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consider necessary, if the furnishing of such information or the production of such books and papers is relevant or necessary for the purposes of his investigation. (3) The inspector may keep in his custody any books and papers produced unde r sub -section ( 1) or sub-section ( 2) for thirty days and thereafter shall return the same to the limited liability partnership, other entity or individual by whom or on whose behalf the books and papers are produced: Provided that the inspector may call for the books and papers if they are needed again: Provided further that if certified copies of the books and papers produced under sub -section ( 2) are furnished to the inspector, he shall return those books and papers to the entity or person concerned. (4) An inspector may examine on oath — (a) any of the persons referred to in sub -section ( 1); (b) with the previous approval of the Central Government, any other person in relation to the affairs of the limited liability partnership or any other entity, as the case may be; and (c) may administer an oath accordingly and for that purpose may require a ny of those persons to appear before him personally. (5) If any person fails with out reasonable cause or refuses — (a) to produce before an inspector or any person authorised by him in this behalf with the previous approval of the Central Government any boo k or paper which it is his duty under sub-section ( 1) or sub -section ( 2) to produce; or (b) to furnish any information which is his duty under sub -section ( 2) to furnish; or (c) to appear before the inspector personally when required to do so under sub -section ( 4) or to answer any question which is put to him by the inspector in pursuance of that sub -section; or (d) to sign the notes of any examination, he shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty -five thousand rupees and with a |
the male line to continue to be held for one more generation; but not by an adopted heir; (1) what shall be sufficient proof of authorized possession ; (2)claim to be allowed unless to grounds of it be disproved; and (3) what shall be deemed the time of the introduction of British Government. Rule 5. None so numbered. Rule 6. Exemptions not protected by above rules to be abolished on demise of incumbent: and ( 1) bond fide holder to be deemed incumbent; ( 2) this privilege not to ext end to persons holding by fraud. Rule 7. Lands h eld for support of Mosques, & c. not to be resumed. (4) if they have been enjoyed for 40 years; (5) What shall be deemed sufficient proof of enjoyment ; (6) but this rule not to apply in f avor of private holdings (7) see the provision. Rule 8. Lands held under on official tenure intended to be permanent not to be resumed; but this rule is subject to several complicated provisions, not capable of abridgment. Rule 9. On resumption of lands a moiety may be continued to widows of last incumbent, &c. in case of destitution. Rule 10. Makes discretionary with Government to apply these rules to certain specified kinds of lands. Rule 11. Empowers the G. in C. to relax the rules ; who also shall inter pret them. An Act for the Adjudication of Titles to certain Estates claimed to be wholly or partially Rent -free in the Presidency of Bombay. WHEREAS in the Territories of the Deccan Kandeish, and Southern Mahratta Country, and in other Districts more rec ently annexed to the Bombay Presidency, claims against Government on account of Inams and other Estates wholly or partially exempt from payment of Land Revenue are excepted from the cognizance of the ordinary Civil Courts, and incapable of being justly dis posed of under the Rules for the determination of Titles, and the Rules of Procedure contained in Chapters IX. and X. of Regulation X VII. of 1827 of the Bombay Code and their Supplements; and whereas it |
restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case paym ents addressed by prisoners of war to dependants shall be given priority. In any event, and subject to the consent of the power on which they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shall send to the a foresaid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power , currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners ‟ account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the present Convention. Article 64 Prisoners ‟ accounts. —The Detaining Power shall hold an account for each pr isoner o f war, showing at least the following: — (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragra ph. Article 65 Management of prisoners ‟ accounts. —Ever y item entered in the account of a prisoner of war shall be countersigned or initialed by him, or by the prisoners ‟ representative acting on his behalf. Prisoners of war shall at all times be afforded r easonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected |
lease of unoccupied land for the purpose of subletting it: (6) “landlord” means a person under whom a tenant holds land, and to whom the tenant is, or but for a special contract would be, liable to pay rent for that land: (7) “tenant” and “landlord” include the predecessors and successors in interest of a tenant and landlord respectively: (8) “tena ncy” means a parcel of land held by a tenant of a landlord under one lease or one set of conditions: (9) “estate”. “landowner” and “holding” have the meanings respectively assigned to those words in the Punjab Land- revenue Act, 1887 (XVII of 1887) : (10) “l and-revenue” means land -revenue assessed under any law for the time being in force or assessable under the Punjab Land -revenue Act, 1887, and includes.— (a) any rate imposed in respect of the increased value of land due to irrigation, and (b) any sum paya ble in respect of land, by way of quit -rent or of commutation for service, to the Government or to a person to whom the Government has assigned the right to receive the payment: (11) “ rates and cesses” means rates and cesses which are primarily payable by landowners, and includes — (a) the local rate, if any, payable under the Punjab Local Rates Act, 1878 (v of 1878); (b) the local rate, if any, payable under the Punjab District Boards Act, 1883 (XX of 1883) , and any fee leviable under section 33 of that Act from landowners for the use of or benefits derived from such works as are referred to in section 20, clauses ( i) and ( j), of that Act; (c) any annual rate chargeable on owners of lands under section 59 of the Northern India Canal and Drainage Act, 1873 (VIII of 1873) ; (d) the zaildari and village -officers’ cesses; and (e) sums payable on account of village -expenses : (12) “village -cess” includes any cess, contribution or due which is customarily leviable within an estate and is neither a payment for the use of private property or for personal |
72 of the principal Act, in sub -section (1), in clause (c), for the words and figures “Code of Criminal Producer, 1898” the words and figures “the Code of Criminal Procedure, 1973” shall be substituted. [Vide Maharas htra Act VII of 1985, s.21] 1. Subs. by the A.O. 1950, for “Provincial Government”. . Forest -officers deemed public servants. —All Forest -officers shall be deemed to be public servants within the meaning of the Indian Penal Code (45 of 1860). 74. Indemnity for acts done in good faith. —No suit shall lie against any public servant for anything done by him in good faith under this Act. STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs). — Section 74. -For section 74, substitute the following section, namely: - 74. Indemnity for acts done in good faith. —(1) No suit, p rosecution or other legal proceedings shall lie against any public servant for anything done in good faith or omitted to be done likewise, under this Act or the rules or orders made thereunder. (2) No Court shall take cognizance of any offence alleged to h ave been committed by a forest officer while acting or purporting to act in the discharge of his official duty except with the previous sanction of the Government of Union territory of Jammu and Kashmir. [Vide the Jammu and Kashmir Reorganization (Adaptati on of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18 -3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23 -10-2020) .] Uttar Pradesh Substitution of se ction 74—For section 74 of the principal Act, the following section shall be substituted, namely: -- “74. Indemnity for acts done in good faith. —No suit, prosecution or other legal proceeding shall lie against the State Government or any public servant for anything which is in good faith done or intended to be done in pursuance of this Act or rules or orders made thereunder.” [Vide Uttar Pradesh Act 1 of 200 1, s. 1 7] Uttarakhand Substitution of section 74. —For section 74 of the principal |
a Joint Commissioner as defined in claus es (1C) and ( 28C) respectively of section 2 of the Income -tax Act, 1961 (43 of 1961); (5) “attachment” means the prohibition of transfer, conversion, disposition or movement of property, by an order issued under this Act; (6) “authority” means an authority referred to in sub -section ( 1) of section 18; (7) “banking company” means a company to which the provisions of the Banking Regulation Act, 1949 (10 of 1949), applies and includes any bank or banking institution referred to in section 51 of that Act; (8) “benami property” means any property which is the subject matter of a benami transaction and also includes the proceeds from such property; (9) “benami transaction” means, — (A) a transaction or an arrangement — (a) where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and (b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when th e property is held by — (i) a Karta, or a member of a Hindu undivided family, as the case may be, and the property is held for his benefit or benefit of other members in the family and the consideration for such 1. Ins. by Act 43 of 2016, s. 2 (w.e.f. 1 -11-2016). 2. Subs. by s. 3, ibid., for sub -section ( 1) (w.e.f. 1-11-2016). 3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 4. Subs. by Act 43 of 2016, s. 4, for section 2 (w.e.f. 1-11-2016). 5. Subs. by Act 13 of 2021, s. 154, for “appointed under” (w.e.f. 1 -7-2021). property has been provided or paid out of the known sources of the Hindu undivided family; (ii) a person standing in a fiduciary capacity for the benefit of another person towards whom he stands in such capacity and includes a trustee, executor, partner, director |
oil which has an erucic acid content of less than 2% by weight and yielding a solid component which contains less than 30 micromoles of glucosinolates per gram. SECTION -II CHAPTER -12 Tariff Item Description of goods Unit Rate of duty Standard ential Areas Prefer - (1) (2) (3) (4) (5) 1201 SOYA BEANS , WHETHER OR NOT BROKEN 1201 10 00 - Seed kg. 45% 20% 1201 90 00 - Other kg. 45% 20% 1202 GROUND -NUTS , NOT ROASTED OR OTHERWISE COOKED , WHETHER OR NOT SHELLED OR BROKEN 1202 30 - Seed: 1202 30 10 - - - H. P. S. kg. 30% 20% 1202 30 90 1202 41 - -- - - - Other Other: In shell: kg. 30% 20% 1202 41 10 - - - H.P.S. kg. 30% 20% 1202 41 90 - -- Other kg. 30% 20% 1202 42 - - Shelled, whether or not broken: 1202 42 10 - - - Kernels, H.P.S. kg. 30% 20% 1202 42 20 - - - Kernels,other kg. 30% 20% 1202 42 90 - - - Other kg. 30% 20% 1203 00 00 COPRA kg. 70% 60% 1204 LINSEED , WHETHER OR NOT BROKEN 1204 00 - Linseed, whether or not broken: 1204 00 10 --- Of seed quality kg. 30% 20% 1204 00 90 --- Other kg. 30% 20% 1205 RAPE OR COLZA SEEDS , WHETHER OR NOT BROKEN 1205 10 00 - Low erucic acid rape or colza seeds kg. 30% 20% 1205 90 00 - Other kg. 30% 20% 1206 SUNFLOWER SEEDS , WHETHER OR NOT BROKEN 1206 00 - Sunflower seeds, whether or not broken: 1206 00 10 --- Of seed quality kg. 30% 20% 1206 00 90 --- Other kg. 30% 20% 1207 OTHER OIL SEEDS AND OLEAGINOUS FRUITS , WHETHER OR NOT BROKEN 1207 10 - Palm nuts and kernels: 1207 10 10 - - - Palm nuts kg. 30% 20% SECTION -II CHAPTER -12 (1) (2) (3) (4) (5) 1207 10 90 1207 21 00 - - - - - - Palm kernels Cotton seeds : Seed kg. kg. 30% |
conformity with such judgment. 229. (1) Appointments of officers and servants of a High Court shall be made by theChief Justice of the Court or such other Judge orofficer of the Court as he may direct: Provided that the Governor of the State in which the High Court has its principal seat may by rule require that in such cases as may be specified in the rule no person not alreadyattached to the Court shall be appointed to anyoffice connected with the Court save afterconsultation with the State Public ServiceCommission. (2) Subject to the provisions of any law made by the Legislature of the State, the conditions ofservice of officers and servants of a High Courtshall be such as may be prescribed by rules madeby the Chief Justice of the Court or by someother Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose: Provided that the rules made under this clause shall, so far as they relate to salaries, allowances,leave or pensions, require the approval of theGovernor of the State in which the High Court has its principal seat. (3) The administrative expenses of a High Court, including all salaries, allowances andpensions payable to or in respect of the officersand servants of the Court, shall be charged upon the Consolidated Fund of the State, and any fees or other moneys taken by the Court shall formpart of that Fund.Officers andservants and the expensesof High Courts. CONSTITUTION AMENDMENT IN INDIA 1023 230. Parliament may by law— (a) extend the jurisdiction of a High Court to, or (b) exclude the jurisdiction of a High Court from, any State specified in the First Schedule other than, or any area not within, the State in whichthe High Court has its principal seat. 231. Where a High Court exercises jurisdiction in relation to any area outside theState in which it has its principal seat, nothing inthis Constitution shall be construed— (a) as empowering the Legislature of the State in which the Court has its principalseat to increase, restrict or abolish thatjurisdiction; (b) as empowering the Legislature of |
substantial question of law of general importance; and (ii) that the question needs to be decided by the Supreme Court. Originally , only those civil cases that involved a sum of ₹ 20,000 could be appealed before the Supre me Court. But this monetary limit was removed by the 30th Constitutional Amendment Act of 1972. (c) Criminal Matters The Supreme Court hears appeals against the judgement in a criminal proceeding of a high court if the high court– (i) has on appeal reversed an order of acquittal of an accused perso n and sentenced him to death; or (ii) has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death; or (iii) certifies that the case is a fit one for appeal to the Supreme Court. In the first two cases, an appeal lies to the Supreme Court as a matter of right (ie, without any certificate of the high court). But if the high court has reversed the order of conviction and has ordered the acquittal of the accused, there is no right to appeal to the Supreme Court. In 1970, the Parliament had enlar ged the Criminal Appellate Jurisdiction of the Supreme Court. Accordingly , an appeal lies to the Supreme Court from the judgement of a high court if the high court: (i) has on appeal, reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or for ten years; or (ii) has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to imprisonment for life or for ten years. Further , the appellate jurisdiction of the Supreme Court extends to all civil and crimina l cases in which the Federal Court of India had jurisdiction to hear appeals from the high court but which are not covere d under the civil and criminal appellate jurisdiction of the Supreme Court mentioned above. (d) Appeal by Special Leave The Supreme Court is authorised to grant in its discretion special leave to appeal from any judgement |
The words “transportation or” omitted by s. 7, ibid. (w.e.f. 10 -5-2022). 9. Subs. by Act 15 of 1959, s. 7, for clause ( vi) (w.e.f. 1-7-1959). 10. Subs. by Act 9 of 2006, s. 6, for sub -section ( 2) (w.e.f. 5 -9-2006). (a) not more than thirty -two persons elected by the members of the Institute from amongst the fellows of the Institute chosen in such manner and from such regional constituencies as may be specified: Provided that a fellow of the Institute, who has been found guilty of any professional or other misconduct a nd whose name is removed from the 1[Register of members] or has been awarded penalty of fine, shall not be el igible to contest the election, — (i) in case of misconduct falling under the First Schedule of this Act, for a period of 2[four years ]; (ii) in case of misconduct falling under the Second Schedule of this Act, for a period of 3[eight years ], from the completion of the period of removal of name from the 1[Register of members] or payment of fine, as the case may be; (b) not more than eight persons to be nominated in the specified manner, by the Central Government.] 4[(3) No person holding a post under the Central Government or a State Government shall be eligible for election to the Council under clause ( a) of sub -section ( 2). (4) No 5[membe r of the Institute or any partner of a firm ] who has been auditor of the Institute shall be eligible for election to the Council under clause ( a) of sub -section ( 2), for a period of 6[four years ] after he ceases to be an auditor.] 7[9A. Coordination Committee .—(1) There shall be a Coordination Committee consisting of the President, Vice -President and the Secretary of the Council of each of the Institutes of Chartered Accountants of India, the Cost Accountants of India and the Company Secretaries of In dia for the development and harmonisation of the professions of Chartered Accountants, Cost Accountants and Company Secretaries. (2) The |
Chapter: 2
Section: 25
Section Title: When day of maturity is a holdiay
Description:
When the day on which a promissory note or bill of exchange is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding business day. |
than fifteen years in such field, out of which at least seven years shall be as the Head of a Department or the Head of an Institute or an organisation. (5) The second whole -time Member of the Nursing and Midwifery Ethics and Registration Board, to be appointed by the Central Government on the recommendations of the Sear ch-cum-Selection Committee constituted under section 5, shall be a person of outstanding ability who has demonstrated public record of work on nursing or medical ethics or a person of outstanding ability possessing a postgraduate degree in any of the disci plines of quality assurance, public health, law or patient advocacy from any University and having experience of not less than fifteen years in such field, out of which at least seven years shall be as the Head of a Department or the Head of an Institute o r an organisation. (6) The second part -time Member of the Nursing and Midwifery Assessment and Rating Board, the Nursing and Midwifery Ethics and Registration Board and the Nursing and Midwifery Undergraduate and Postgraduate Education Board, shall be chos en from amongst the nursing and midwifery Members representing the State Commissions under clause (h) of section 4, in such manner as may be prescribed. 13. Term of office and conditions of service of President and Members. —(1) The President and the whole -time Members of each Autonomous Board shall hold office for a term not exceeding four years and shall not be eligible for any extension or reappointment: Provided that the part -time Members of each Autonomous Board shall hold the office for a term of two years: Provided further that a Member should be less than sixty -five years of age on the date of application for the office of Member. (2) The vacancies of each Autonomous Board shall be filled in such manner as may be prescribed. (3) The salaries and all owances payable to, and other terms and conditions of service of the President and the whole -time Members of an Autonomous Board shall be such as may be prescribed. (4) Every |
