The Indian Soldiers (Litigation) Act, 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.
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.
- 1Short title, extent and commencement
- 2Definitions
- 3Circumstances in which an Indian soldier shall be deemed to be serving under special conditions
- 4Particulars to be furnished in plaints, applications or appeals to Court
- 5Power of Collector to intervene in case of unrepresented Indian soldier
- 6Notice to be given in case of unrepresented Indian soldier
- 7Postponement of proceedings
- 8Court may proceed when no certificate received
- 9Postponement of proceedings against Indian soldier on leave
- 10Power to set aside decrees and orders, passed against an Indian soldier serving under war or special conditions
- 11Modification of law of limitation where Indian soldier or his legal representative is a party
- 12Power of Court to refer questions to prescribed authorities
- 13Rule making power
- 14Power to apply the provisions of the Act to other persons in the service of the Government
- 14A[Repealed.]
- 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
- The Indian Naval Armament Act, 192314 sections
- The Manoeuvres, Field Firing and Artillery Practice Act, 193813 sections
- The Works of Defence Act, 190347 sections
- The Armed Forces (Emergency Duties) Act, 19473 sections
- The Territorial Army Act, 194819 sections
- The National Cadet Corps Act, 194813 sections
- The Seaward Artillery Practice Act, 194910 sections
- The Indian Tolls (Army and Air Force) Act, 19018 sections
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.