Bare Act Search Results

The Code of Criminal Procedure, 1973 Complete Act

State: Rajasthan

Year: 1973

.....issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid" [Vide Kerala Act 21 of 1987 Punjab: In sub-section (1) of section 11, insert the following new sub-section:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area "[Vide Punjab Act 9 of 1978, sec 2 (wef 14-4-1978) Rajasthan: In sub-section (1) of section 11, the following new sub-section shall be inserted, namely:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of.....

Finance Act 1994 Section 73

Title: Recovery of Service Tax Not Levied or Paid or Short Lived or Short-paid or Erroneously Refunded

State: Central

Year: 1994

.....but for this sub-section. 4[Explanation 2.--For the removal of doubts, it is hereby declared that no penalty under any of the provisions of this Act or the rules made thereunder shall be imposed in respect of payment of service-tax under this sub-section and interest thereon.] (4) Nothing contained in sub-section (3) shall apply to a case where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of-- (a) fraud; or (b) collusion; or (c) wilful misstatement; or (d) suppression of facts; or (e) contravention of any of the provisions of this Chapter or of the rules made thereunder with intent to evade payment of service tax. (5) The provisions of sub-section (3) shall not apply to any case where the service tax had become payable or ought to have been paid before the 14th day of May, 2003. (6) For the purposes of this section, "relevant date" means,-- (i) in the case of taxable service in respect of which service tax has not been levied or paid or has been short-levied or short-paid-- (a) where under the rules made under this Chapter, a periodical return, showing particulars of service tax paid.....

Central Excise Act, 1944 Section 11A

Title: Recovery of Duties Not Levied or Not Paid or Short-levied or Short-paid or Erroneously Refunded

State: Central

Year: 1944

.....refunded, by reason of fraud, collusion or any wilful misstatement or suppression of facts, or contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duty, by such person or his agent, to whom a notice is served under the proviso to sub-section (1) by the Central Excise Officer, may pay duty in full or in part as may be accepted by him, and the interest payable thereon under section 11AB and penalty equal to twenty-five per cent. of the duty specified in the notice or the duty so accepted by such person within thirty days of the receipt of the notice.] (2) The Central Excise Officer shall, after considering the representation, if any, made by the person on whom notice is served under sub-section (1), determine the amount of duty of excise due from such person (not being in excess of the amount specified in the notice) and thereupon such person shall pay the amount so determined. 3 [Provided that if such person has paid the duty in full together with, interest and penalty under sub-section (1A), the proceedings in respect of such person and other persons to whom notice is served under sub-section (1) shall,.....

Major Port Trusts Act, 1963 Section 56

Title: Notice of Payment of Charges Short-levied or Erroneously Refunded

State: Central

Year: 1963

(1) When any, Board is satisfied that any charge leviable under this Chapter has been short-levied or erroneously refunded, it may issue a notice to the person who is liable to pay such charge or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice : Provided that no such notice shall be issued after the expiry of two years,-- (a) when the charge is short-levied, from the date of the payment of the charge; (b) where a charge has been erroneously refunded, from the date of the refund. (2) The Board may, after considering the representation, if any, made by the person to whom notice is issued under sub-section (1), determine the amount due from such person and thereupon such person shall pay the amount so determined.

Indian Succession Act, 1925 Section 78

Title: Rejection of Erroneous Particulars in Description of Subject

State: Central

Year: 1925

If the thing which the testator intended to bequeath can be sufficiently identified from the description of it given in the Will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the bequest shall take effect. Illustrations (i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh-lands lying in L, but had no marsh-lands in the occupation of X. The words "in the occupation of X" shall be rejected as erroneous, and the marsh-lands of the testator lying in L Will pass by the bequest. (ii) The testator bequeaths to A "my zamindari of Rampur". He had an estate at Rampur but it was a taluq and not a zamindari. The taluq passes by this bequest.

Securities Contracts Regulation Act, 1956 (42 of 1956) Section 8A

Title: Clearing Corporation

State: Central

Year: 1956

.....make bye-laws and submit the same to the Securities and Exchange Board of India for its approval. (3) The Securities and Exchange Board of India may, on being satisfied that it is in the interest of the trade and also in the public interest to transfer the duties and functions of a clearing house to a clearing corporation, grant approval to the bye-laws submitted to it under sub-Section (2) and approve transfer of the duties and functions of a clearing house to a clearing corporation referred to in sub-Section (1). (4) The provisions of Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall, as far as may be, apply to a clearing corporation referred to in sub-Section (1) as they apply in relation to a recognised stock exchange.".] _________________________ 1. Inserted vide The Securities Laws (Amendment) Act, 2004

Merchant Shipping Act, 1958 Section 85

Title: Power to Cancel or Suspend Certificates Obtained on False or Erroneous Information

State: Central

Year: 1958

If it appears to the Central Government that the holder of a certificate granted under this Act has obtained in on false or erroneous information, it may cancel or suspend such certificate: Provided that no order under this section shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order proposed.

Indian Succession Act, 1925 Section 79

Title: When Part of Description May Not Be Rejected as Erroneous

State: Central

Year: 1925

.....erroneous, because the testator had other property to which such part of the description does not apply. Explanation.In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 78 shall be deemed to have been struck out of the Will. Illustrations (i) A bequeaths to B "my marsh-lands lying in L and in the occupation of X". The testator had marsh-lands lying in L, some of which were in the occupation of X, and some not in the occupation of X". The bequest Will be considered as limited to such of the testator's marsh-lands lying in L as were in the occupation of X. (ii) A bequeaths to B" my marsh-lands lying in L and in the occupation of X, comprising 1,000 bighas of lands". The testator had marsh-lands lying in L some of which were in the occupation of X and some not in the occupation of X. The measurement is wholly inapplicable to the marsh-lands of either class, or to the whole taken together. The measurement Will be considered as struck out of the Will, and such of the testator's marsh-lands lying in I as were in the occupation of X shall alone pass by the bequest.

Slum Areas (Improvement and Clearance) Act, 1973 Section 13

Title: Power to Clear Slum Clearance Areas

State: Karnataka

Year: 1973

If any slum clearance area is not cleared or the buildings demolished before the expiration of the period mentioned in section 12 the prescribed authority shall enter and clear the area and demolish the buildings and subject to the provisions of section 61, sell the materials thereof.

Sarais Act, 1867 Section 9

Title: Power to Shut Up Secure Clear and Clean Deserted Sars

State: Central

Year: 1867

If any sarai by reason of abandonment or of disputed ownership shall remain untenanted, and thereby become a resort of idle and disorderly persons, or become in a filthy or unwholesome state, or be complained of by any two or more of the neighbours as a nuisance, the Magistrate of the District, after due enquiry, may cause notice in writing to be Vienna to the owner or to the person claiming to be the owner, if he be known and resident within the district, and may also cause such notice to be put on some conspicuous part of the sarai, requiring the persons concerned therein, whoever they may be, to secure, enclose, clean or clear the same; and if such requisition shall not be complied with eight days, the Magistrate of the District may cause the necessary work to be executed, and all expenses thereby incurred shall be paid by the owner of the sarai and shall be recoverable like penalties under this Act, or, in case of abandonment or disputed ownership of the sarai, by the sale of any material found therein.