the confidentiality of samples transferred for analysis off-site is protected. The Director -General shall do so in accordance with procedures, to be considered and appro ved by the Conference pursuan t to Article VIII, paragraph 21 (i), for inclusion in the inspection manual. He shall: (a) Establish a stringent regime governing the collection, handling, transport and analysis of samples; (b) Certify the laboratories designated to perform different types of analysis; (c) Oversee the standardization of equipment and procedures at these designated laboratories, mobile analytical equipment and procedures, and monitor quality control and overall standards in relation to th e certification of these laboratories, mobile equipment and procedures; and (d) Select from among the designated laboratories those which shall perform analytical or other functions in relation to specific investigations. 57. When off -site analysis is to b e performed, samples shall be analysed in at least two designated laboratories. The Technical Secretariat shall ensure the expeditious processing of the analysis. The samples shall be accounted for by the Technical Secretariat and any unused samples or por tions thereof shall be returned to the Technical Secretariat. 58. The Technical Secretariat shall compile the results of the laboratory analysis of samples relevant to compliance with this Convention and include them in the final inspection report. The Tec hnical Secretariat shall include in the report detailed information concerning the equipment and methodology employed by the designated laboratories. Extension of inspection duration 59. Periods of inspection may be extended by agreement with the represent ative of the inspected State Party. Debriefing 60. Upon completion of an inspection the inspection team shall meet with representatives of the inspected State Party and the personnel responsible for the inspection site to review the preliminary findings of the inspection team and to clarify any ambiguities. The inspection team shall provide to the representatives of the inspected State Party its preliminary findings in written form according to a standardized format, together with a list of any samples and copies of written information and data gathered and other material to be taken off -site. The document shall be signed by the |
lividus, Loxechinus albus, Echinus esculentus) : 0308 21 00 -- Live, fresh or chilled kg. 30% - 0308 22 00 -- Frozen kg. 30% - 0308 29 00 -- Other kg. 30% - 0308 30 - Jellyfish (Rhopil ema spp.): --- Live, fresh or chilled kg. 30% - 0308 30 20 0308 30 90 --- --- Dried, salted or frozen Other kg. kg. 30% 30% - - 0308 90 00 - Other kg. 30% - 0309 0309 10 - FLOURS, MEALS AND PELLETS OF FISH, CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES, FIT FOR HUMAN CONSUMPTION Of fish: 0309 10 10 --- Fresh or chilled kg. 30% - 0309 10 20 --- Frozen kg. 30% - 0309 10 30 --- Salted, in brine, dried or smoked kg. 30% - 0309 10 90 --- Other kg. 30% - 0309 90 - Other --- Of crustaceans, fresh or chilled: 0309 90 11 ---- Vannamei shrimp (Litopenaeus vannamei ) kg. 30% - 0309 90 12 ---- Indian white shrimp (Fenneropenaeus indicus ) kg. 30% - 0309 90 13 ---- Black tiger shrimp (Penaeus monodon ) kg. 30% - 0309 90 14 ---- Flower shrimp (Penaeus semisulcatus ) kg. 30% - 0309 90 19 ---- Other kg. 30% - --- Of crustaceans, frozen: 0309 90 21 ---- Vannamei shrimp (Litopenaeus vannamei ) kg. 30% - 0309 90 22 ---- Indian white shrimp (Fenneropenaeus indicus ) kg. 30% - 0309 90 23 ---- Black tiger shrimp (Penaeus monodon ) kg. 30% - 0309 90 24 ---- Flower shrimp (Penaeus semisulcatus ) kg. 30% - 0309 90 29 ---- Other kg. 30% - --- Of crustaceans, salted, in brine, dried or smoked: 0309 90 31 ---- Vannamei shrimp (Litopenaeus vannamei ) kg. 30% - 0309 90 32 ---- Indian white shrimp (Fenneropenaeus indicus ) kg. 30% - 0309 90 33 ---- Black tiger shrimp (Penaeus monodon ) kg. 30% - 0309 90 34 ---- Flower shrimp (Penaeus semisulcatus ) kg. 30% - 0309 90 39 ---- Other kg. 30% - 0309 90 40 --- Of crustaceans, other kg. 30% - 0309 90 50 --- Of molluscs, fresh |
submitted at any time after the receipt of the report of the Director General under sub -section ( 4) of section 26 but prior to such time before the passing of an order under secti on 27 or section 28 as may be specified by regulations. (3) The Commission may, after taking into consideration the nature, gravity and impact of the contraventions, agree to the proposal for settlement, on payment of such amount by the applicant or on such other terms and manner of implementation of settlement and monitoring as may be specified by regulations. (4) While considering the proposal for settlement, the Commission shall provide an opportunity to the party concerned, the Director General, or any other party to submit their objections and suggestions, if any. (5) If the Commission is of the opinion that the settlement offered under sub -section ( 1) is not appropriate in the circumstances or if the Commission and the party concerned do not reach an a greement 1. Subs. by Act 9 of 2023 , s. 35, for section 48 (w.e.f. 6 -3-2024). on the terms of the settlement within such time as may be specified by regulations, it shall, by order, reject the settlement application and proceed with its inquiry under section 26. (6) The procedure for conducting the settlement proceedings un der this section shall be such as may be specified by regulations. (7) No appeal shall lie under section 53B against any order passed by the Commission under this section. (8) All settlement amounts, realised under this Act shall be credited to the Consoli dated Fund of India. 48B. Commitment. —(1) Any enterprise, against whom any inquiry has been initiated under sub - section ( 1) of section 26 for contravention of sub -section ( 4) of section 3 or section 4, as the case may be, may submit an application in writi ng to the Commission, in such form and on payment of such fee as may be specified by regulations, offering commitments in respect of the alleged contraventions stated in the Commission's order under sub -section ( 1) |
64. The Tripura Land Revenue and Land Reforms Act, 1960 (Central Act 43 of 1960). Explanation .—Any acquisition made under the Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955), in contravention of the second proviso to clause (1) of article 31A shall, to the extent of the contravention, be void ”. XVIII THE CONSTITUTION (EIGHTEENTH AMENDMENT) ACT, 1966 An Act further to amend the Constitution of India [27th August, 1966] BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows: 1. This Act may be called the Constitution (Eighteenth Amendment) Act, 1966.Short title. CONSTITUTION AMENDMENT IN INDIA 2. In article 3 of the Constitution, the following Explanations shall be inserted at the end, namely:— “Explanation I— In this article in clauses (a) to (e), “State” includes a Union territory, but in the proviso, “State” does not include a Union territory. Explanation II—The power conferred on Parliament by clause (a) includes the power to form a new State or Union territory byuniting a part of any State or Union territory to any other State or Union territory”. XIX THE CONSTITUTION (NINETEENTH AMENDMENT) ACT, 1966 An Act further to amend the Constitution of India [11th December, 1966] B E it enacted by Parliament in the Seventeenth Year of the Republic of India a follows:— 1. This Act may be called the Constitution (Nineteenth Amendment) Act, 1966. 2. In article 324 of the Constitution, in clause (1), the words “including the appointment of election tribunals for the decision of doubts and disputes arising out of or in connectionwith elections to Parliament and to the Legislatures of States” shall be omitted. XX THE CONSTITUTION (TWENTIETH AMENDMENT) ACT, 1966 An Act further to amend the Constitution of India [22nd December, 1966] BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Twentieth Amendment) Act, 1966.Amend- ment ofarticle 3. Short title. Amend- ment of article 324. Short title. CONSTITUTION AMENDMENT IN INDIA 441 2. After article 233 of the Constitution, the following article shall be |
there after, the person shall be transferred to a jail: Provided that the reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided t o the child during the period of his stay in the place of safety. (4) The Children ’s Court shall ensure that there is a periodic follow up report every year by the probation officer or the District Child Protection Unit or a social worker, as required, to evaluate the progress of the child in the place of safety and to ensure that there is no ill -treatment to the child in any form. (5) The reports under sub -section ( 4) shall be forwarded to the Children ’s Court for record and follow up, as may be required. 20. Child attained age of twenty -one years and yet to complete prescribed term of stay in place of safety .—(1) When the child in conflict with the law attains the age of twenty -one years and is yet to complete the term of stay, the Children ’s Court shall provide for a follow up by the probation officer or the District Child Protection Unit or a social worker or by itself, as required, to evaluate if such child has undergone reformative changes and if the child can be a contributing member of the society an d for this purpose the progress records of the child under sub -section ( 4) of section 19, along with evaluation of relevant experts are to be taken into consideration. (2) After the completion of the procedure specified under sub -section ( 1), the Children ’s Court may — (i) decide to release the child on such conditions as it deems fit which includes appointment of a monitoring authority for the remainder of the prescribed term of stay; (ii) decide that the child shall complete the remainder of his term in a jail: Provided that each State Government shall maintain a list of monitoring authorities and monitoring procedures as may be prescribed. 21. Order that may not be passed against |
of A. (b) Both A and R are true but R is not a correct explanation of A. (c) A is true but R is false. (d) A is false but R is true. 106. Assertion: Under the Constitution, the Chief Minister holds of fice till the pleasure of the Governor . Reason: The Chief Minister is appointed by the Governor . 107. Assertion: Lord Ripon’ s Resolution of 1882 was hailed as the ‘Magna Carta’ of local government. Reason: Lord Ripon is regarded as the ‘father of local self-government in India.’ 108. Assertion: The 73rd amendment to the Constitution gives a constitutional status to the Gram Sabha. Reason: The Balvantray Mehta Committee report made a formal mention of the Gram Sabha. 110. Assertion: The Governor shall hold office during the pleasure of the President. Reason: The Governor of a state shall be appointed by the President India. Matching Pattern Match List-I with List-II and select the correct answer by using the codes given below the lists. 111. List-I List-II A. Deliberative or ganisation B. Formal head C. Management1. Commissioner 2. Standing Committee 3. Mayor D. Executive body 4. Council Codes: ABCD (a) 4231 (b) 3214 (c) 2314 (d) 4321 112. List-I (States) List-II (Governor ’s special responsibilities) A. Madhya Pradesh B. Gujarat C. Nagaland D. Assam1. Law and order 2. Administration of tribal areas 3. Development of backward areas 4. Minister for T ribal W elfare 5. Hill Areas Committee working Codes: ABCD (a) 3425 (b) 2143 (c) 4312 (d) 5324 113. List-I (Committees) List-II (Setup on) A. G.V.K. Rao Committee B. Balvantray Mehta Committee C. L.M. Singhvi Committee D. Ashok Mehta Committee1. Panchayati Raj institutions 2. Revitalisation of PRIs for democracy and development 3. Existing administrative arrangements for Rural Development and Poverty Alleviation Programmes. 4. Community Development Programme and National Extension Service. 5. Panchayati Raj elections Codes: ABCD (a) 4312 (b) 4321 (c) 3421 (d) 3412 114. The Governor of a state: 1. Possesses executive, legislative and judicial powers analogous to the President. 2. Has to act with the aid and advice of the council of ministers always. |
Vide sub-section (1) and subsequent Government of India notifications, the IPC will be repealed on 1st July 2024. However, sub -sections (2) to (4) stipulate savings related to the repealed code. © Anil Kishore Yadav, IPS, Director, CAPT Bhopal |
portion of it (Rule 71/6) in an affidavit filed in Court. Secondly, respondent No. 2 had obtained a portion of the Blue Book (Rule 71/6) and had produced it in court along with her written statement in the case and thirdly that Shri Jyotirmoy Bosu, a Member of Parliament had referred to this particular rule in Parliament. 55. Having regard to the view of the High Court that since the privilege was not claimed in the first instance by an affidavit of the minister or of the head of the department concerned, the privilege could not thereafter be asserted and that no inquiry into the question whether the disclosure of the document would injure public interest can be conducted by the court when privilege is claimed, it is necessary to see the scope of Section 123 and Section 162 of the Evidence Act. . The ancient proposition that the public has a right to every man’s evidence has been reiterated by the Supreme Court of U. S. A. in its recent decision in United States v. Nixon. This duty and its equal application to the Executive has never been doubted except in cases where it can legitimately claim that the evidence in its possession relates to secret affairs of State and cannot be disclosed without injury to public interest. 57. The foundation of the so-called privilege is that the information cannot be disclosed without injury to public interest and not that the document is confidential or official which alone is no reason for its non-production. In Duncan v. Cammell Laird & Co., Lord Simon said that withholding of documents on the ground that their publication would be contrary to the public interest is not properly to be regarded as a branch of the law of privilege connected with discovery and that ‘Crown privilege’ is, for this reason, not a happy expression. 58. Dealing with the topics of exclusion of evidence on the ground of ‘state interest’, Cross says that this head of exclusion of evidence differs from privilege, as privilege can be waived, but that an objection on the score |
Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Co uncil.] (2) The disciplinary co mmittee of a State Bar Council 4*** shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate -General of the State. (3) The disciplinary committe e of a State Bar Council after giving the advocate concerned and the Advocate -General an opportunity of being heard, may make any of the following orders, namely: ― (a) dismiss the complaint or, where the proceedings were initiated at the instance of the S tate Bar Council, direct that the proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may deem fit; (d) remove the name of the advocate from the State roll of advocates. (4) Where an advocate is suspended from practice under clause ( c) of sub -section ( 3), he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in India. (5) Where any notice is issued to the Advocate -General under sub -section ( 2), the Advocate -General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. 5[Explanation .―In this section, 3[section 37 and section 38], the expressions “Advoca te-General ” and “Advocate -General of the State ” shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India.] 36. Disciplinary powers of Bar Council of India .―(1) Where on receipt of a complaint or otherwise the Bar C ouncil of India has reaso n to believe that any advocate 6*** whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary |
from the date of publication of grant of a patent, any person interested may give notice of opposition to the Controller in the prescribed manner on any of the following grounds, namely: — (a) that the patentee or the person under or through whom he claims, wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the complete sp ecification has been published before the priority date of the claim — (i) in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January, 1912; or (ii) in India or elsewhere, in any other document: Provided that the ground specified in sub -clause ( ii) shall not be available where such publication does not constitute an anticipation of the invention by virtue of sub -section ( 2) or sub-section ( 3) of section 29; (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India, being a claim of which the pr iority date is earlier than that of the claim of the patentee; (d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim. Explanation .—For the pur poses of this clause, an invention relating to a process for which a patent is granted shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported i nto India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the |
a holder of other specified securities receives any consideration from any company for purchase of its own shares or other specified securities held by such shareholder or holder of other specified securities, then, subject to the provisions of section 48 , the difference between the cost of acquisition and the value of consideration received by the shareholder or the holder of other specified securities, as the case may be, shall be deemed to be the capital gains arising to such sh areholder or the holder of other specified securities, as the case may be, in the year in which such shares or other specified securities were purchased by the company. Explanation .—For the purposes of this section, “specified securities” shall have the me aning assigned to it in Explanation to section 77A of the Companies Act, 1956 (1 of 1956).] 47. Transactions not regarded as transfer .—Nothing contained in section 45 shall apply to the following transfers: — (i) any distribution of capital assets on the total or partial partition of a Hindu undivided family; 2* * * * * (iii) any transfer of a capital asset under a gift or will or an irrevocable trust : 3[Provided that this clause shall not apply to transfer und er a gift or an irrevocable trust of a capital asset being shares, debentures or warrants allotted by a company directly or indirectly to its employees under 4[any Employees’ Stock Option Plan or Scheme of the company offered to such employees in accordanc e with the guidelines issued by the Central Government in this behalf];] (iv) any transfer of a capital asset by a company to its subsidiary company, if — (a) the parent company or its nominees hold the whole of the share capital of the subsidiary company, and (b) the subsidiary company is an Indian company; 5[(v) any transfer of a capital asset by a subsidiary company to the holding company, if — (a) the whole of the share capital of the subsidiary company is held by the holding company, and (b) the hold ing company is an Indian company:] 1. |
Chapter: 24
Section: 316
Section Title: No influence to be used to induce disclosure
Description:
Except as provided in sections 306 and 307 no influence by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge. |
may extend to imprisonment for life and shall also be liable with fine which shall not be less than five crore rupees and which may extend to ten crore rupees.] 23. Enhanced penalties .—(1) 1[If any person with intent to aid any terrorist or terrorist organisation or a terrorist gang contravenes] any provision of, or any rule made under the Explosives Act, 1884(4 of 1884) or the Explosive Substances Act, 1908(6 of 1908) or the Inflammable Subs tances Act, 1952(20 of 1952) or the Arms Act, 1959(54 of 1959), or is in unauthorised possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon or substance capable of mass destruction or biological or 2[chemical substance of warfare or high quality counterfeit Indian currency, he shall], notwithstanding anything contained in any of the aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (2) 3[Any person who with the intent to aid any terrorist , or a terrorist o rganisation or a terrorist gang ], attempts to contravene or abets, or does any act preparatory to contravention of any provision of any law or rule specified in sub -section ( 1), shall be deemed to have contravened that provision under sub-section ( 1) and the provisions of that sub -section in relation to such person, have effect subject to the modification that the ref erence to “imprisonment for life ” therein shall be construed as a reference to “imprisonment for ten years ”. CHAPTER V FORFEITURE OF PROCEEDS OF TERRORISM 4[OR ANY PROPERTY INTENDED TO BE USED FOR TERRORISM ] 5[24. Reference to proceeds of terrorism to include any property intended to be used for terrorism .—In this Chapter, unless the context otherwise requires, all references to “proceeds of terrorism ” shall include any property int ended to be used for terrorism. 24A. Forfeiture of proceeds of terrorism .—(1) No person shall hold or be in possession of any proceeds of terrorism. |
Section 51: Special provisions regarding motor vehicle subject to hire-purchase agreement, etc
Description:
(1) Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or hypothecation agreement (hereafter in this section referred to as the said agreement) is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement.
