldiers involved in civil litigation.

• Stay of Civil Proceedings: Empowers courts to stay or postpone legal proceedings where a soldier's military service prevents effective participation.

• Judicial Discretion: Authorises courts to grant appropriate relief after considering the nature of the soldier's service and the interests of justice.

• Protection Against Execution of Decrees: Provides safeguards against the execution of certain civil decrees or orders during military service, where justified.

• Applicability to Civil Matters: Applies to specified civil proceedings involving serving members of the armed forces.

• Balance of Interests: Seeks to protect soldiers without unduly prejudicing the rights of other parties to the litigation.

Sections

Type to filter. 16 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Circumstances in which an Indian soldier shall be deemed to be serving under special conditions
  4. 4Particulars to be furnished in plaints, applications or appeals to Court
  5. 5Power of Collector to intervene in case of unrepresented Indian soldier
  6. 6Notice to be given in case of unrepresented Indian soldier
  7. 7Postponement of proceedings
  8. 8Court may proceed when no certificate received
  9. 9Postponement of proceedings against Indian soldier on leave
  10. 10Power to set aside decrees and orders, passed against an Indian soldier serving under war or special conditions
  11. 11Modification of law of limitation where Indian soldier or his legal representative is a party
  12. 12Power of Court to refer questions to prescribed authorities
  13. 13Rule making power
  14. 14Power to apply the provisions of the Act to other persons in the service of the Government
  15. 14A[Repealed.]
  16. 15[Repealed.]

Rules made under this Act

1 set of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • INDIAN SOLDIERS (LITIGATION) RULES, 19381938

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 16 sections of this Act has its own page. This page is not a substitute for legal advice.