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Home Bare Acts Phrase: actionable claim Year: 1958 Page 1 of about 237 results (0.011 seconds)

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Gift Tax Act, 1958 Complete Act

State: Central

Year: 1958

.....shall be deemed to be a gift made by the transferor; (c) where there is a release, discharge, surrender, forfeiture, abandonment of any debt, contract or other actionable claim or of any interest in property by any person, the value of the release, discharge, surrender, forfeiture or abandonment, to the extent to which it has not been found to the satisfaction of the [Assessing officer] to have been bona fide, shall be deemed to be a gift made by the person responsible for the release, discharge, surrender, forfeiture or abandonment; (d) where a person absolutely entitled to property causes or has caused the same to be vested in whatever manner in himself and any other person jointly without adequate consideration and such other person makes an appropriation from or out of the said property, the amount of the appropriation used for the benefit of the person making the appropriation or for the benefit of any other person shall be deemed to be a gift made in his favour by the person who causes or has caused the property to be so vested. 29[(e) where a person who has an interest in property as a tenant for a term or for life or a remainder man surrenders or relinquishes his.....

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Gift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Chapter II

Title: Charge of Gift-tax and Gifts Subject to Such Charge

State: Central

Year: 1958

.....be deemed to be a gift made by the transferor; (c) where there is a release, discharge, surrender, forfeiture or abandonment of any debt, contractor other actionable claim or of any interest in property by any person, the value of the release, discharge, surrender, forfeiture or abandonment, to the extent to which it has not been found to the satisfaction of the4[Assessing Officer] to have been bona fide, shall be deemed to be a gift made by the person responsible for the release, discharge, surrender, forfeiture or abandonment; (d) where a person absolutely entitled to property causes or has caused the same to be vested in whatever manner in himself and any other person jointly without adequate consideration and such other person makes an appropriation from or out of the said property, the amount of the appropriation used for the benefit of the person making the appropriation or for the benefit of any other person shall be deemed to be a gift made in his favour by the person who causes or has caused the property to be so vested; 5[(e) where a person who has an interest in property as a tenant for a term or for life or a remainder man surrenders or relinquishes his.....

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Gift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Section 4

Title: Gifts to Include Certain Transfers

State: Central

Year: 1958

.....by any person, the value of the release, discharge, surrender, forfeiture or abandonment, to the extent to which it has not been found to the satisfaction of the4[Assessing Officer] to have been bona fide, shall be deemed to be a gift made by the person responsible for the release, discharge, surrender, forfeiture or abandonment; (d) where a person absolutely entitled to property causes or has caused the same to be vested in whatever manner in himself and any other person jointly without adequate consideration and such other person makes an appropriation from or out of the said property, the amount of the appropriation used for the benefit of the person making the appropriation or for the benefit of any other person shall be deemed to be a gift made in his favour by the person who causes or has caused the property to be so vested; 5[(e) where a person who has an interest in property as a tenant for a term or for life or a remainder man surrenders or relinquishes his interest in the property or otherwise allows his interest to be terminated without consideration or for a consideration which is not adequate, the value of the interest so surrendered, relinquished or allowed to.....

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Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....To meet the immediate requirements of the country soon after independence the Merchant Shipping Laws. (Extension to Acceding States and Amendment) Act, 1949 was enacted, by which the British Merchant Shipping Acts 1894 to 1938 were extended to the Acceding States (later known as Part B States) and Indian Consular Officers were empowered to perform functions in relation to Indian ships outside India and provision was made to enable Government to prescribe the proper national colours for ships registered in India, The Control of Shipping Act, 1947, was another short-term measure which continued the war-time control over Indian shipping and controlled the coastal trade by a system of licensing. This Act, which has been renewed from time to time, is due to expire on the 31st March, 1958. 3. The present Bill revises and consolidates all laws in force in India relating to merchant shipping, whether passed by the British Parliament or the Indian Legislature, and makes provision for the matters discussed in the succeedihg paragraphs, which also indicate the principal changes made in the law ........... -Gaz. of Ind., 1958, Extra., Pt. II, S. 2, p. 203.Act 21 of 1966.- The minimum.....

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Merchant Shipping Act, 1958 Amending Act II

Title: Merchant Shipping (Amendment) Act, 2002

State: Central

Year: 1958

.....(AMENDMENT) ACT, 2002 [Act, No. 63 of 2002] PREAMBLE An Act further to amend the Merchant Shipping Act, 1958, and the Major Port Trusts Act, 1963. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. Short title and commencement. (1) This Act may be called the Merchant Shipping (Amendment) Act, 2002. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. CHAPTERII AMENDMENTOF THE MERCHANT SHIPPING ACT, 1958 2. Substitution of new section for section 76. For section 76 of the Merchant Shipping Act, 1958 (44 of 1958) (hereinafter referred to as the principal Act), the following section shall be substituted, namely:- "76. Certificates of competency to be held by officers of ships.- (1) Every Indian ship, when going to sea from any port or place, shall be provided with officers duly certificated under this Act in accordance with such manning scales as may be prescribed: Provided that the Central Government may prescribe different manning scales.....