(2) Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the 1[last registering authority] shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration 2[and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority].
(3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the 1[last registering authority] on proof of the termination of the said agreement by the parties concerned on an application being made in such form as the Central Government may prescribe 2[and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority].
(4) No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement.
(5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle 3[from the registered owner] owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement:
Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee:
Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force.
(6) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark 4[under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate).
Explanation.-- For the purposes of this sub-section and sub-sections (8) and (9), "appropriate authority" in relation to any permit means the authority which is authorised by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark.
(7) Within seven days of the receipt of an application under sub-section (6), the financier may issue, or refuse for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier.
(8) The registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under sub-section (14) of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has been obtained, the communication received from the financier under that sub-section, or, as the case may be a declaration that he has not received any communication from the financier within the period of seven days specified in that sub-section.
(9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this Act,--
(a) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either--
(i) renew or refuse to renew the permit, or
(ii) issue or refuse to issue the duplicate certificate of registration, or
(iii) assign or refuse to assign a new registration mark;
(b) in any other case,
(i) renew the permit, or
(ii) issue duplicate certificate of registration, or
(iii) assign a new registration mark.
(10) A registering authority making an entry in the certificate of registration regarding--
(a) hire-purchase, lease or hypothecation agreement of a motor vehicle, or
(b) the cancellation under sub-section (3) of an entry, or
(c) recording transfer of ownership of motor vehicle, or
(d) any alteration in a motor vehicle, or
(e) suspension or cancellation of registration of a motor vehicle, or
(f) change of address,
shall communicate 5[by registered post acknowledgment due] to the financier that such entry has been made.
6[(11) A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction.
(12) The registering authority where it is not the original registering authority, when making entry under sub-section (1) or sub-section (2), or cancelling the said entry under sub-section (3) or issuing the fresh certificate of registration under sub-section (5) shall communicate the same to the original registering authority.] |
forthe purpose in either House of Parliament, andwhen the Bill is passed in each House by amajority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting,it shall be presented to the President for his assentand upon such assent being given to the Bill, theConstitution shall stand amended in accordancewith the terms of the Bill: Provided that if such amendment seeks to make any change in— (a) article 54, article 55, article 73, article 162 or article 241, or (b) Chapter IV of Part V , Chapter V of Part VI, or Chapter I of Part XI, or (c) any of the Lists in the Seventh Schedule, or (d) the representation of States in Parliament, or (e) the provisions of this article, the amendment shall also require to be ratified by the Legislatures of not less than one-half ofthe States specified in Parts A and B of the FirstSchedule by resolutions to that effect passed by those Legislatures before the Bill making provision for such amendment is presented tothe President for assent.Procedure foramend- ment of theConstitu- tion. 1120 PART XXI TEMPORARY AND TRANSITIONAL PROVISIONS 369. Notwithstanding anything in this Constitution, Parliament shall, during a periodof five years from the commencement of thisConstitution, have power to make laws withrespect to the following matters as if they wereenumerated in the Concurrent List, namely:— (a) trade and commerce within a State in, and the production, supply anddistribution of, cotton and woollentextiles, raw cotton (including ginnedcotton and unginned cotton or kapas ), cotton seed, paper (including newsprint),food-stuffs (including edible oilseedsand oil), cattle fodder (including oil-cakes and other concentrates), coal(including coke and derivatives of coal),iron, steel and mica; (b) offences against laws with respect to any of the matters mentioned in clause ( a), jurisdiction and powers of all courtsexcept the Supreme Court with respectto any of those matters, and fees inrespect of any of those matters but notincluding fees taken in any court; but any law made by Parliament, which Parliament would not but for the provisions ofthis article |
so depositing, whose money shall have been credited as aforesaid, shall prove before a competent Civil Court that the deposit was made in order to protect an intere st of the said person, which would have been endangered or damaged by the sale, or which he believed in good faith would have been endangered or damaged by the sale, he shall be entitled to recover the amount of the deposit, with or without interest as the Court may determine, from the defaulting proprietor, And if the party so depositing, whose money shall have been credited as aforesaid, shall prove before such a Court that the deposit was necessary in order to protect any lien he had on the estate or sha re or part thereof, the amount so credited shall be added to the amount of the original lien. X. Separation of sharesheld in common, by the opening of a separate account .—When a recorded sharer of a joint estate, held in common tenancy, desires to pay his shares of the government revenue separately , he may submit to the Collector a written application to that effect. The application must contain a specification of the share held in the estate by the applicant. The Collector shall then cause to be published in his own Office, in the Court of the Judge, Magistrate (or Join Magistrate, as the case may be,) and Moonsiffs, and in the Police Thannahs in whose jurisdiction the estate or any part thereof is situated, as well as on som e conspicuous part of the estat e itself, a copy of the application made to him. If, within six weeks from the date of the publication of these notices, no objection is made by any other recorded sharer, the Collecto r shall open a separate account with the applicant, and shall credit sep arately to his share all paym ents made by him on account of it. The date on which the collector his sanction to the opening of a separate account, shall be held to be that from which the separate liabilities of the share of |
the case of jewellery recognised by the Central Government as aforesaid, such recognition shall be subject to the following conditio ns, namely :— (i) that the jewellery shall be perm anently kept in India and shall not be removed outside India except for a purpose and period approved by the Board; (ii) that reasonable steps shall be taken for keeping the jewellery substantially in its original shape; (iii) that reasonable facilities sh all be allowed to any officer of Government authorised by the Board in this behalf to examine the jewellery as and when necessary; and (iv) that if any of the conditions hereinbefore specified is not being duly fulfilled, the Board may, for reasons to be r ecorded in writing, withdraw the recognition retrospectively with effect from the date of commencement of clause ( b) of section 5 of the Rulers of Indian States (Abolition of Privileges) Act, 1972 (54 of 1972) , and in such a case, wealth -tax shall become payable by the Ruler for all the assessment years after such commencement for which the jewellery was exempted on account of the recognition. Explanation. —For the purposes of clause ( iv) of the foregoing proviso, the fair market value of any jewellery on the date of the withdrawal of the recognition in respect thereof shall be deemed to be the fair market value of such jewellery on each successive valuation date relevant for the assessment years referred to in the said proviso: Provided further that th e aggregate amount of wealth -tax payable in respect of any jewellery under clause ( iv) of the foregoing proviso for all the assessment years referred to therein shall not in any case exceed fifty per cent . of its fair market value on the valuation date rel evant for the assessment year in which recognition was withdrawn;] 3* * * * * 4[5[(v)] in the case of an assessee, being a person of Indian origin 6[or a citizen of India (hereafter in this clause referred to as such person)] who was ordinarily residing in a foreign country and who, on |
served out only one month’s sentence. He was originally sentenced by the trial court on April 17, 1967, for the offence committed as far back as 1964. The proceedings against him have lasted for more than .8 years. He was released on bail by this Court in January, 1970. To send him back to jail now after the lapse of so many years for serving out the remaining period of sentence seems to us on the facts and circumstances of this case to be somewhat harsh. The offence of attempted exertion undoubtedly reflects to some extent anti-social depravity of mind but the attempt did not succeed. We, therefore, consider that on the facts and circumstances of this case the ends of substantial justice would be amply met if we now reduce the sentence of imprisonment to that already undergone but also imposa fine of Rs 700 and in default of payment of fine direct that he undergoes rigorous imprisonment for a period of three months. We order accordingly. The appeal is thus accepted in part as just stated. * * * * * R.S. Maddanappa v. Chandramma (1965) 3 SCR 283 MUDHOLKAR, J. - This is an appeal by Defendants 3 to 8 from a decision of the High Court of Mysore passing a decree in favour of Respondent 1 who was Defendant 1 in the trial court, for possession of half the property which was the subject-matter of the suit and also allowing future mesne profits. 2. The relevant facts are briefly these: The plaintiff who is the elder sister of the first defendant instituted a suit in the Court of the District Judge, Bangalore for a declaration that she is the owner of half share in the properties described in the schedule to the plaint and for partition and separate possession of half share and for mesne profits. According to her the suit property was the absolute property of her mother Puttananjamma, and upon her death this property devolved on her and the first defendant as her mother’s heirs. Since, according to her, the first defendant did not |
2. Ins. by Act 17 of 2022, s. 5 (w.e.f. 6 -12-2022). (viii) to appoint persons working in any other University or academic institution, including those located outside the country, as teachers of the University for a specified period; (ix) to create administrative, ministerial and other posts and to make appointment s thereto; (x) to co -operate or collaborate or associate with any other University or authority or institution of higher learning, including those located outside the country, in such manner and for such purposes as the University may deter mine ; (xi) to establish such center s and speciali sed laboratories or other units for research and instruction as are, in the opinion of the University, necessary for the furtherance of its objects; (xii) to institute and award fellowships, scholarship s, studentships, medals and prizes; (xiii) to establish and maintain colleges, Institutions and Halls; (xiv) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions, industrial or other organi sations, as the University may deem necessary; (xv) to organise and conduct refresher courses, workshops, seminars and other programme s for teachers, evaluators and other academic staff; (xvi) to appoint on contract or otherwise visiting Professors, Emeritus Profess ors, Consultants and such other persons who may contribute to the advancement of the objects of the University; (xvii) to confer autonomous status on a College or an Institution or a Department, as the case may be, in accordance with the Statutes ; (xviii) to determine standards of admission to the University, which may include examination, evaluation or any other method of te sting; (xix) to demand and receive payment of fees and other charges; (xx) to supervise the residences of the students of the University and to make arrangements for promoting t heir health and general welfare ; (xxi) to lay down conditions of service of all categories of employees, including their code of conduct; (xxii) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by |
Section 70: [Repealed]
Description:
[Rules of Procedure.] — Rep. by s. 7 ibid. |
Section 330: Description of IPC Section 330
According to section 330 of Indian penal code, Whoever voluntarily causes hurt, for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
IPC 330 in Simple Words
Section 330 of the Indian Penal Code states that if someone voluntarily causes hurt to another person with the purpose of extorting a confession, information, property, or valuables, they can be punished with imprisonment for up to seven years and may also be fined. Voluntarily causing hurt to extort confession or information of property, etc. 7 Years + Fine Cognizable Bailable Magistrate First Class |
in any paper. But if in any paper a candidate obtains less than 25 per cent of marks, those marks shall not be included in the aggregate. In other words, in the case of the appellant, who has obtained 364 marks out of 900 on the aggregate, his 13 marks in one of the papers being less than 25 per cent have to be excluded. His aggregate marks, therefore, come to 35 1 out of 900 marks according to this Regulation. They are admittedly more than 36 per cent as required by the said Regulation for passing the M.A. examination. I may reproduce the said Regulation here: 10. The minimum marks that a candidate shall obtain to have passed shall be thirty six per cent in the aggregate of all the theory papers taken together in the case of M.A./ M.Com.and in the case of M.Sc. thirty six per cent in the aggregate of all the theory papers taken together and forty per cent in the aggregate of all the practical papers taken together. Provided further that no minimum pass marks shall be required in any paper but if in any paper a candidate obtains less than twenty five per cent of marks then these shall not be included in the aggregate. 8. Even though, therefore, for admission to the Law course there is no requirement of any particular marks for post-graduate students like the appellant, and the appellant is entitled to be admitted under Regulation 1 in Chapter VIII of the said Regulations quoted earlier, the appellant satisfies the other qualification as well, viz., he has passed the M.A. examination with 36 per cent in the aggregate deducting 13 marks in one of the papers and is, there- fore, duly qualified to be admitted to the Law course. 9. Mr. Misra appearing for the respondents, however, contended firstly that the qualifying marks for admission as per Regulation 1 of Chapter VIII even for post-graduate students was 40 per cent or more than 39.5 per cent and since the appellant admittedly did not secure more than 39.5 per cent marks |
Section 79: Grant of goods carriage permit
Description:
(1) A Regional Transport Authority may, on an application made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
Provided that no such permit shall be granted in respect of any area or route not specified in the application.
(2) The Regional Transport Authority, if it decides to grant a goods carriage permit, may grant the permit and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely:--
(i) that the vehicle shall be used only in a specified area or on a specified route or routes;
(ii) that the gross vehicle weight of any vehicle used shall not exceed a specified maximum;
(iii) that goods of a specified nature shall not be carried;
(iv) that goods shall be carried at specified rates;
(v) that specified arrangement shall be made for the housing, maintenance and repair of the vehicle and the storage and safe custody of the goods carried;
(vi) that the holder of the permit shall furnish to the Regional Transport Authority such periodical returns, statistics and other information as the State Government may, from time to time, prescribe;
(vii) that the Regional Transport Authority may, after giving notice of not less than one month,--
(a) vary the conditions of the permit;
(b) attach to the permit further conditions;
(viii) that the conditions of the permit shall not be departed from, save with the approval of the Regional Transport Authority;
(ix) any other conditions which may be prescribed.
