Bare Act Search Results

Code of Criminal Procedure, 1973 Section 141

Title: Procedure on Order Being Made Absolute and Consequences of Disobedience

State: Central

Year: 1973

(1) When an order has been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by section 188 of the Indian Penal Code (45 of 1860). (2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. (3) No suit shall lie in respect of anything done in good faith under this section.

Indian Contract Act, 1872 Section 7

Title: Acceptance Must Be Absolute

State: Central

Year: 1872

In order to convert a proposal into a promise, the acceptance must (1) be absolute and unqualified; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed manner, and not otherwise; but if he fails to do so, he accepts the acceptance.

Imperial Library (Indentures Validation) Act, 1902 [Repealed] Section 3

Title: Property to Vest Absolutely in Government

State: Central

Year: 1902

Notwithstanding anything herein contained, the property in expressed or intended to be transferred to the Secretary of State for India in Council by the said indentures respectively shall be, and from the dates thereof respectively shall be deemed to have been, vested in Government absolutely and free from all incumbrances, trusts, powers, equities or obligations of any kind or nature whatsoever.

Provincial Insolvency Act, 1920 Section 42

Title: Cases in Which Court Must Refuse an Absolute Discharge

State: Central

Year: 1920

(1) The Court shall refuse to grant an absolute order of discharge under section 41 on proof of any of the following facts, namely: (a) that the insolvent's assets are not of a value equal to eight annas in the rupee on the amount of his unsecured liabilities, unless he satisfies the Court that the fact that the assets are not of a value equal to eight annas in the rupee on the amount of his unsecured liabilities has arisen from circumstances for which he cannot justly be held responsible; (b) that the insolvent has omitted to keep such books of account as are usual and proper in the business carried on by him and as sufficiently disclose his business transactions and financial position within the three years immediately preceding his insolvency; (c) that the insolvent has continued to trade after knowing himself to be insolvent; (d) that the insolvent has contracted any debt provable under this Act without having at the time of contracting it any reasonable or probable ground of expectation (the- burden of proving which shall lie on him) that he would be able to pay it; (e) that the insolvent has failed to account satisfactorily for any loss of assets or for any.....

Indian Carriage of Goods by Sea Act, 1925 (26 of 1925) Section 3

Title: Absolute Warranty of Seaworthiness Not to Be Implied in Contracts to Which Rules Apply

State: Central

Year: 1925

There shall not be implied in any contract for the carriage of goods by sea to which the rules apply any absolute undertaking by the carrier of the goods to provide a seaworthy ship.

Indian Succession Act, 1925 Section 138

Title: Direction That Fund Be Employed in Particular Manner Following Absolute Bequest of Same to or for Benefit of Any Person

State: Central

Year: 1925

Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. Illustration A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A or to place A in any business. A choses to receive the legacy in money. He is entitled to do so.

Indian Succession Act, 1925 Section 139

Title: Direction That Mode of Enjoyment of Absolute Bequest is to Be Restricted, to Secure Specified Benefit for Legatee

State: Central

Year: 1925

Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. Illustrations (i) A bequeaths the residue of his property to be divided equally among his daughters, and directs that the shares of the daughters shall be settled upon themselves respectively for life and be paid to their children after their death. All the daughters die unmarried. The representatives of each daughter are entitled to her share of the residue. (ii) A directs his trustees to raise a sum of money for his daughter, and he then directs that they shall invest the fund and pay the income arising from it to her during her life, and divide the principal among her children after her death. The daughter dies without having ever had a child. Her representatives are entitled to the fund.

Education Act, 1983 Section 63

Title: Land or Building to Vest in Government Absolutely on Possession Being Taken

State: Karnataka

Year: 1983

(1) When, in pursuance of an order under section 61, the Deputy Commissioner takes possession of any land or building by himself or through another, it shall vest absolutely in the State Government free from all encumbrances. (2) If the Deputy Commissioner or any person authorised by him in this behalf is opposed or impeded in taking possession of any land or building under this Chapter he shall, if he is a Magistrate, enforce the surrender of such land or building to himself and if he is not a Magistrate, he shall apply to a Magistrate and such Magistrate shall enforce the surrender of the land or building to the Deputy Commissioner. (3) Whoever opposes or impedes the Deputy Commissioner or any person authorised by him in taking possession of any land or building under this chapter shall be punished with imprisonment which may extend to six months or with fine which may extend to five thousand rupees or with both.

Bombay Forfeited Lands Restoration Act, 1938, (Maharashtra) Section 13

Title: Possession of Land to Be Taken After Declaration and Land to Vest Absolutely in Provincial Government

State: Maharashtra

Year: 1938

.....to the persons interested such compensation as is in his opinion reasonable for the said crops. The decision of the Collector regarding the amount of such compensation shall subject to the provisions of sub-section (3) be final. In case, such offer is not accepted, the Collector shall keep the amount of such compensation in deposit and the provisions of sub-section (2) of section 10 shall, so far as may be, apply to such deposit. (3) Any person aggrieved by the decision of the Collector regarding the amount of compensation under sub-section (2) may within fifteen days from the date of the said decision appeal to the Tribunal. The decision of the Tribunal in such appeal shall be final. (4) Such land shall, on its possession being taken by the Collector under sub-section (1), vest absolutely in the Provincial Government free from all encumbrances and the Provincial Government may restore it to the original holder thereof on such terms and conditions as it thinks fit.

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....