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Home Bare Acts Phrase: abateRepresentation of the People Act, 1951 Chapter IV
Title : Withdrawal and Abatement of Election Petitions
State : Central
Year : 1951
.....substituted as petitioner under clause (c) of sub-section (3) of section 110, in place of the party withdrawing,1[the High Court] shall report the fact to the Election Commission2[and thereupon the Election Commission shall publish the report in the Official Gazette]. ______________________ 1. Substituted by Act 47 of 1966, sec, 47, for "the Tribunal" w.e.f. 14-12-1966 2. Inserted by Act 27 of 1956, Section 61. Section 112 - Abatement of election petitions 1[112. Abatement of election petitions (1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners. (2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem fit. (3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions if any, as security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.] ______________________ 1. Substituted by Act 47 of 1966, Section 48, for section 112 to.....
View Complete Act List Judgments citing this sectionRepresentation of the People Act, 1951 Section 112
Title : Abatement of Election Petitions
State : Central
Year : 1951
1[112. Abatement of election petitions (1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners. (2) Where an election petition abates under sub-section (1), the High Court shall cause the fact to be published in such manner as it may deem fit. (3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions if any, as security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the High Court may deem fit.] ______________________ 1. Substituted by Act 47 of 1966, Section 48, for section 112 to 115 w.e.f. 14-12-1966.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 394
Title : Abatement of Appeals
State : Central
Year : 1973
(1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation.In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister.
View Complete Act List Judgments citing this sectionCentral Excise Tariff (Amendment) Act, 2004 Appendix V
Title : Assessment on the Basis of Mrp (Abatement as a Percentage of Retail Sale Price)
State : Central
Year : 2004
.....goods 35% 11. 1904.10 All goods 35% 12. 1905.11 Biscuits, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power 35% 13. 1905.31 Waffles and wafers, coated with chocolate or containing chocolate 35% 14. 1905.39 All goods 40% 14A. 1905.39 Wafer biscuits 35% 15. 2101.10 Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee 35% 16. 2102.10 All goods 35% 17. 21.05 Ice cream and other edible ice, whether or not containing cocoa 45% 18. 2 1.06 or 24.04 (a) Pan masala (falling under sub-heading No. 2106.00), in retail packs containing ten grams or more per pack, other than the goods containing not more than 15% betel nut by weight and not containing tobacco in any proportion (b) Pan masala containing tobacco (falling under sub-heading 50% No......
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Section 22HA
Title : Abatement of the Proceeding Before Settlement Commission
State : Central
Year : 1957
.....Commission.-- (1) Where -- (i) an application made under section 22C on or after the 1st day of June, 2007 has been rejected under sub-section (1) of section 22D; or (ii) an application made under section 22C has not been allowed to be proceeded with under sub-section (2A) or further proceeded with under sub-section (2D) of section 22D; or (iii) an application made under section 22C has been declared as invalid under sub-section (2C) of section 22D; or (iv) in respect of any other application made under section 22C, an order under sub-section (4) of section 22D has not been passed within the time or period specified under sub-section (4A) of section 22D, the proceedings before the Settlement Commission shall abate on the specified date. Explanation.--For the purposes of this sub-section, "specified date" means-- (a) in respect of an application referred to in clause (i), the date on which the application was rejected; (b) in respect of an application referred to in clause (ii), the 31st day of July, 2007; (c) in respect of an application referred to in clause (iii) the last day of the month in which the application was declared invalid; (d) in.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 245HA
Title : Abatement of Proceeding Before Settlement Commission
State : Central
Year : 1961
1[(1) Where- (i) an application made under section 245C on or after the 1st day of June, 2007 has been rejected under sub-section (1) of section 245D; or (ii) an application made under section 245C has not been allowed to be proceeded with under sub-section (2A) or further proceeded with under sub-section (2D) of section 245D; or (iii) an application made under section 245C has been declared as invalid under sub-section (2C) of section 245D; or (iv) in respect of any other application made under section 245C, an order under sub-section (4) of section 245D has not been passed within the time or period specified under sub-section (4A) of section 245D, the proceedings before the Settlement Commission shall abate on the specified date. Explanation: For the purposes of this sub-section, specified date means - (a) in respect of an application referred to in clause (i), the day on which the application was rejected; (b) in respect of an application referred to in clause (ii), the 31st day of July, 2007; (c) in respect of an application referred to in clause (iii), the last day of the month in which the application was declared invalid; (d) in respect of an.....
View Complete Act List Judgments citing this sectionDisputed Elections (Prime Minister and Speaker) Act, 1977 Section 24
Title : Withdrawal and Abatement of Petitions
State : Central
Year : 1977
The provisions of sections 109 to 116 (both inclusive) of the Representation of the People Act, 1951 (43 of 1951.), relating to withdrawal and abatement of election petitions shall, so far as may be, apply in relation to withdrawal and abatement of petitions under this Act subject to the modifications that the references therein to an election petition, High Court and petitioner shall be construed as references to a petitioner under this Act, the Authority for hearing such petition and the petitioner in respect of such petition respectively.
View Complete Act List Judgments citing this sectionKarnataka Municipal Corporations Act, 1976 Section 339
Title : Abatement of Crowding in Dwelling House or Dwelling Place
State : Karnataka
Year : 1976
.....down in the said order, to abate such overcrowding by reducing the number of lodgers, tenants or other inmates of the building or room, or may pass such other order as he may deem just and proper, (2) The standing committee may declare what amount of superficial cubic space shall be deemed for the purposes of sub-section (1) to be necessary for such occupant of a building or room. (3) If any building or room referred to in sub-section(1) has been sublet, the landlord of the lodgers, tenants or other actual inmates of the same shall, for the purposes of this section, be deemed to be the owner of the building or room. (4) It shall be incumbent on every tenant, lodger, or other inmate of a building or room, to vacate on being required by the owner so to do in obedience to any requisition made under sub-section(1).
View Complete Act List Judgments citing this sectionKarnataka Municipal Corporations Act, 1976 Section 355
Title : Commissioner May Issue Directions for Abatement of Nuisance Caused by Steam or Other Power
State : Karnataka
Year : 1976
(1) If , in any factory, workshop or work-place in which steam-power, water-power or other mechanical power or electric power is used, nuisance is, in the opinion of the Commissioner, caused by the particular kind of fuel used or by the noise or vibration created, he may issue such direction as he thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose. (2) If there has been wilful default in carrying out such directions or if abatement is found impracticable, the Commissioner may,- (a) prohibit the use of the particular kind of fuel; or (b) prohibit the working of the factory, workshop or work-place,- (i) altogether until such directions have been carried out; or (ii) between the hours of 6 p.m. and 6 a.m. or during any particular time or times between such hours.
View Complete Act List Judgments citing this sectionDisplaced Persons (Debts Adjustment) Act, 1951 Section 48
Title : Proceedings Not to Abate on Death of Debtor
State : Central
Year : 1951
Notwithstanding anything contained in this Act, no proceeding before a Tribunal shall be deemed to abate by reason merely of the death of the debtor who is a party to the proceeding, and a decree may be passed notwithstanding the death and such decree shall have the same force and effect as if it had been passed before the death took place: Provided that the Tribunal on an application made in that behalf, shall cause the legal representative of the deceased debtor to be made a party to the proceeding, and nay person so made a party may make any defence appropriate to his character as legal representative of the deceased debtor: Provided further that nothing contained herein shall be deemed to render the legal representative of the deceased debtor liable to satisfy the decree except to the extent to which any of the assets of the deceased debtor have devolved on him.
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