(3) The conditions referred to in sub-section (2) may include conditions relating to the packaging and carriage of goods of dangerous or hazardous nature to human life. |
as regards payment for the cotton. (b) A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A ’s mo neys remaining in B ’s hands. B buys 1,000 bales of cotton in A ’s name, and so as not to render himself personally liable for the price. A can revoke B ’s authority to pay for the cotton. 205.Compensation for revocation by principal, o r renunciation by agent .—Where there is an express or implied contract that the agency should be continued for any period of time, the principal must make compensation to the agent, or the agent to the principal, as the case may be, for any previous revocation or renunciation of the a gency without sufficient cause. 206. Notice of revocation or renunciation .—Reasonable notice must be given of s uch revocation or renunciation, otherwise the damage thereby resulting to the principal or the agent, as the case may be, must be mad e good to the one by the other. 207.Revocation and renunciatio n may be expressed or implied .—Revocation and renunciation may be expressed or may be implied in the conduct of the p rincipal or agent respectively. Illustration A empowers B to let A ’s house. Afterwards A lets it himself. This is an implied revocation of B’s authority. 208.When termination of agent ’s authority takes effect as to agent, and as to third persons .— The termination of the authority of an agent does not, so far as regards th e agent, take effect before it becomes known to him, or, so far as regards third persons, b efore it becomes known to them. Illustrations (a) A directs B to sell goods for him, and agrees to give B five per cent. commission on the price fetched by the goods. A afterwards, by letter, revoke B ’s authority. B, after the letter is sent, but before he receives it, sells the goods for 100 rupees. The sale is binding on A, and B is entitled to five rupees as his commission. (b) A, |
cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties t o the conflict. The Parties to the conflict should further endeavor to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Article 4 Prisoners of war. —A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: — (1) Members of the armed forces of a Party to the conflict as well as members of militaries or volunteer corps forming part of such armed forces. (2) Members of other militias and memb ers of other volunteer corps, including those of organized resistance movements, belonging to a party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, inclu ding such organi sed resistance movements, fulfil the following conditions: — (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power. (4) Persons who accompany the armed fo rces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that t hey have received authori sation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the |
of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley. Explanation.— The expression “law of a State in force” in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas. (2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order. 289. Exemption of property and income of a State from Union taxation.—(1) The property and income of a State shall be exempt from Union taxation. THE CONSTITUTION OF INDIA (Part XII. —Finance, Property, Contracts and Suits) 166 (2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith. (3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which Parliament may by law declare to be incidental to the ordinary functions of Government. 290. Adjustment in respect of certain expenses and pensions .— |
in evidence, relied upon and made a basis for conviction and sentence of the accused. In that statement, admittedly recorded after 11 days of the day of occurrence, she had stated: “I am serving in Balwadi of Banegaon from 2-2-1992 as a teacher. The name of my mother is Padmabai and my father is Gangadharrao. I have one brother namely Prakash and four sisters. I am living with my brother Prakash at Banegaon and my father and mother are living at Mazalgaon and my mother had come to Banegaon before 15 days. In Banegaon the classes of Zila Parishad Primary School are held up to 4th Class from the Balwadi. There are two teachers in our school namely (1) Sudhakar Gndapin Bhujbal, (2) Bhaskar Babwrao Kedre and I am working as a Balwadi teacher getting Rs 300 per month. The timing of our school is from 9.00 to 16.00 o’clock but the Balwadi classes work from 9.00 to 12.00 o’clock. The headmaster of our school is Sudhakar Bhujbal. Ever since I have joined my service Sudhakar Bhujbal and Bhaskar Kedre are teasing me. Sudhakar Bhujbal always says that your sari looks very nice; will you come to see the picture with me? That by asking this they try to talk with me. Before six months Sudhakar Bhujbal had touched my cheek and waist. I was afraid at that time. But due to the fear of defamation I did not tell anything to any person and because of it they had been adoring to proceed. On 9-7-1994 on Saturday 8/9 o’clock in the morning I had gone to my school in a routine way. Bhaskar Kedre and Sudhakar Bhujbal had also come to the school. The school was closed at 12 o’clock in the afternoon. All the boys and girls had gone back to their home. That Bhaskar Kedre had closed the windows of the school and Sudhakar Bhujbal had closed the door and came near to me. Then he had removed his pant. At that time he was wearing ready-made underwear. Thereafter Sudhakar Bhujbal had caught hold of me and |
have proficiency in both the languages. (5) The provi sions of clause ( a) of sub -section ( 1), and the provisions of sub -section ( 2), sub-section ( 3) and sub -section ( 4) shall remain in force until resolutions for the discontinuance of the use of the English language for the purposes mentioned therein have been passed by the Legislatures of all the States which have not adopted Hindi as their official language and until after considering the resolutions aforesaid, a resolution for such discontinuance has been passed by each House of Parliament. ] 4. Committee on Official Language .—(1) After the expiration of ten years from the date on which section 3 comes into force, there shall be constituted a Committee on Official Language, on a resolution to that effect being moved in either House of Parliament with the previous sanction of the President and passed by both Houses. (2) The Committee shall consist of thirty members of whom twenty shall be members of the House of the People and ten shall be members of the Council of States, to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote. (3) It shall be the duty of the Committee to review the p rogress made in the use of Hindi for the official purposes of the Union and submit a report to the President making recommendations thereon and the President shall cause the report to be laid before each House of Parliament , and sent to all the State Gover nments. (4) The President may, after consideration of the report referred to in sub -section ( 3), and the views, if any, expressed by the State Governments thereon, issue directions in accordance with the whole or any part of that report : [Provided that th e directions so issued shall not be inconsistent with the provisions of section 3.] 5. Authorised Hindi translation s of Central Acts, etc .—(1) A translation in |
Constitution like impeachment of the President, amendment of the Constitution , removal of the presiding officers of the Parliament and so on, require special majority , not ordinary majority . The presiding officer of a Hous e does not vote in the first instance, but exercises a casting vote in the case of an equality of votes. The proceedings of a House are to be valid irrespective of any unauthorised voting or participation or any vacancy in its membership. The following points can be noted with respect to the voting procedure in the Lok Sabha: 1. On the conclusion of a debate, the Speaker shall put the question and invite those who are in favour of the motion to say ‘Aye’ and those against the motion to say ‘No’. 2. The Speaker shall then say: ‘I think the Ayes (or the Noes, as the case may be) have it.’ If the opinion of the Speaker as to the decision of a question is not challenged, he shall say twice: The Ayes (or the Noes, as the case may be) have it’ and the question before the House shall be determined accordingly . 3. (a) If the opinion of the Speaker as to the decision of a question is challenged, he shall order that the Lobby be cleared. (b) After the lapse of three minutes and thirty seconds, he shall put the question a second time and declare whether in his opinion the ‘Ayes’ or the ‘Noes’ have it. (c) If the opinio n so declared is again challenged, he shall direct that the votes be recorded either by operating the automatic vote recorder or by using ‘Aye’ and ‘No’ Slips in the House or by the Members going into the Lobbies. 4. If in the opinion of the Speaker , the Division is unnece ssarily claimed, he may ask the members who are for ‘A ye’ and those for ‘No’ respectively to rise in their place s and, on a count being taken, he may declare the determination of the House. In such a case, the names of the voters |
so specified. 384. Control over wells and tanks, etc. —(1) If the Commissioner is of opinion that the water in any well, tank or other place, is likely, if used for drinking, to endanger, or cause the spread of, any disease, he may— (a) by public notice, prohibit the removal or use of such water for drinking; or (b) by notice in writing require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public f rom having access to or using such water; or (c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease. (2) In the event of Delhi or any part thereof being visited or threatened by an outbreak of a dangero us disease the Municipal Health Officer or any person authorised by him in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be , taken for the purposes of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes. 385. Duty of persons suffering from dangerous disease .—No person shall ,— (a) knowing that he is suffering from a dang erous disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place; (b) having the care of a person whom he knows to be suffering from a dangerous disease, cause or permit that person to expose othe r persons to the risk of infection by his presence or conduct in any such street or place as aforesaid; (c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly; (d) throw or cause to |
Chapter: 14
Section: 197
Section Title: Prosecution of Judges and public servants
Description:
When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction-
in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;
in the case of a person who is employed or, as the case may be, was at the lime of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government:
Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of Article section 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression “State Government” occurring therein, the expression “Central Government” were substituted.
Explanation — For the removal of doubts it is hereby declared that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 166A, section 166B, section 354, section 354A, section 354B, section 354C, section 354D, section 370, section 375, section 376, section 376A, section 376AB, section 376C, section 376D, section 376DA, section 376DB or section 509 of the Indian Penal Code.1
No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union whole acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.
The State Government may, by notification, direct that the provisions of Sub-Section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that Sub-Section will apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.
3A. Notwithstanding anything contained in Sub-Section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.
3B. Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any sanction accorded by the State Government or any cognizance taken by a Court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in such matter to accord sanction and for the Court to take cognizance thereon.
The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.
1 Criminal Law (Amendment) Act, 2018 |
willfully furnishes any false or incorrect information or knowingly suppresses any mate rial information, required to be registered in accordance with the provisions of section 77, he shall be liable for action under section 447.] 4[87. Rectification by Central Government in Register of charges. —The Central Government on being satisfied that — (a) the omission to give intimate to the Registrar of the payment or satisfaction of a charge, within the time required under this Chapter; or (b) the omission or misstatement of any particulars, in any filing previously made to the Registrar with respect to any charge or modification thereof or with respect to a ny memorandum of satisfaction or other entry made in pursuance of section 82 or section 83, was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudic e the position of creditors or shareholders of the company, it may, on the application of the company or any person interested and on such terms and conditions as it deems just and expedient, direct that the time for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or misstatement shall be rectified.] CHAPTER VII MANAGEMENT AND ADMINISTRATION 88. Register of members, etc. —(1) Every company shall keep and maintain the following registers in such form and in such manner as may be prescribed, namely: — (a) register of members indicating separately for each class of equity and preference shares held by each member residing in or outside India; (b) register of debenture -holders; and (c) register of any other security holders. (2) Every register maintained under sub -section ( 1) shall include an index of the names included therein. (3) The register and index of beneficial owners maintained by a depository under section 11 of the Depositories Act, 19 96 (22 of 1996), shall be deemed to be the corresponding register and index for the purposes of this Act. (4) A company may, if so authorised by its articles, keep in any country outside India, in |
4,12,Voidable marriages,"Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:- |
Science and Animal Husbandry B. V. Sc. &A. H...; 2[48.H imachal Pradesh Krishi Vishvavidyala, College of Veterinary and Animal Sciences, Palampur (H. P.) Bachelor of Veterinary Science B. V. Sc. This qualification shall be recognised veterinary qualification for the purposes of the said Act when granted on or after 12 January, 1990.] 1[49. Birsa Agricultural University, Kanke, Ranchi (Bihar). Bachelor of Veterinary Science and Animal Husbandary 3[B. V. Sc. & A. H. This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 1st April, 1981.] 1. Ins. by S. O. 823/93. 2. Entries inserted by S. O. 823/93, renumbered as S. Nos. “47” and “48” respectively by S. O. 1165/95. 3. Subs. by S. O. 268/97. University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 50. Choudhari Charan Singh Haryana Agricultural University,Hisar (Haryana). Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A. H. This qualification shall be a recognised veterinary qualification as aforesaid only when granted on or after the 8th October, 1991.] 1[51. West Bengal University of Animal and Fishery Sciences, Calcutta. Bachelor of Veterinary Science and Animal Husbandry B. V. Sc. & A.H. This qualification shall be a recognised. veterinary qualification as aforesaid only when granted on or after the 17th April, 1995 or 31 -12-2000. 52. Indra Gandhi Krishi Vishwavidyalaya, Raipur Bachelor of Veterinary Science and Animal Husbandry B.V.Sc.&A.H (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 27th December, 1990 and on or before 31st October 2012. ) 53. University of Agricultural Sciences, Dharwad Bachelor of Veterinary Science B.V.Sc. (This qualification shall be a recognized veterinary qualification as aforesaid only when granted on or after the 16th Apri1,1990.) B. V. Sc. &A. H (This qualification shall be a recognized Veterinary qualification as aforesaid only when granted on or before the 18th November, 1996). 1. Ins. by S. O. 1411/96. University or veterinary institution Recognised veterinary qualification Abbreviation for registration 1 2 3 54. Patna University, Patna Bachelor of Veterinary Science and Animal Husbandry B.V.Sc.& |
make provisions for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies, national or international, as the University may deem necessary; (j) to receive grants -in-aid to undertake projects for research and special assignments for the Central Government and State Governments; (k) to determine, specify and receive payment of fees and other charges as the University may deem fit, from studen ts and any other person, institution or body corporate for instruction and other services, including training, consultancy and advisory services, provided by the University; (l) to establish, maintain and manage University buildings, halls, hostels and oth er campuses for the University in any other place; (m) to affiliate colleges and institutions of higher learning for such purposes as the University may determine and to withdraw such recognition; (n) to supervise and control the residence and regulate the discipline of students of the University and to make arrangements for promoting their health, general welfare, cultural and corporate life; (o) to create academic and other teaching posts and to make appointments thereto (except the posts of Chancellor and Vice -Chancellor) as may be necessary for imparting instruction and managing the affairs of the University; (p) to appoint on contract or oth erwise visiting professors, emeritus professors, consultants, scholars including those located outside the country, and such other persons who may contribute to the advancement of the University; (q) to create non -teaching, administrative, ministerial and other posts in the University and to make appointment thereto; (r) to cooperate, collaborate or partner or associate with educational or other institutions and organisations, public and private, including those located outside the country having objects w holly or partly similar to those of the University by exchange of teachers and scholars and generally in such manner as may be conducive to their common objects; (s) to institute and award fellowships, scholarships, exhibitions, prizes and medals; (t) to p rovide for the preparation of instructional material including related software and other audio -visual aids; (u) to sponsor and make provision for research and development in areas of |
ll request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by th e present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agr eements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power i s occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article. The provisions of this Article shall extend and be adapted to cases of nationals o f a neutral State who are in occupied territory or who find themselves in the territory of a belligerent State in which the State of which they are nationals has not normal diplomatic representation. Article 12 Conciliation Procedure. —In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their go od offices with a vie w to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one, Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in par ticular of the authorities responsible for protected persons, possibly on neutral territory suitably chosen. |
be located at the headquarters of the intermediate Panchayat, they will go to villages, work there and dispose of the cases. 6. The Gram Nyayalaya shall try criminal cases, civil suits, claims or disputes which are specified in the First Schedule and the Second Schedule to the Act. 7. The Central as well as the State Governments have been given power to amend the First Sche dule and the Second Schedule of the Act, as per their respective legislative competence. 8. The Gram Nyayalaya shall follow summary procedure in criminal trial. 9. The Gram Nyayalaya shall exercise the powers of a Civil Court with certain modifications and shall follow the special procedure as provided in the Act. 10. The Gram Nyayalaya shall try to settle the disputes as far as possible by bringing about conciliation between the parties and for this purpose, it shall make use of the conciliators to be appointed for this purpose. 11. The judgme nt and order passed by the Gram Nyayalaya shall be deemed to be a decree and to avoid delay in its execution, the Gram Nyayalaya shall follow summary procedure for its execution. 12. The Gram Nyayalaya shall not be bound by the rules of evidence provided in the Indian Evidence Act, 1872 but shall be guided by the principles of natural justice and subject to any rule made by the High Court. 13. Appeal in criminal cases shall lie to the Court of Session, which shall be heard and disposed of within a period of six months from the date of filing of such appeal. 14. Appeal in civil cases shall lie to the District Court, which shall be heard and disposed of within a period of six months from the date of filing of the appeal. 15. A person accused of an offence may file an application for plea bargaining. Establishment The Central Government has decided to meet the non-recurring expenditure on the establishment of these Gram Nyayalayas subject to a ceiling of ₹18.00 lakhs out of which ₹ 10.00 lakhs is for construction of the court, ₹5.00 lakhs for vehicle |