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Merchant Shipping Act, 1958 Section 352X

Title: Jurisdiction of Courts

State: Central

Year: 1958

(1) Any action for a claim against the Fund for compensation under section 352W shall be brought before the High Court. (2) The Fund shall have the right to intervene as a party to any legal proceedings instituted in the High Court against the owner or his guarantor. (3) Where an action for compensation for pollution damage has been brought against the owner or his guarantor before the High Court each party to the proceedings may notify the Fund of the proceedings. (4) Where such notice of proceedings has been given to the Fund, any judgment given in the proceedings shall, after it has become final and enforceable, become binding upon the Fund in the sense that the facts and evidence in that judgment may not be disputed by the Fund on the ground that it has not intervened in the proceedings.

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Merchant Shipping Act, 1958 Section 352Y

Title: Extinguishment of Claims

State: Central

Year: 1958

Notwithstanding anything contained in any other law for the time being in force, no action to enforce a claim against the Fund under this Part shall be entertained by a High Court unless- (a) the action to enforce is commenced; or (b) notice of action to enforce a claim against the owner or his guarantor in respect of the same pollution damage is given to the Fund, within three years from the date when the damage occurred: Provided that in no case an action to enforce a claim shall be brought after six years from the date of the incident that caused such damage.

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Delhi Rent Control Act, 1958 Complete Act

State: Delhi

Year: 1958

.....payment of any sum exceeding one month's rent of such premises as rent in advance. (3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment, transfer or assignment of his tenancy or sub-tenancy, as the case may be, of any premises. (4) Nothing in this Section shall apply- (a) to any payment made in pursuance of an agreement entered into before the 1st day of January, 1939; or (b) to any payment made under an agreement by any person to a landlord for the purpose of financing the construction of the whole or part of any premises on the land belonging to, or taken on lease by, the landlord, if one of the conditions of the agreement is that the landlord is to let to that person the whole or part of the premises when completed for the use of that person or any member of his family: Provided that such payment does not exceed the amount of agreed rent for a period of five years of the whole or part of the premises to be let to such person. Explanation- For the purposes of clause (b) of this sub-section, a "member of the family" of a.....

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Merchant Shipping Act, 1958 Section 352A

Title: Limitation of Liability for Damages in Respect of Certain Claims

State: Central

Year: 1958

.....of liability for nuclear damage; (e) claims against the ship owner of a nuclear ship for nuclear damage. Explanation 1.-For the purpose of this section, the act of involving limitation of liability shall not constitute an admission of liability. Explanation 2. - For the purpose of this Part, the liability of a ship owner shall include liability in an action brought against the ship herself.] __________________________ 1. Substituted by The Merchant Shipping (Amendment) Act, 2002 (63 Of 2002). Prior to substitution it read as under: "1352A. Limitation of liability of owner for damages in respect of certain claims.- (1) The owner of a sea-going vessel may limit his liability in accordance with the provisions of section 352B in respect of any claim arising from any of the following occurrences unless the occurrence giving rise to the claim resulted from the actual fault or privity of the owner-- (a) loss of life of or personal injury to, any person being carried in the vessel, or loss of, or damage to any property on board the vessel; (b) loss of life of or personal injury to, any other person (whether on land or on water), loss of or damage to any other property.....

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Karnataka Court-fees and Suits Valuation Act, 1958 Chapter II

Title: Liability to Pay Fee

State: Karnataka

Year: 1958

.....only with the highest of the fees chargeable on them. Nothing in this sub-section shall be deemed to affect any power conferred upon a court under Rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act V of 1908). (4) The provisions of this section shall apply mutatis mutandis to memoranda of appeals, applications, petitions and written statements. Explanation: For the purpose of this section, a suit for possession of immovable property and for mesne profits shall be deemed to be based on the same cause of action. Section 7 - Determination of market value (1) Save as otherwise provided, where the fee payable under this Act depends on the market value of any property, such value shall be determined as on the date of presentation of the plaint. (2) The market value of land in suits falling under section 24 (a), 24 (b), 26 (a), 27, 28, 29, 31, 35(1), 35(2), 35(3), 36, 38, 39 or 45 shall be deemed to be- (a) Where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such an estate and is recorded in the Deputy Commissioner's register as separately assessed with such revenue and such.....

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