under sub -section ( 1) of section 41; (n) the form and the time for preparing annual report und er sub -section ( 2) of section 41; (o) the amount of compensation payable to employees under the proviso to sub-section ( 5) of section 58; (p) any other matter in respect of which provision is to be made by rules. 54. Power to make regu lations. —(1) The Commission may, after previous publication, by notification, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: — (a) the functions to be discharged by the Secretary of the Commission under sub-section ( 5) of section 8; (b) the procedure in accordance with which experts, consultants and professionals may be engaged, or the experts and domain specialists from foreign country may be invited, and the number of such experts and professionals under sub-section ( 8) of section 8; (c) the procedure to be followed at the meetings of the Commission under sub-section ( 3) of section 9; (d) the quality and standards to be maintained in dental education under clause ( a) of sub -section ( 2) of section 10 ; (e) the manner of regulating dental institutions, dental research, dentists and dental auxiliaries under clause ( c) of sub -section ( 2) of section 10; (f) the manner of functioning of the Commission, the Autonomous Boards, the State Dental Councils and th e Joint Dental Councils under clause ( h) of sub-section ( 2) of section 10; (g) the procedure to be followed at the meetings of the Dental Advisory Council under sub -section ( 3) of section 13; (h) the manner of conducting common counselling by the designated authority for admission to the undergraduate and postgraduate dental education under sub-section ( 3) of section 14; (i) the designated authority, and the manner for conducting the National Exit Test (Dental) under sub -section ( 2) of |
same manner as an ordinary application under this Act. (4) Where it is made to appear to the Central Government that the legislature of any such Commonwealth country as may be notified by the Centra l Government in this behalf has made satisfactory provision for the protection of designs registered in India, the Central Government may, by notification in the Official Gazette, direct that the provisions of this section, with such variations or addition s, if any, as may be set out in such notification, shall apply for the protection of designs registered in that Commonwealth country. ”. 25. Omit sections 78B, 78C, 7 8D and 78E. 26. Omit the Schedule. |
in which such alteration or modification have been approved, to the respective Registrar of Inland Vessels, who has issued the certificate of registration. (2) The Registrar of Inland Vessels shall, on receipt of application and the certificate of survey and on receipt of such fee, as may be prescribed by the State Government, either cause the alteration or modification to be registered and entered in the certificate of registration, or direct that the vessel be registered anew: Provided that, where the Registrar of Inland Vessels, directs that the vessel be registered anew, he shall grant a pro visional certificate for a specific period describing the vessel as altered or endorse on the existing certificate about the particulars of the alteration. (3) Any mechanically propelled inland vessel found plying without complying with sub -section ( 1) or sub-section ( 2) shall be detained by such authority or officer as the State Government may, by general or special order, appoint in this behalf. 29. Change of residence or place of business .—(1) If the owner of a mechanically propelled inland vessel ceases to reside or carry on business at the registered address recorded in the certificate of registration of the vessel, such person shall comply with the procedures prescribed under sub -section ( 2) by the Central Government. (2) For the purposes of sub -sectio n (1), the procedures to be complied with by the owner of any mechanically propelled inland vessel, who ceases to be the owner or applies for the requirement of transfer of registry or any such circumstances leading to change of the registered address, sha ll be such as may be prescribed by the Central Government. 30. Prohibition against transfer of ownership of registered vessel .—No mechanically propelled inland vessel registered with the registering authority of a State Government under this Chapter, shall be transferred to a person residing in any country other than India, without the prior approval of the Registrar of Inland Vessels, who has originally granted the certificate of registration and such a transfer shall be validated only if made in complianc e with such |
is less than the n et consideration in respect of the original asset, so much of the capital gain as bears to the whole of the capital gain the same proportion as the cost of the new asset bears to the net consideration, shall not be charged under section 45 : 5[Provided that nothing contained in this sub -section shall apply where — (a) theassessee, — (i) owns more than one residential house, other than the new asset, on the date of transfer of the original asset; or (ii) purchases any residential house, other than the new asset, within a period of one year after the date of transfer of the original asset; or (iii) constructs any residential house, other than the new asset, within a period of three years after the date of transfer of the original asset; and (b) the income from such residential house, other than the one residential house owned on the date of transfer of the original asset, is chargeable under the head “Income from house property”.] Explanation .—For the purposes of this section, — 6* * * * * 1. Ins. by Act 14 of 1982, s. 12 (w.e.f. 1 -4-1983). 2. Subs. by Act 11 of 1987, s. 23, for “Where, in the case of an assesse being an individual” (w.e.f. 1 -4-1988). 3. Ins. by s. 23, ibid. (w.e.f 1 -4-1988). 4. Subs. by Act 25 of 2014, s. 24, for “constructed, a resid ential house” (w.e.f. 1 -4-2015). 5. Subs. by Act 10 of 2000, s. 28, for the proviso (w.e.f 1 -4-2001). 6. Clause ( i) omitted by Act 11 of 1987, s. 23 (w.e.f. 1 -4-1988). *** “net consideration”, in relation to the transfer of a capital asset, means the full value of the consideration received or accruing as a result of the transfer of the capital asset as reduced by any expenditure incurred wholly and exclusively in connection with such transfer. (2) Where the assessee purchases, within the period of 2[two years] after the date of the transfer of the original asset, or constructs, within the period of |
times and places, as the Central Government may direct, order suc h person to be delivered to such relative or friend. 101. Order for custody and disposal of property pending trial .—When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before a Security Guard Court during a trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the trial, and if the property is subject to speedy or natural decay may, af ter recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. 102. Order for disposal of property regarding which offence is committed .—(1) After the conclusion of a trial before any Security Guard Court, the Court or the officer confirming the finding or sentence of such Security Guard Court, or any authority superior to such officer, or in the case of a Summary Security Guard Court whose fi nding or sentence does not require confirmation, an officer not below the rank of a Deputy Inspector -General within whose command the trial was held, may make such order as it or he thinks fit for the disposal by destruction, confiscation, delivery to any person claiming to be entitled to possession thereof, or otherwise, of any property or document produced before the Court or in its custody, or regarding which any offence appears to have been committed or which has been used for the commission of any offe nce. (2) Where any order has been made under sub -section (1) in respect of property regarding which an offence appears to have been committed, a copy of such order signed and certified by the authority making the same may, whether the trial was held within India or not, be sent to a Magistrate within whose jurisdiction such property for the time being is situated, and such Magistrate shall thereupon cause the order to be carried into effect as if it were an order passed by |
— “18. Manipur .. 60 1 19 19. Tripura .. 60 6 19 20. Meghalaya .. 60 .. 50”; (ii) under the heading “II. UNION TERRITORIES :” items 3 and 5 and the entries rel ating thereto shall be omitted. (2) The amendment made by clause ( i)(a) of sub -section ( 1) shall have effect on and after the appointed day in relation to the Legislative Assembly of the State of Assam and the amendments made by clause ( i)(b) and clause ( ii) of sub -section ( 1) shall have effect in relation to the Legisla tive Assemblies of the States of Manipur, Tripura and Meghalaya to be constituted at any time after the appointed day. 22. Delimitation of constituencies .—(1) The Election Commission shall, in the manner herein provided, distribute, whether before or after the appointed day, the seats assigned to the Legislative Assemblies of the States of Manipur, Tripura and Meghalaya under section 20 to single member territorial constituencies and delimit them on the basis of the latest census figures having regard to th e provisions of the Constitution an d to the following provisions: — (a) all constituencies shall, so far as practicable, be geographically compact areas and in delimiting them, regard shall be had to physical features, existing boundaries of administrative units, facilities of communic ation and public convenience; (b) every assembly constituency shall be so delimited as to fall only within one parliamentary constituency; (c) constituencies in which seats are reserved for the Scheduled Castes shall be distrib uted in different parts of the States and located, as far as practicable, in those areas where the proportion of their population to the total populat ion is comparatively large; and (d) constituencies in which seats are reserved for the Scheduled Tribes sh all, as far as practicable, be located in those areas where the proportion of their population to the total population is the largest. Explanation. —In this section “latest census figures ” mean s the census figures with respect to the State concerned ascert ainable from the latest census of which the finally |
This payment is a d ischarge of the wh ole claim2. (d) A owes B, under. a contract, a sum of money, the amount of which has not been ascertained. A , without ascertaining the amount, gives to B, and B, in satisfaction thereof, accepts, the sum of 2,000 rupees. This is a discharge of the whole de bt, whatever may be its amount. (e) A owes B 2,000 rupees, and is also indebted to other creditors. A makes an arrangement with his creditor s, including B, to pay them a 3[composition] of eight annas in the rupee upon their respective demands. Payment to B of 1,000 rupees is a discharge of B’s demand. 64. Consequences of r escission of voidable contract .—When a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is promisor. The party rescinding a voidable contract shall, if he have received any benefit thereunder from another party to such contract, restore such benefit, so far as may be, to the person from whom it was received.4 1. But see s. 135, infra . 2. See s. 41, supra . 3. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, Pt. I, for “compensation”. 4. See s. 75, infra . . Obligation of person who has received advantage under void agreem ent, or contract that becomes void .—When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the p erson from whom he received it. Illustrations (a) A pays B 1,000 rupees in consideration of B ’s promising to marry C, A ’s daughter. C is dead at the time of the promise. The agreement is void, but B must repay A the 1,000 rupees. (b) A contracts with B to deliver to him 250 maunds of rice before the first of May. A delivers 130 maunds only before that |
purposes of heading 8507, the expression "electric accumulators" includes those pre - sented with ancillary components which contribute to the accumulator's function of storing and supply -ing energy or protect it from damage, such as electrical connect ors, temperature control devices (for example, thermistors) and circuit protection devices. They may also include a portion of the protectivehousing of the goods in which they are to be used. 4. Heading 8509 covers only the following electro -mechanical machin es of the kind commonly used for domestic purposes : (a) floor polishers, food grinders and mixers, and fruit or vegetable juice extractors, of any weight; (b) other machines provided the weight of such machines does not exceed 20 kg. The heading does not, however , apply to fans and ventilating or recycling hoods incorporating afan, whether or not fitted with filters (heading 8414), centrifugal cloths -dryers (heading 8421), dishwashing machines (heading 8422), household washing machines (heading 8450), roller or ot her ironing machines (heading 8420 or 8451), sewing machines (heading 8452), electric scissors (heading 8467) or to electro - thermic appliances (heading 8516). 5. For the purposes of heading 8517, the term "smartphones‖ means telephones for cellular networks, equipped with a mobile operating system designed to perform the functions of an automatic data processing machine such as downloading and running multiple applications simultaneously, including third - party applications, and whether or not integrating other features such as digital cameras and navigational aid systems.‗; 6. For the purposes of heading 8523 : (a) Solid -state non-volatile storage devices‖ (for example, ―flash memory cards‖ or ―flash elec- tronic storage cards‖) are storage devices with a connecting socket, comprising in the same housing one or more flash memories (for example, ―FLASH E²PROM‖) in the form of integrated circuits mounted on a printed circuit board. They may include a controller in the form of an integrated circuitand discrete passive components, such as capacitors and resistors; (b) The term ―smart cards‖ means cards which have embedded in them one or more electronic integrated circuits (a microprocessor, random access memory (RAM) or read -only memory (ROM)) in the |
Section 64: Power of Central Government to make rules
Description:
The Central Government may make rules to
provide for all or any of the following matters, namely:--
(a) the period within which and the form in which an application shall be made and the
documents, particulars and information it shall accompany under sub-section (1) of section 41;
(b) the form in which the certificate of registration shall be made and the particulars and
information it shall contain and the manner in which it shall be issued under sub-section (3) of
section 41;
(c) the form and manner in which the particulars of the certificate of registration shall be entered
in the records of the registering authority under sub-section (5) of section 41;
(d) the manner in which and the form in which the registration mark, the letters and figures and
other particulars referred to in sub-section (6) of section 41 shall be displayed and shown;
1[(da) providing for the period of validity of a certificate of registration under sub-section (7) of
section 41;]
(e) the period within which and the form in which the application shall be made and the
particulars and information it shall contain under sub-section (8) of section 41;
1[(ea) the period of renewal of certificate of registration of different types of motor vehicles under
sub-section (10) of section 41;]
(f) the form in which the application referred to in sub-section (14) of section 41 shall be made,
the particulars and information it shall contain and the fee to be charged;
1[(fa) the issue of temporary certificate of registration and temporary registration mark under
section 43;
(fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not
require production before a registering authority under sub-section (1) of section 44;]
(g) the form in which the period within which the application referred to in sub-section (1) of
section 47 shall be made and the particulars it shall contain;
(h) the form in which and the manner in which the application for "No Objection Certificate"
shall be made under sub-section (1) of section 48 and the form of receipt to be issued under
sub-section (2) of section 48;
(i) the matters that are to be complied with by an applicant before no objection certificate may be
issued under section 48;
(j) the form in which the intimation of change of address shall be made under sub-section (1) of
section 49 and the documents to be submitted along with the application;
2[(ja) the form and manner for the electronic submission of the intimation of change of address,
documents to be submitted along with such intimation including proof of authentication under
sub-section (1A) of section 49;]
(k) the form in which and the manner in which the intimation of transfer of ownership shall be
made under sub-section (1) of section 50 or under sub-section (2) of section 50 and the document to
be submitted along with the application;
(l) the form in which the application under sub-section (2) or sub-section (3) of section 51 shall
be made;
2[(la) specifications, conditions for approval, retrofitment and other related matters for the
alteration of motor vehicles under sub-section (1) of section 52;
(lb) the conditions for the alteration of any motor vehicle into an adapted vehicle under subsection (2) of section 52;]
(m) the form in which the certificate of fitness shall be issued under sub-section (1) of section 56
and the particulars and information it shall contain;
(n) the period for which the certificate of fitness granted or renewed under section 56 shall be
effective;
2[(na) the distinguishing mark to be carried on the body of transport vehicles under sub-section
(6) of section 56;
(nb) the conditions under which the application of section 56 may be extended to non-transport
vehicles under sub-section (7) of section 56;
(nc) the recycling of motor vehicles and parts thereof which have exceeded their life under
sub-section (4) of section 59;]
(o) the fees to be charged for the issue or renewal or alteration of certificates of registration, for
making an entry regarding transfer of ownership on a certificate of registration, for making or
cancelling an endorsement in respect of agreement of hire-purchase or lease or hypothecation on a
certificate of registration, for certificates of fitness for registration marks, and for the examination or
inspection of motor vehicles, and the refund of such fees.
2[(oa) all or any of the matters under sub-section (1) of section 62B;
(ob) all or any of the matters under sub-section (1) and sub-section (2) of section 63;]
(p) any other matter which is to be, or may be, prescribed by the Central Government. |
THE GUARDIANS AND WARDS ACT, 1890 ______ ARRANGEMENT OF SECTIONS ______ CHAPTER I PRELIMINARY SECTIONS 1. Title, extent and commencement. 2. [Repealed .]. 3. Saving of jurisdiction of Courts of Wards and Chartered High Courts. 4. Definitions. 4A. Power to confer jurisdiction on subordinate judicial officers and to transfer proceedings to such officers. CHAPTER II APPOINTMENT AND DECLARATION OF GUARDIANS 5. [Omitted .]. 6. Saving of power to appoint in other cases. 7. Power of the Court to make order as to guardianship. 8. Persons entitled to apply for order. 9. Court having jurisdiction to entertain application. 10. Form of application. 11. Procedure on admission of application. 12. Power to make interlocutory order for production of minor and interim protection of person and property. 13. Hearing of evidence before making of o rder. 14. Simultaneous proceedings in different Courts. 15. Appointment or declaration of several guardians. 16. Appointment or declaration of guardian for property beyond jurisdiction of the Court. 17. Matters to be consid ered by the Court in appointing guardian. 18. Appointment or declaration of Collector in virtue of office. 19. Guardian not to be appointed by the Court in certain cases. CHAPTER III DUTIES , RIGHTS AND LIABILITIES OF GUARDIANS General SECTIONS 20. Fiduciary relation of guardian to ward. 21. Capacity of minors to act as guardians. 22. Remuneration of guardian. 23. Control of Collector as guardian. Guardian of the person 24. Duties of guardian of the person. 25. Title of guardian to custody of ward. 26. Removal of war from jurisdiction. Guardian of property 27. Duties of guardian of pro perty. 28. Powers of testamentary guardian. 29. Limitation of powers of guardian of property appointed or declared by the Court. 30. Voidability of transfers made in contravention of section 28 or section 29. 31. Practice with respect to permitting transfe rs under section 29. 32. Variation of powers of guardian of property appointed or declared by the Court. 33. Right of guardian so appointed or declared to apply to the Court for opinion in management of property, of ward. 34. Obligations on guardian of pro perty appointed |
allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for theUnion and that I will do right to all manner of people in accordancewith the Constitution and the law, without fear or favour, affection orill-will.” II Form of oath of secrecy for a Minister for the Union:— “I, A.B., do VZHDULQWKHQDPHRI*RG VROHPQO\DIILUP that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become knownto me as a Minister for the Union except as may be required for thedue discharge of my duties as such Minister.” III Form of oath or affirmation to be made by a member of Parliament:— “I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do VZHDULQWKHQDPHRI*RG VROHPQO\DIILUP that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty uponwhich I am about to enter.” 1150 CONSTITUTION AMENDMENT IN INDIA 1151 IV Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India:— “I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor-General of India) do VZHDULQWKHQDPHRI*RG VROHPQO\DIILUP that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment performthe duties of my office without fear or favour, affection or ill-will andthat I will uphold the Constitution and the laws.” V Form of oath of office for a Minister for a State:— “I, A.B., do VZHDULQWKHQDPHRI*RG VROHPQO\DIILUP that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for theState of...............and that I will do right to all manner of people inaccordance |
allowance for any expense or interest arising from an international transaction shall also be determined having regard to the arm’s length price. (2) Where in a n 2[international transaction or specified domestic transaction], two or more associated enterprises enter into a mutual agreement or arrangement for the allocation or apportionment of, or any contribution to, any cost or expense incurred or to be incurred in connection with a benefit, service or facility provided or to be provided to any one or more of such enterprises, the cost or expense allocated or apportioned to, or, as the case may be, contributed by, any such enterprise shall be determined having regard to the arm ’s length price of such benefit, service or facility, as the case may be. 3[(2A) Any allowance for an expenditure or interest or allocation of any cost or expense or any income in relation to the specified domestic transaction shall be compu ted having regard to the arm’s length price.] (3) The provisions of this section shall not apply in a case where the computation of income under4[sub-section ( 1) or sub -section ( 2A)] or the determination of the allowance for any expense or interest under 5[sub-section ( 1) or sub -section ( 2A)], or the determination of any cost or expense allocated or apportioned, or, as the case may be, contributed under sub -section ( 2) 3[or sub -section ( 2A)], has the effect of reducing the income chargeable to tax or increasing the loss, as the case may be, computed on the basis of entries made in the books of account in respect of the previous year in which the 2[international transaction or specified dome stic transaction] was entered into.] 92A. Meaning of associated enterprise. —(1) For the purposes of this section andsections 92, 92B, 92C, 92D, 92E and 92F, “associated enterprise”, in relation to another enterprise, means an enterprise — (a) which particip ates, directly or indirectly, or through one or more intermediaries, in the management or control or capital of the other enterprise; or (b) in respect of which one or more persons |
a trustee or a partner or a memb er or a fund manager of the investment fund or a director or a trustee or a partner or a member of the fund manager of such fund, holds, either individually or collectively, share or interest, being more than fifteen per cent. of its share capital or inter est, as the case may be; (b) “connected person” shall have the meaning assigned to it in clause ( 4) of section 102; (c) “corpus” means the total amount of funds raised for the purpose of investment by the eligible investment fund as on a particular date; (d) “entity” means any entity in which an eligible investment fund makes an investment; (e) “specified regulations” means the Securities and Exchange Board of India (Portfolio Managers) Regulations, 1993 or the Securities and Exchange Board of India (Invest ment Advisers) Regulations, 2013, or such other regulations made under the Securities and Exchange Board of India Act, 1992 (15 of 1992), which may be notified by the Central Government under this clause. ] CHAPTER III INCOMES WHICH DO NOT FORM PART OF TOTA L INCOME 10. Incomes not included in total income .—In computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included — (1) agricultural income; (2) 1[subject to the provisions of sub -section ( 2) of section 64 ,] any sum received by an individual as a member of a Hindu undivided family, where such sum has been paid out of the income of the family, or, in the case of any impartible estate, where such sum has been paid o ut of the income of the estate belonging to the family; 2[(2A) in the case of a person being a partner of a firm which is separately assessed as such, his share in the total income of the firm. Explanation .—For the purposes of this clause, the share of a p artner in the total income of a firm separately assessed as such shall, notwithstanding anything contained in any other law, |
the inspection team has not had full access, or which has been protected in accordance with paragraph 48, is not used for purposes r elated to the possible non-compliance concerns raised in the inspection request. 50. This may be accomplished by means of, inter alia , the partial removal of a shroud or environmental protection cover, at the discretion of the inspected State Party, by mea ns of a visual inspection of the interior of an enclosed space from its entrance, or by other methods. 51. In the case of facilities declared pursuant to Articles IV, V and VI, the following shall apply: (a) For facilities with facility agreements, access and activities within the final perimeter shall be unimpeded within the boundaries established by the agreements; (b) For facilities without facility agreements, negotiation of access and activities shall be governed by the applicable general inspection gu idelines established under this Convention; (c) Access beyond that granted for inspections under Articles IV, V and VI shall be managed in accordance with procedures of this section. 52. In the case of facilities declared pursuant to Article III, paragraph 1 (d), the following shall apply: if the inspected State Party, using procedures of paragraphs 47 and 48, has not granted full access to areas or structures not related to chemical weapons, it shall make every reasonable effort to demonstrate to the inspe ction team that such areas or structures are not used for purposes related to the possible non - compliance concerns raised in the inspection request. Observer 53. In accordance with the provisions of Article IX, paragraph 12, on the participation of an obse rver in the challenge inspection, the requesting State Party shall liaise with the Technical Secretariat to coordinate the arrival of the observer at the same point of entry as the inspection team within a reasonable period of the inspection team ’s arrival . 54. The observer shall have the right throughout the period of inspection to be in communication with the embassy of the requesting State Party located in the inspected State Party or in the Host State |
Court 8***]. 4. Definitions. — In this Act, unless there is something repugnant in the subject or context, — (1) “minor ” means a person who, under the provisions of the Indian Majority Act, 1875, (9 of 1875) is to be deemed not to have attained his majority: (2) “guardian ” mean ’s a person having the care of the person of a minor or of his property, or of both is person and property: (3) “ward ” means a minor for whose person or property, or both, there is a guardian: (4) “District Court ” has the meaning assigned to that expression in the 9Code of Civil 1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I, to the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. and to Sikkim vide Notifn. No. S.O. 644(E), dated 24 -81984, Gazette of India, Extraordinary, Pt. II, s. 3(ii) (w.e.f. 1 -9-1984). This Act has been extended to Pondicherry by Act 26 of 1968, with the following modification: In section 1, after sub -section (2), insert: — “Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondiche rry.”. 2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31 -10- 2019). 3. The words “inclusive of British Baluchistan” rep by A.O. 1948 . 4. The word “and” omitted by Act 40 of 1949, s. 3 and the Second Schedule. 5. Subs. by the A.O. 1937, fo r “the G.G. in C., or by a Governor or Lieutenant -Governor in Council”. 6. Subs. by Act 3 of 1951, s. 3 and the Schedule for “Part A States and Part C States”. 7. Subs. by the A.O. 1937, for “any High Court established under the Statute 24 and 25 Victoria, Ch. 104 (an Act for establishing High Courts of Judicature in India)”. 8. The words “established in Part A States and Part C States” |
the word “Sixty-first” 420. Clause 1, as amended by the Lok Sabha, was adopted by the Rajya Sabha on 20 December 1988421. Important Provisions of the Act Article 326 of the Constitution has been amended to reduce the voting age from twenty-one years to eighteen years. (Section 2) 417L.S. Deb., 13 December 1988, c. 20. 418Ibid., 15 December 1988, c. 175. 419R.S. Deb., 20 December 1988, c. 67. 420L.S. Deb., 15 December 1988, c. 141. 421R.S. Deb., 20 December 1988, c. 62. CONSTITUTION AMENDMENT IN INDIA LXII THE CONSTITUTION (SIXTY-SECOND AMENDMENT) ACT, 1989422 Objects and Reasons of the Bill Article 334 of the Constitution lays down that the provisions of the Constitution relating to the reservation of seats for the Scheduled Castesand the Scheduled Tribes and the representation of the Anglo-Indiancommunity by nomination in the Lok Sabha and in the LegislativeAssemblies of the States shall cease to have effect on the expiration ofa period of forty years from the commencement of the Constitution.Although the Scheduled Castes and the Scheduled Tribes have madesome progress in the last forty years, the reasons which weighed withthe Constituent Assembly in making provisions with regard to theaforesaid reservation of seats and nomination of members, have notceased to exist. It was, therefore, proposed to continue the reservationfor the Scheduled Castes and the Scheduled Tribes and the representationof the Anglo-Indians by nomination for a further period of ten years. The Bill sought to achieve the above object. Legislative History The Constitution (Sixty-second Amendment) Bill, 1989 was introduced in the Rajya Sabha on 20 December 1989423. The Bill sought to amend article 334 of the Constitution relating to the reservationof seats for the Scheduled Castes and the Scheduled Tribes, and therepresentation of the Anglo-Indian community by nomination in theLok Sabha and in the Legislative Assemblies of the State. 422Bill No. 26 of 1989; Introduced in Rajya Sabha by the Minister of Labour and Welfare, Shri Ram Vilas Paswan on 20 December 1989; Debated, Rajya Sabha: 21 December 1989; Lok Sabha: 22 and 26 December 1989; Ratified as perrequirement of proviso to article 368(2) of the Constitution by the |
entitled to act, or when any such guardian or a guardian ap pointed by will or other instrument is removed or dies, the Court, of its own motion or on application under Chapter II, may, if the ward is still a minor, appoint or declare another guardian of his person or property, or both, as the case may be. CHAPTER IV SUPPLEMENTAL PROVISIONS 43. Orders for regulating conduct or proceedings of guardians, and enforcement of those orders. —(1) The Court may, on the application of any person interested or of its own motion, make an order regulating the conduct or proceedings of any guardian appointed or declared by the Court. (2) Where there ar e more guardians than one of a ward, and they are unable to agree upon a question affecting his welfare, any of them may apply to the Court for its direction, and the Court may make such order respecting the matter in difference as it thinks fit. (3) Except where it appears that the object of making an order under sub -section ( 1) or sub-section ( 2) would be defeated by the delay, the Court shall, before making the order, direct notice of the application therefor or of the intention of the Cou rt to make it, as the case may be, to be given, in a case under sub -section ( 1), to the guardian or, in a case under sub -section ( 2), to the guardian who has not made the application (4) In case of disobedience to an order made under sub -section ( 1) or sub -section ( 2), the order may be enforced in the same manner as an injunction granted under section 492 or section 493 of the Code of Civil Procedure (14 of 1882), in a case under sub -section ( 1), as if the ward were the plaintiff and the guardian were the d efendant or, in a case under sub -section ( 2), as if the guardian who made the application were the plaintiff and the other guardian were the defendant. (5) Except in a case |
along the ridge to a point height 490 (H 473292); thence in a straight line due south to a point on the eastern boundary of the Patharia Reserve Forest markedY (H 473263); along the Radcliffe Line BA. The line described above has been plotted on two copies of topographical map sheets Nos. 83D/5, 83/6 and 83D/2. The technical experts responsible for the ground demarcation will have the authority to make minor adjustments in order to make the boundary alignmentagree with the physical features as described. The losses and gains to either country as a result of these adjustments with respect to the line marked on the map will be balanced by the technical experts. * * * * * Sd/- (J.G. K HARAS ) Sd/- (M.J. D ESAI) Acting Foreign Secretary, Commonwealth Secretary, Ministry of Foreign Affairs Ministry of External Affairs,and Commonwealth Relations, N EW DELHI. Karachi.N EW DELHI; October: 23, 1959. 3. E XTRACTS FROM THE AGREEMENT ENTITLED “AGREED DECISIONS AND PROCEDURES TO END DISPUTES AND INCIDENTS ALONG THE INDO-WEST PAKISTAN B ORDER A REAS ”, D ATED THE 11TH DAY OF JANUARY , 1960. “1. West Pakistan-Punjab border— Of the total of 325 miles of the border in this sector,demarcation has been completed along about CONSTITUTION AMENDMENT IN INDIA 252 miles. About 73 miles of the border has not yet been demarcated due to differencesbetween the Governments of India andPakistan regarding interpretation of thedecision and Award of the Punjab BoundaryCommission presented by Sir Cyril Radcliffeas Chairman of the Commission. Thesedifferences have been settled along the linesgiven below in a spirit of accommodation: (i) The Sarja Merja Rakh Hardit Singh and Pathanke (Amritsar-Lahore border).— The Governments of India and Pakistan agree thatthe boundary between West Pakistan andIndia in this region should follow theboundary between the Tehsils of Lahore andKasur as laid down under Punjab GovernmentNotification No. 2183-E, dated 2nd June,1939. These three villages will inconsequence, fall within the territorialjurisdiction of the Government of Pakistan. * * * * * (iv)Suleimanke (Ferozpur-Montgomery border)— The Governments of India and Pakistan agree to adjust the district boundaries in this regionas specified in |
Chapter: 5
Section: 82
Section Title: Presumption as to document admissible in England without proof of seal or signature
Description:
When any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England or Ireland, would be admissible in proof of any particular in any Court of justice in England or Ireland, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed, the Court shall presume that such seal, stamp or signature is genuine, and mat me person signing it held, at the lime when he signed it, the judicial or official character which he claims, and the document shall be admissible for the same purpose for which it would be admissible in England or Ireland. |
be enrolled to the Force, the mode of enrolment and the procedure for enrolment shall be such as may be prescribed. 7. Liability for service outside India. –Every member of the Force shall be liable to serve in any part of India as well as outside India. 8. Resignation and withdrawal from the post. –No member of the Force shall be at liberty,– (a) to resign his appointment during the term of his engagement; or (b) to withdraw himself from all or any of the duties of his appointment, except with the previous permission in writing of the prescribed authority. 9. Tenure of service under the Act. –Every person subject to this Act shall hold office during the pleasure of the President. 10. Termination of service by Central Government. –Subject to the provisions of this Act and the rules, the Central Government may dismiss or remove from the service any person subject to this Act. 11. Dismissal, removal or reduction in rank by the Director-General and by other officers. –(1) The Director-General, or any Additional Director-Ge neral or Inspector-General may dismiss or remove from the service or reduce to a lower grade or rank any person subject to this Act other than an offic er. (2) An officer not below the rank of Deputy Inspector -General or any prescribed officer may dismiss or remove from the service any person under his com mand other than an officer or a subordinate officer of such rank as may be prescribed. (3) Any such officer as is mentioned in sub-section ( 2) may reduce to a lower grade or rank any person under his command except an officer or a sub ordinate officer. (4) The exercise of any power under this section shal l be subject to the provisions of this Act and the rules. 12. Certificate of termination of service. –A subordinate officer, or an under-officer or othe r enrolled person who is retired, discharged, release d, removed or dismissed from the service shall be furnished by the officer, to whose command he is su bject, with a certificate in Hindi or |
shall furnish details of children declared legally free for adoption to the Specialised Adoption Agency under sub -section ( 2) of section 66; (xlv) any other function of the Authority under clause ( e) of section 68; (xlvi) criteria for the selection or nomination of the Members of the Steering Committee of the Authority and their tenure as well as the terms and conditions of their appointment under sub-section ( 2) of section 69; (xlvii) manner in whi ch Steering Committee of the Authority shall meet under sub -section ( 4) of section 69; (xlviii ) manner in which the Authority shall submit an annual report to the Central Government under sub -section ( 1) of section 71; (xlix) functions of the Authority und er sub -section ( 2) of section 72; (l) manner in which the Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub -section ( 1) of section 73; (li) period that the Committee or Board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 92; (lii) procedure for transfer of c hild under sub -section ( 1) of section 95; (liii) provision for travelling allowance to the escorting staff for the child under sub -section ( 3) of section 95; (liv) procedure to be followed by the Committee or a Board while holding any inquiry, appeal or revision under sub -section ( 1) of section 103; (lv) manner in which juvenile justice fund shall be administered under sub -section ( 3) of section 105; (lvi) functioning of the Child Protection Society for the State and Child Protection Units fo r every district under section 106; (lvii) to enable the National Commission, or as the case may be, the State Commission to monitor implementation of the provisions of this Act under sub -section ( 1) of section 109; (lviii) any other matter which is requir ed to be, or may |
Chapter: 2
Section: 47
Section Title: Opinion as to handwriting, when relevant
Description:
When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. |
1, words, “except the State of Jammu and Kashmir ” shall be omitted. 25. The Energy Conservation Act, 2001. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 26. The Family Courts Act, 1984. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 27. The Fatal Accidents Act, 1855. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 28. The Forest (Conservation) Act, 1980. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 29. The General Clauses Act, 1897. Extended as whole. 30. The Governors (Emoluments, Allowances and Privileges) Act, 1982. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 31. The Gram Nyayalayas Act, 2009. In sub-section (2) of section 1, words, “the State of Jammu and Kashmir ” shall be omitted. 32. The Guardian s and Wards Act, 1890. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 33. The Hindu Adoptions and Maintenance Act, 1956. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 34. The Hindu Disposition of Property Act, 19 16. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 35. The Hindu Marriage Act, 1955. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 36. The Hindu Minority and Guardianship Act, 1956. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 37. The Hindu Succession Act, 1956. In sub-section (2) of section 1, words, “except the State of Jammu and Kashmir ” shall be omitted. 38. The Identification of Prisoners Act, 1920. Extended as whole. 39. The Indecent Representation of Women (Prohibition) Act, 1986. In sub-section (2) of section 1, words, “except the State |
scheduled areas and scheduled tribes. 244 Sixth Schedule Provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, T ripura and 244 and 275 Mizoram. Seventh Schedule Division of powers between the Union and the States in terms of List I (Union List), List II (State List) and List III (Concurrent List). Presently , the Union List contains 98 subjects (originally 97), the State List contains 59 subjects (originally 66) and the Concurrent List contains 52 subjects (originally 47). 246 Eighth Schedule Languages recognized by the Constitution. Originally , it had 14 languages but presently there are 22 languages. They are: Assamese, Bengali, Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada, Kashmiri, Konkani, Mathili (Maithili), Malayalam, Manipuri, Marathi, Nepali, Odia, Punjabi, Sanskrit, Santhali, Sindhi, T amil, T elugu and Urdu. Sindhi was added by the 21 st Amendment Act of 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act of 1992; and Bodo, Dongri, Maithili and Santhali were added by the 92nd Amendment Act of 2003. Oriya was renamed as ‘Odia’ by the 96th Amendment Act of 2011. 344 and 351 Ninth Schedule Acts and Regulations (originally 13 but presently 282) 32 of the state legislatures dealing with land reforms and abolition of the zamindari system and of the Parliament dealing with other matters. This schedule was added by the 1st Amendment (1951) to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights. However , in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review . 31-B Tenth Schedule Provisions relating to disqualification of the members of Parliament and State Legislatures on the ground of 102 and 191 defection. This schedule was added by the 52 nd Amendment Act of 1985, also known as Anti- defection Law . Eleventh Schedule Specifies the powers, authority and responsibilities of Panchayats. It has 29 matters. This schedule was added by the 73 rd Amendment Act of 1992. 243-G Twelfth Schedule Specifies the powers, authority and responsibilities of |
meant, either wholly or partially, for housing children in n eed of care and protection or children in conflict with law, shall, be registered under this Act in such manner 1. Ins. by Act 23 of 2021, s. 12 (w.e.f. 1 -9-2022). 2. Ins. by Act 23 of 2021, s. 13, (w.e.f. 1 -9-2022). as may be prescribed, 1[***] regardless of whether they are receiving grants from the Central Government or, as the case may be, the State Gover nment or not: Provided that the institutions having valid registration under the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) on the date of commencement of this Act shall be deemed to have been registered under this Act. (2) At the time of registration under this section, the State Government 2[shall, after considering the recommendations of the District Magistrate, determine] and record the capacity and purpose of the institution and shall register the institution as a Childre n’s Home or open shelter or Specialised Adoption Agency or observation home or special home or place of safety, as the case may be. (3) On receipt of application for registration under sub -section ( 1), from an existing or new institution housing children in need of care and protection o r children in conflict with law, the State Government may grant provisional registration, within one month from the date of receipt of application, for a maximum period of six months, in order to bring such institution under the purview of this Act, and shall determine the capacity of the Home which shall be mentioned in the registration certificate: Provided that if the s aid institution does not fulfil the prescribed criteria for registration, within the period specified in sub-section ( 1), the provisional registration shall stand cancelled and the provisions of sub-section ( 5) shall apply. (4) If the State Government does not issue a provisional registration certificate within one month from the date of application, the proo f of receipt of application for registration shall be treated as provisional registration to run an institution for a maximum period |
Constitution so as to empower the President of India to publish under his authority the translation of the Constitutionin Hindi signed by the members of the Constituent Assembly withsuch modifications as may be necessary to bring it in conformity withthe language, style and terminology adopted in the authoritative textsof Central Acts in the Hindi language. The President would also be authorised to publish the translation in Hindi of every amendment of the Constitution made in English. Legislative History The Constitution (Fifty-eighth Amendment) Act, 1987, when introduced in the Lok Sabha on 27 February 1987, was titled as theConstitution (Fifty-sixth Amendment) Bill, 1987. 400 The Bill sought to: (i) amend the heading of Part XXII and (ii) insert new article 394Ain the Constitution. The Bill was considered by the Lok Sabha on 24 November 1987 and, as amended, passed on the same day 401. The Bill, as passed by the Lok Sabha, was considered by the Rajya Sabha on 26 November1987 402. Clause 1 of the Bill was adopted by the Lok Sabha with formal amendment replacing the word “Fifty-sixth” by the word “Fifty- eighth”403. Clause 1, as amended by the Lok Sabha, was adopted by the Rajya Sabha on 26 November 1987404. 400L.S. Deb., 27 February 1987, c. 251. 401Ibid., 24 November 1987, c. 471. 402R.S. Deb., 26 November 1987, c. 279. 403L.S. Deb., 24 November 1987, c. 456. 404R.S. Deb., 26 November 1987, c. 475. CONSTITUTION AMENDMENT IN INDIA 229 Important Provisions of the Act New article 394A has been inserted in the Constitution authorising the President to cause publication of: (i) the translation of theConstitution in Hindi, signed by the members of the ConstituentAssembly, with such modifications as may be necessary to bring it inconformity with the language, style and terminology adopted in theauthoritative texts of Central Acts in the Hindi language, andincorporating therein all the amendments of the Constitution and(ii) the translation in Hindi of every amendment of the Constitutionmade in the English language. Such translation of the Constitution andamendments thereof shall be deemed to be the authoritative text in theHindi language for all purposes. (Section 3) |
the Parliament. In India, the prime minister may be a member of any of the two Houses of Parliament.8 4. Usually , the members of Parliament alone are appointed as ministers in Britain. In India, a person who is not a mem ber of Parliament can also be appoin ted as minister , but for a maximum period of six months. 5. Britain has the system of legal responsibility of the minister while India has no such system. Unlike in Britain, the ministers in India are not required to countersign the of ficial acts of the Head of the State. 6. ‘Shadow cabinet’ is an unique institution of the British cabinet system. It is formed by the opposition party to balance the ruling cabinet and to prepare its members for future ministerial office. There is no such institution in India. NOTES AND REFERENCES 1. The 42nd and 44th Amendment Acts of 1976 and 1978 respectively have made the ministerial advice binding on the president. 2. How Britain is Governed is a popular book written by him. . This theory was propounded by Montesquieu, a French political thinker , in his book The Spirit of Laws (1748) to promote individual liberty . He stated that concentration of powers in one person or a body of persons would result in despotism and negate individual liberty . 4. K.T . Shah favoured the adoption of the presidential system. 5. Constituent Assembly Debates, Volume VII, p. 284–5. 6. Constituent Assembly Debates, Volume VII, p. 32. 7. For details in this regard, see the section on the ‘Sovereignty of Parliament’ in Chapter 22 . 8. For example, three prime ministers, Indira Gandhi (1966), Deve Gowda (1996), and Manmohan Singh (2004), were members of the Rajya Sabha. Federal System Political scientists have classified governments into unitary and federal on the basis of the nature of relations between the national government and the regional governments. By defin ition, a unitary government is one in which all the powers are vested in the national government and the regional governments, if at all exist, derive their authority from the |
1950, for “clauses ( 9), (12), (38), (48) and (50)”. 5. Ins. by Act 24 of 1917, s. 2 and the First Schedule. 6. Ins. by the A.O. 1937. 7. The words and figures “or section 43 ” omitted by the A.O. 1947. 8. Added by the A.O. 1950. . [Construction of references to Local Government of a Province .] Rep. by the A.O. 1937. Earlier Inserted by Act 31 of 1920, s. 2 and the First Schedule . THE SCHEDULE .—[Enactments repealed .] Rep. by the Repealing and Amending Act , 1903 (1 of 1903), s. 4 and the Third Schedule . |
shall not apply to or in relation to the transfer of any immovable property made a fter the 30th day of September, 1986.] 269S. Chapter not to extend to State of Jammu and Kashmir. —The provisions of this Chapter shall not extend to the State of Jammu and Kashmir. 1. Ins. by Act 66 of 1973, s. 2 (w.e.f. 1 -1-1974). 2. Subs. by Act 21 of 1984, s. 27, for “ten thousan d rupees” (w.e.f. 1 -6-1984). 3. Ins. by Act 23 of 1986, s. 33 (w.e.f. 1 -10-1986). [CHAPTER XXB REQUIREMENT AS TO 2[MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT ] IN CERTAIN CASES TO COUNTERACT EVASION OF TAX 3[269SS.Mode of taking or accepting certain loans, deposits and specified sum .—No person shall take or accept from any other person (herein referred to as the depositor), any loan or deposit or any specified sum, otherwise than by an account payee cheque or account payee bank draft or use of electronic clearing system through a bank account, if, — (a) the amount of such loan or deposit or specified sum or the aggregate amount of such loan, deposit and specifie d sum; or (b) on the date of taking or accepting such loan or deposit or specified sum, any loan or deposit or specified sum taken or accepted earlier by such person from the depositor is remaining unpaid (whether repayment has fallen due or not), the amount or the aggregate amount remaining unpaid; or (c) the amount or the aggregate amount referred to in clause ( a) together with the amount or the aggregate amount referred to in clause ( b), is twenty thousand rupees or more: Provided that the provisions of this section shall not apply to any loan or deposit or specified sum taken or accepted from, or any loan or deposit or specified sum taken or accepted by, — (a) the Government; (b) any banking company, post office savings bank or co -operative bank; (c) any corporation established by a Central, State or Provincial Act; (d) any Government company as defined in clause ( 45) of section |
Section 81: Exemption from arrest and personal appearance
Description:
In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.. |
Chapter: 14
Section: 195
Section Title: Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
Description:
No Court shall take cognizance—
(i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or
(ii) of any abetment of, attempt to commit, such offence, or
(iii) of any criminal conspiracy to commit, such offence,
Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;
(i) of any offence punishable under any of the following section of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate.
Where a complaint has been made by a public servant under clause (a) of Sub-Section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint;
Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.
In clause (b) of Sub-Section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act if declared by that Act to be a Court for the purposes of this section.
For the purposes of clause (b) of Sub-Section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from appealable decrees or sentences of such former Court, or in the case of a civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate;
Provided that—
a. where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;
b. where appeals lie to a civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed. |
Constituti on. They are exceptions and the exceptions are not a rule. Let it be said that the federalism in the Indian Constitution is not a matter of administrative convenience, but one of principle–the outcome of our own process and a recognition of the ground realities”. In fact, the federalism in India represents a compromise between the following two conflicting considerations17 : (i) normal division of powers under which states enjoy autonomy within their own spheres; and (ii) need for national integrity and a strong Union government under exceptional circumstances. The following trends in the work ing of Indian political system reflects its federal spirit: (i) Territor ial disputes between states, for example, between Maharashtra and Karnataka over Belgaum; (ii) Disputes between states over sharing of river water , for example, between Karnataka and Tamil Nadu over Cauvery Water; (iii) The emer gence of regional parties and their coming to power in states like Andhra Pradesh, Tamil Nadu, etc.; (iv) The creation of new states to fulfil the regional aspirations, for example, Mizoram or Jharkhand; (v) Demand of the states for more financial grants from the Centre to meet their developmental needs; (vi) Assertion of autonomy by the states and their resistance to the interferenc e from the Centre; (vii) Suprem e Court ’s imposition of several procedural limitations on the use of Article 356 (President’ s Rule in the States) by the Centre.18 NOTES AND REFERENCES 1. Constituent Assembly Debates , Volume VII, P . 43. 2. The American Constitution originally consisted only 7 Articles, the Australian 128 and the Canadian 147. 3. The various amendments carried out since 1951 have deleted about 20 Articles and one Part (VII) and added about 95 Articles, four Parts (IVA, IXA, IXB and XIV A) and four Schedules (9,10,11 and 12). 4. A majority of 2/3 of the members of each House present and voting and a majority of the total membership of each House. 5. Till 2019, the erstwhile state of Jammu and Kashmir enjoyed a special status by virtue of Article 370 of the Constitution of India. 6. K.C. Wheare: |
or industry in India, is prejudiced ; or (c) if the patentee imposes a condition upon the grant of licences under the patent to provide exclusive grant back, prevention to challenges to the validity of patent or coercive package licensing, or (d) if the patented inventio n is not being worked in the territory of India on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable, or (e) if the working of the patented invention in the territory of India on a comme rcial scale is being prevented or hindered by the importation from abroad of the patented article by — (i) the patentee or persons claiming under him; or (ii) persons directly or indirectly purchasing from him; or (iii) other persons against whom the patent ee is not taking or has not taken proceedings for infringement. 1. The Explanation ins. by Act 15 of 2005, s. 52 (w.e.f. 1 -1-2005). . Revocation of patents by the Controller for non -working. —(1) Where, in respect of a patent, a compulsory licence has been granted, the Central Government or any person interested may, afte r the expiration of two years from the date of the order granting the first compulsory licence, apply to the Controller for an order revoking the patent on the ground that the patented invention has not been worked in the territory of India or that reasona ble requirements of the public with respect to the patented invention has not been satisfied or that the patented invention is not available to the public at a reasonably affordable price. (2) Every application under sub -section ( 1) shall contain such part iculars as may be prescribed, the facts upon which the application is based, and, in the case of an application other than by the Central Government, shall also set out the nature of the applicant’s interest. (3) The Controller, if satisfied that the reaso nable requirements of the public with respect to the patented invention ha ve not been satisfied or that patented invention ha ve |
reasonable time, go on board any special categ ory vessel, and inspect the respective vessel including the hull, equipment and machinery or any part or properties of such vessel. (2) The owner, operator, agent, master and any such person in -charge of the special category vessel, shall make available al l necessary facilities to the surveyor for inspection and survey, and all such information regarding the vessel and her machinery and equipment, or any part thereof, respectively, as the surveyor or such other officer may reasonably require. 46. Suspension or cancellation of certificate of fitness .—(1) If any special category vessel does not comply with the provisions of this Act or the rules made thereunder, the State Government may issue notice to the owner or operator or master or any person in -charge of such vessel, for rectifying the non - compliance within such time as may be specified therein. (2) In case of continuance of non -compliance by the owner or operator or master or any person in - charge of the special category vessel even after receipt of the notice issued under sub -section ( 1), the State Government may, after providing an opportunity of being heard and for reasons to be recorded in writing, suspend or cancel the certificate of fitness issued to such vessel under this Chapter. (3) If the certif icate of fitness of a special category vessel has been suspended or cancelled under sub - section ( 2), then such vessel shall cease to operate till the suspension is revoked, or in the event of cancellation, shall cease to operate till a new certificate of f itness is granted. CHAPTER VIII NAVIGATION SAFETY AND SIGNALS 47. Navigation safety, lights and signals .—(1) The specifications and requirements of signals and equipment based on classification and categorisation of mechanically propelled vessels, to be co mplied with by such vessels shall be such as may be prescribed by the Central Government. (2) The fog and distress signals to be carried and used, the steering and sailing rules to be complied with and the different protocols for exhibition |
2003; Rajya Sabha: 8 May 2003;President’s Assent: 22 June 2003; Date of Gazette Notification: 24 June 2003;Date of Commencement: 22 June 2003. CONSTITUTION AMENDMENT IN INDIA Shri B.B. Tandon, Election Commissioner in the Election Commission of India and concerned State Election Commissioners as its ex officio members. The main task of the Commission was to readjust the territorial constituencies in the House of the People with regard to the seats allocated to each State and the readjustment of territorialconstituencies of the Legislative Assembly of each State. The rationalization of the constituencies as now provided had to be on the basis of the 1991 census figures. The Commission was entrusted withthe function of also refixing the number of seats reserved for the Scheduled Castes and the Scheduled Tribes on the basis of census of 1991. The Commission started functioning with the secretarial assistancefrom the Election Commission of India and was expected to complete its work within two years. The Delimitation Commission in its letter to the Government had stated that in the light of views expressed by various intellectuals including lawyers, political thinkers and other experts, the delimitation,which was being done after a gap of thirty years, should not be done on the basis of the out-dated figures of 1991 census. An all-party meeting was held on 13 March 2003 on the functioning of the Delimitation Commission in which many political parties expressed the view that the delimitation of Parliamentary and Assemblyconstituencies should be done on the basis of 2001 census. It was, therefore, decided in the said meeting that if any political party had any suggestion with regard to alteration of the applicable census from1991 to the year 2001, it might send the same in writing to the Minister of Law and Justice. Some major political parties which responded were in favour of 2001 census being the basis of delimitation. Accordingly, it was decided to provide for readjustment of electoral constituencies, including those reserved for the Scheduled Castes andthe Scheduled Tribes, based on the population census for the year 2001, without affecting the number of seats allocated to States in |
for the non-acceptance of any of such recommendations. The President also forwards any report of the Commission pertaining to a state governmen t to the state governor . The governor places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the Commission. The memorandum should also contain the reasons for the non-acceptance of any of such recommendations. POWERS OF THE COMMISSION The Commission is vested with the power to regulate its own procedure. The Com mission, while investi gating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on af fidavits; (d) requisitioning any public record from any court or of fice; (e) issuing summons for the examination of witnesses and docu ments; and (f) any other matter which the President may determine. The Central government and the state governments are required to consult the Commission on all major policy matters af fecting the SCs. The Commissio n is also required to dischar ge similar functions with regard to the Anglo-Indian Community as it does with respect to the SCs. In other words, the Commission has to investigate all matters relating to the constitutional and other legal safeguards for the Anglo-Indian Community and report to the President upon their working8 . Till 2018, the commission was also required to dischar ge similar functions with regard to the other backward classes (OBCs). It was relieved from this responsibility by the 102nd Amendment Act of 2018. NOTES AND REFERENCES 1. Article 338 is contained in Part XVI entitled as ‘Special Provisions Relating to Certain Classes’. 2. The years in the bracket indicate the years of their establishment. 3. The constitutional safeguards for the SCs and STs are explain ed in Chapter 68 . 4. It was made as a National Level Advisory Body to advis |
punishment, assigned for the offence, by the aforesaid law and such less punishment as is in this Act mentioned; and (b) in any other case, he shall be liable to suffer a ny punishment, assigned for the offence by the law in force in India, or imprisonment for a term w hich may extend to seven years, or such less punishment as is in this Act mentioned. 50. Civil offences not triable by a Force Court. –A person subject to this Act who commits an offence of murder or culpable homicide not amountin g to murder against, or of rape in relation to, a person not subject to this Act shall not be deemed to be guilty of an offence under this Act and shall not be tried by a Force Court, unless he commits any of the said offences– (a) while on active duty; or (b) at any place outside India; or (c) at any place specified by the Central Government by notification, in this behalf. CHAPTER IV PUNISHMENTS 51. Punishment by Force Courts. –(1) Punishments may be inflicted in respect of offenc es committed by persons subject to this Act and convic ted by Force Courts according to the scale followin g, namely:– (a) death; (b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in Force custody; (c) dismissal or removal from the service; (d) compulsory retirement from the service; (e) imprisonment for a term not exceeding three month s in Force custody; (f) reduction to the ranks or to a lower rank or grad e or a place in the list of their rank in the case of an under-officer; (g) reduction to next lower rank in case of an office r or subordinate officer: Provided that no officer shall be reduced to a rank lower than the one to which he was initially appointed; (h) forfeiture of seniority of rank and forfeiture of all or any part of the service for the purpose of promotion; (i) forfeiture of service for |
(Forty-second Amendment) Act, 1976, s. 12, for the Explanation (w.e.f. 3-1-1977). 2. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 2, for "2000" (w.e.f. 21-2-2002). THE CONSTITUTION OF INDIA (Part V.—The Union)28 57. Eligibility for re-election. —A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution, be eligible for re-election to that office. 58. Qualifications for election as President .—(1) No person shall be eligible for election as President unless he— (a)is a citizen of India, (b) has completed the age of thirty-five years, and (c) is qualified for election as a member of the House of the People. (2) A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments. Explanation.— For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or Vice-President of the Union or the Governor 1*** of any State or is a Minister either for the Union or for any State. 59. Conditions of President's office. —(1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any State, and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President. (2) The President shall not hold any other office of profit. (3) The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. (4) |
Section 109: When appeals lie to the Supreme Court
Description:
1[109. When appeals lie to the Supreme Court.-- Subject to the provisions in Chapter IV of Part V of
the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals
from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court
from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies
(i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.] |
of the project, including the provisions for water, sanitation, electricity and other amenities and services as agreed to betwe en the promoter and the allottee in accordance with the terms and condit ions of the agreement for sale. (3) The allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter under sub -clause ( C) of clause ( l) of sub -section ( 2) of section 4. (4) The allottee shall be entitled to claim the refund of amount paid along with intere st at such rate as may be prescribed and compensation in the manner as provided under this Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with th e terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this Act or the rules or regulations made thereunder. (5) The allottee shall be entitle d to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building as th e case may be, by the promoter. (6) Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, under section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground r ent, and other charges, if any. (7) The allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment toward s any amount or charges to be |
- Calcium carbonate kg. 7.5% - 2836 60 00 - Barium carbonate kg. 7.5% - - Other : 2836 91 00 -- Lithium carbonates kg. 7.5% - 2836 92 00 -- Strontium carbonate kg. 7.5% - 2836 99 -- Other : 2836 99 10 --- Percar bonates kg. 7.5% - 2836 99 20 --- Magnesium carbonate kg. 7.5% - 2836 99 30 --- Aluminium bicarbonate kg. 7.5% - 2836 99 90 --- Other kg. 7.5% - 2837 CYANIDES , CYANIDE OXIDES AND COMPLEX CYANIDES - Cyanides and cyanide oxides : 2837 11 00 -- Of sodium kg. 10% - 2837 19 -- Other : 2837 19 10 --- Potassium cyanide kg. 7.5% - 2837 19 20 --- Double cyanide of potassium and sodium kg. 7.5% - 2837 19 90 --- Other kg. 7.5% - 2837 20 - Complex cyanides : 2837 20 10 --- Ammonium sulphocyanide kg. 7.5% - 2837 20 20 --- Potassium ferricyanide kg. 7.5% - 2837 20 30 --- Potassium ferrocyanide kg. 7.5% - SECTION -VI CHAPTER -28 (1) (2) (3) (4) (5) 2837 20 40 --- Sodium ferrocyanide kg. 7.5% - 2837 20 50 --- Sodium nitroprusside (sodium nitroferricy anide) kg. 7.5% - 2837 20 90 --- Other kg. 7.5% - 2839 SILICATES ; COMMERCIAL ALKALI METAL SILICATES - Of sodium : 2839 11 00 -- Sodium metasilicates kg. 7.5% - 2839 19 00 -- Other kg. 7.5% - 2839 90 - Other : 2839 90 10 --- Magnesi um trisilicate kg. 7.5% - 2839 90 90 --- Other kg. 7.5% - 2840 BORATES ; PEROXOBORATES (PERBORATES ) - Disodium tetraborate (refined borax) : 2840 11 00 -- Anhydrous kg. 7.5% - 2840 19 00 -- Other kg. 7.5% - 2840 20 - Other borates : 2840 20 10 --- Magnesium borate kg. 7.5% - 2840 20 90 --- Other kg. 7.5% - 2840 30 00 - Peroxoborates (perborates) kg. 7.5% - 2841 SALTS OF OXOMETALLIC OR PEROXOMETALLIC ACIDS 2841 30 00 - Sodium dichromate kg. 7.5% - 2841 50 - Other chromat es and dichromates; peroxochromates: 2841 50 10 --- Sodium chromate kg. 7.5% - |
A.I.R. 1993 SC 412. [ELEVENTH SCHEDULE (Article 243G) 1. Agriculture, including agricultural extension. 2. Land improvement, implementation of land reforms, land consolidation and soil conservation. 3. Minor irrigation, water management and watershed development. 4. Animal husbandry, dairying and poultry. 5. Fisheries. 6. Social forestry and farm forestry. 7. Minor forest produce. 8. Small scale industries, including food processing industries. 9. Khadi, village and cottage industries. 10. Rural housing. 11. Drinking water. 12. Fuel and fodder. 13. Roads, culverts, bridges, ferries, waterways and other means of communication. 14. Rural electrification, including distribution of electricity. 15. Non-conventional energy sources. 16. Poverty alleviation programme. 17. Education, including primary and secondary schools. 18. Technical training and vocational education. 19. Adult and non-formal education. 20. Libraries. 21. Cultural activities. 22. Markets and fairs. 23. Health and sanitation, including hospitals, primary health centres and dispensaries. 24. Family welfare. 25. Women and child development. 26. Social welfare, including welfare of the handicapped and mentally retarded. 27. Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes. 28. Public distribution system. 29. Maintenance of community assets.] ______________________________________________ 1. Eleventh Schedule added by the Constitution (Seventy-third Amendment) Act, 1992, s. 4 (w.e.f. 24-4-1993). [TWELFTH SCHEDULE (Article 243W) 1. Urban planning including town planning. 2. Regulation of land-use and construction of buildings. 3. Planning for economic and social development. 4. Roads and bridges. 5. Water supply for domestic, industrial and commercial purposes. 6. Public health, sanitation conservancy and solid waste management. 7. Fire services. 8. Urban forestry, protection of the environment and promotion of ecological aspects. 9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded. 10. Slum improvement and upgradation. 11. Urban poverty alleviation. 12. Provision of urban amenities and facilities such as parks, gardens, playgrounds. 13. Promotion of cultural, educational and aesthetic aspects. 14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums. 15. Cattle pounds; prevention of cruelty to animals. 16. Vital statistics including registration of births and deaths. 17. Public amenities including street lighting, parking lots, bus stops and public conveniences. 18. Regulation of |
10 91 ---- High value ball point pens u 10% - (US $ 100 and above c.i.f. per unit) 9608 10 92 ---- Ball point pens with body or cap of precious metal u 10% - or rolled precious metal SECTION -XX CHAPTER -96 (1) (2) (3) (4P) (5) 9608 10 99 ---- Other u 10% - 9608 20 00 - Felt tipped and other porous -tipped pens and u 10% - markers 9608 30 - Fountain pens, stylograph pens and other pens: --- Fountain pens 9608 30 11 ---- High value fountain pens (US $ 100 and above u 10% - 9608 30 12 ---- c.i.f. per unit) With body or cap of precious metal or rolled precious u 10% - 9608 30 19 ---- metal Other u 10% - 9608 30 21 --- ---- Stylograph pens : High value pens u 10% - 9608 30 22 ---- (US $ 100 and above c.i.f. per unit) With body or cap of precious metal or rolled u 10% - 9608 30 29 ---- precious metal Other u 10% - 9608 30 91 --- ---- Other : High value pens u 10% - 9608 30 92 ---- (US $ 100 and above c.i.f. per unit) With body or cap of precious meta l or rolled precious u 10% - 9608 30 99 ---- metal Other u 10% - 9608 40 00 - Propelling or sliding pencils u 10% - 9608 50 00 - Sets of articles from two or more of the u 10% - foregoing sub-headings 9608 60 - Refills for ball point pens, comprising the ball 9608 60 10 --- point and ink-reservoir : With liquid ink (for rolling ball-pen) u 10% - 9608 60 90 --- Other u 10% - - Other : 9608 91 -- Pen nibs and nib points : 9608 91 10 --- Nib points for pen u 10% - 9608 91 20 --- Nibs of wool felt or plastics for use in the u 10% - 9608 91 30 --- manufacture of porous tip pen or markers Other pen nibs u 10% - --- |
B, by way of compensation, the excess, if any, of the contract price over the price which B can obtain for the ship at the time of the breach of promise. (e) A, the owner of a boat, contracts with B to take a cargo of jute to Mirzapur, for sale at that place, starting on a specified day. The boat, owing to some avoidable cause, does not start at the time appointed, whereby the arrival of the cargo at Mirza pur is delayed beyond the tim e when it would have arrived if the boat had sailed according to the contract. After that date, and before the arrival of the cargo, the price of jute falls. The measure of the compensation payable to B by A is the difference betwee n the price which B coul d have obtained for the cargo at Mirzapur at the time when it would have arrived if forwarded in due course, and its market price at the time when it actually arrived. (f) A contracts to repair B ’s house in a certain manner, and receives payment in advance . A repairs the house, but not according to contract. B is entitled to recover from A the cost of making the r epairs conform to the contract. (g) A contracts to let his ship to B for a year, from the first of January, for a certain price. Freights rise, an d, on the first of January, the hire obtainable for the ship is higher than the contract price. A breaks his promise. He must pay to B, by way o f compensation, a sum equal to the difference between the contract price and the price for which B could hire a similar ship for a year on and from the first of January. (h) A contracts to supply B with a certain quantity of iron at a fixed price, being a higher price than that for which A could procure and deliver the iron. B wrongfully refuses to receive the iron. B must pay to A, by way of compensation, the differen |
of section 32A — (i) for distribution by way of dividends or profits; or (ii) for remittance outside India as profits or for the creation of any asset outside India ; or 1. Ins. by Act 67 of 1984, s. 30 (w.e.f. 1 -10-1984). 2. Subs. by Act 4 of 1988, s. 2, for “Income -tax Officer” (w.e.f. 1 -4-1988). 3. Subs. by Act 67 of 1984, s. 30, for “from the date of the final order passed” (w.e.f. 1 -10-1984). 4. Sub -section ( 3) omitted by Act 4 of 1988, s. 61 (w.e.f. 1 -4-1989). 5. Subs. by Act 11 of 1987, s. 74, for “sub -section ( 1) of section 74” (w.e.f. 1 -4-1988). 6. Ins. by Act 20 of 1974, s. 13 (w.e.f. 1 -4-1975). 7. Subs. by Act 67 of 1984, s. 30, for “from the date of the order passed” (w.e.f. 1 -10-1984). 8. Ins. by Act 66 of 1976, s. 21 (w.e.f. 1 -4-1976). 9. Subs. by Act 3 of 1989, s. 25, for “the proviso” (w.e.f. 1 -4-1989). (iii) for any other purpose which is not a purpose of the business of the undertaking, the investment allowance originally allowed shall be deemed to have been wrongly allowed, and the 1[Assessing Officer] may, notwithstanding anything contained in this Act, recompute the total income of the assessee for the relevant previous year and make the necessary amendment; and the provisions of section 154 shall, so far as may be, apply thereto, the period of four years specified in sub -section ( 7) of that section being reckoned, — (i) in a case ref erred to in clause ( a), from the end of the previous year in which the sale or other transfer took place; (ii) in a case referred to in clause ( b), from the end of the ten years referred to in that clause; (iii) in a case referred to in clause ( c), from th e end of the previous year in which the amount was utilised. Explanation. —For the purposes of clause ( b), “new ship” or “new aircraft” |
a guardian has been appointed by will or other instrument, his power to mortgage or charge, or transfer by sale, gift, exchange or otherwise, immovable property belonging to his ward is subject to any restriction which may be imposed by the instrument, unless he has under this Act been declared guardian and the Court which made die declaration permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order. 29. Limitati on of powers of guardian of property appointed or declared by the Court .—Where a person other than a Collector, or than a guardian appointed by will or other 1. For notifications appointing authorities to whose control Collectors appointed under the Act shall be subject, see different local R. & O. 2. See now the Code of Criminal Procedure, 1 898 (Act 5 of 1898). instrum ent, has been appointed or declared by the Court to be guardian of the property of a ward, he shall not, without the previous permission of the Court, — (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any pa rt of the immovable property of his ward, or (b) lease any part of that property for a term exceeding five years or for any term extending more than one year beyond the date on which the ward will cease to be a minor. 30. Viodability of transfers made in c ontravention of section 28 or section 29. —A disposal of immovable property by a guardian in contravention of either of the two last foregoing sections is voidable at the instance of any other person affected thereby. 31. Practice with respect to permitting transfers under section 29. —(1) Permission to the guardian to do any of the acts mentioned in section 29 shall not be granted by the Court except in case of necessity or for an evident advantage to the ward. (2) The order granting the permission shall rec ite the necessity or advantage, as the case may be, describe the property with |
horities below the rank of a n Assistant Director. (3) Subject to such conditions and limitations as the Central Government may impose, an authority may exercise the powers and discharge the duties conferred or imposed on it under this Act. 50. Powers of authorities regarding summons, production of docum ents and to give evidence, etc.—(1) The Director shall, for the purposes of section 13, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908 ) while trying a suit in respect of the following matters, namely: — (a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a 1[reporting entity] and examining him on oath; (c) compel ling the production of records; (d) receiving evidence on affidavits; (e) issuing commissions for examination of witness es and documents; and (f) any other matter which may be prescribed. 1. Subs . by Act 2 of 2013 , s. 22 , for “banking company or a financial institution or a company,” (w.e.f. 15 -2-2013). (2) The Director, Additional Director, Joint Director, Deputy Director or Assistant Director shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investi gation or proceeding under this Act. (3) All the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required. (4) Every proceeding under sub -sections ( 2) and ( 3) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860). (5) Subject to any rules made in this behalf by the Central Government, any officer referred to in sub-section ( 2) may impound and retain in his c ustody for such period, as he thinks fit, any records produced before him in any |
for re -appointment: Provided that notwithstanding the expiry of the said period of five years, he shall continue in office until his successor is appointed and enters upon his office: Provided further that the Visitor may direct any Vice -Chancellor after his term has expired, to continue in office for such period, not exceeding a total period of one year, as may be specified by him. (5) The emoluments and other conditions of service of th e Vice -Chancellor shall be as follows: — (i) the Vice -Chancellor shall be paid a monthly salary of Rs. 25,000 (fixed) per month and allowances other than house rent allowance, at the rates fixed by the Central Government from time to time, and he shall be e ntitled, without payment of rent, to use a furnished residence throughout his term of office and no charge shall fall on the Vice -Chancellor in respect of the maintenance of such residence. He would be entitled to free use of University Car; (ii) the Vice -Chancellor shall be entitled to such terminal benefits and allowances as may be fixed by the Executive Council with the approval of the Visitor from time to time: Provided that where an employee of the University or a College or an Institution maintained b y it, or of any other University or any Institution maintained by or affiliated to such other University, is appointed as the Vice -Chancellor, he may be allowed to continue to contribute to any provident fund of which he is a member and the University shal l contribute to the account of such person in that provident fund at the same rate at which the person had been contributing immediately before his appointment as the Vice -Chancellor: Provided further that where such employee had been a member of any pensi on scheme, the University shall make the necessary contribution to such scheme; (iii) the Vice -Chancellor shall be entitled to traveling allowances at such rates as may be fixed by the Executive Council; (iv) the Vice -Chancellor shall be entitled to leave on full pay at the |
paid under sub -section ( 6). (8) The obligations of the allottee under sub -section ( 6) and the liability towards interest under sub-section ( 7) may be reduced when mutually agreed to between the promoter and such allottee. (9) Every allottee of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or cooperative society of the allottees, or a federation of the same. (10) Every allottee shall take physical posse ssion of the apartment, plot or building as the case may be, within a period of two months of the occupancy certificate issued for the said apartment, plot o r building, as the case may be. (11) Every allottee shall participate towards registration of the c onveyance deed of the apartment, plot or building, as the case may be, as provided under sub -section ( 1) of section 17 of this Act. CHAPTER V THE REAL ESTATE REGULATORY AUTHORITY 20. Establishment and incorporation of Rea l Estate Regulatory Authority .—(1) The appropriate Government shall, within a period of one year from the date of coming into force of this Act, by notification, establish an Authority to be known as the Real Estate Regulatory Authority to exercise the powers conferred on it and to perfor m the functions assigned to it under this Act: Provided that the appropriate Government of two or more States or Union territories may, if it deems fit, establish one single Authority: Provided further that the appropriate Government may, if it deems fit, establish more than one Authority in a State or Union territory, as the case may be: Provided also that until the establishment of a Regulatory Authority under this section, the appropriate Government shall, by order, designate any Regulatory Authority or any officer preferably the Secretary of the department dealing with Housing, as the Regulatory Authority f or the purposes under this Act: Provided also that after the establishment of the Regulatory Authority, all applications, complaints or cases pending with the Regulatory Authority designated, shall stand transferred to the Regulatory Authority so established |
parties, theusages of trade, if any, the circumstances giving rise to the consumer dispute and such otherrelevant factors, as he may deem necessary and shall be guided by the principles of naturaljustice while carrying out mediation. (3) The mediator so nominated shall conduct mediation within such time and in such manner as may be specified by regulations. 80. (1) Pursuant to mediation, if an agreement is reached between the parties with respect to all of the issues involved in the consumer dispute or with respect to only some ofthe issues, the terms of such agreement shall be reduced to writing accordingly, and signedby the parties to such dispute or their authorised representatives. (2) The mediator shall prepare a settlement report of the settlement and forward the signed agreement along with such report to the concerned Commission. (3) Where no agreement is reached between the parties within the specified time or the mediator is of the opinion that settlement is not possible, he shall prepare his reportaccordingly and submit the same to the concerned Commission. 81. (1) The District Commission or the State Commission or the National Commission, as the case may be, shall, within seven days of the receipt of the settlement report, passsuitable order recording such settlement of consumer dispute and dispose of the matteraccordingly. (2) Where the consumer dispute is settled only in part, the District Commission or the State Commission or the National Commission, as the case may be, shall record settlement ofthe issues which have been so settled and continue to hear other issues involved in suchconsumer dispute. (3) Where the consumer dispute could not be settled by mediation, the District Commission or the State Commission or the National Commission, as the case may be, shallcontinue to hear all the issues involved in such consumer dispute. CHAPTER VI P RODUCT LIABILITY 82. This Chapter shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by aproduct manufacturer or serviced by a product service provider or sold by a product seller. 83. A |
holding an inquiry; (o) the conditions and restrictions subject to which an officer may enter upon any land for the purpose of survey and taking measurement; (p) the levy of fees in respect of any matter under this Act; (q) any other matter which has to be, or may be prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of Parliament while it is in ses sion fo r a total period of thirty days 2[which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or th e successive sessions aforesaid ], both Houses agree in mak ing any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be wit hout prejudice to the validity of anything previously done under that rule. 28. [Amendment of the Delhi Land Reforms Act, 1954 .] Rep. b y the Repealing and Amending Act, 1964 (52 of 1964), s. 2 and the First Schedule (w.e.f. 29-12-1964). 1. Subs. by Act 15 of 1976, s. 13, for “compensation” (w.e.f. 8 -12-1975). 2. Subs. by s. 13, ibid., for “compensation ” (w.e.f. 8 -12-1975). |
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