Bare Act Search Results

The Sikkim Cooperative Societies Act, 1978 Complete Act

State: Sikkim

Year: 1978

.....Saving of existing societies.' 117. Powers to make rules. 118. Repeal. 119. Power to remove difficulties. THE SIKKIM CO-OPERATIVE SOCIETIES ACT, 1978 ACT NO. 12 OF 1978. AN ACT to consolidate and amend the law relating ta co-operative societies in the State 'Of Sikkim. (5th April, 1978) WHEREAS it is expedient to further facilitate the formation and working 'Of co-operative societies for the promotion 'Of thrift, self help and mutual aid among persons with common economic needs and to bring about improvement in agriculture and industry through better methods 'Of production, better business and better living and far that purpose to amend and consolidate the law relating to co-operative societies in the State 'Of Sikkim. Be it enacted by the State Legislature in the Twenty ninth Year 'Of the Republic 'Of India as follows ; CHAPTER I Preliminary Short title, extent and commencement. 1 (i) This Act may be called the Sikkim Co-operative societies Act, 1978. (ii) It extends to the whole 'Of the State 'Of Sikkim. (iii) It shall came into force an such date as the Government may, by notification in the Official Gazette appoint. In this act, unless the.....

Interest Act, 1978 Complete Act

State: Central

Year: 1978

.....used herein but not defined and defined inthe Reserve Bank of India Act, 1934-, shall have the meanings respectively assigned to them in that Act. SECTION 03: POWER OF COURT TO ALLOW INTEREST (1) In any proceedings for the recovery of any debt or damages or in any proceedings in which a claim for interest in respect of any debt or damages already paid is made, the Court may, if it thinks fit, allow interest to the person entitled to the debt or damages or to the person making such claim, as the case may be, at a rate not exceeding the current rate of interest, for the whole or part of the following period, that is to say,- (a) if the proceedings relate to a debt payable by virtue of a written instrument at a certain time, then, from the date when the debt is payable to the date of institution of the proceedings; (b) if the proceedings do not relate to any such debt, then, from the date mentioned in this regard in a written notice given by the person entitled or the person making the claim to the person liable that interest will be claimed, to the date of institution of the proceedings: Provided that where the amount of the debt or damages has been repaid before the.....

Interest Act, 1978 Section 4

Title: Interest Payable Under Certain Enactments

State: Central

Year: 1978

(1) Notwithstanding anything contained in section 3, interest shall be payable in all cases in which it is payable by virtue of any enactment or other rule of law or usage having the force of law. (2) Notwithstanding as aforesaid, and without prejudice to the generality of the provisions of sub-section (1), the court shall, in each of the following cases, allow interest from the date specified below to the date of institution of the proceedings at such rate as the court may consider reasonable, unless the court is satisfied that there are special reasons why interest should not be allowed, namely:-- (a) where money or other property has been deposited as security for the performance of an obligation imposed by law or contract, from the date of the deposit; (b) where the obligation to pay money or restore any property arises by virtue of a fiduciary relationship, from the date of the cause of action; (c) where money or other property is obtained or retained by fraud, from the date of the cause of action; (d) where the claim is for dower or maintenance, from the date of the cause of action.

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Section 22

Title: Admission or Rejection of Claims

State: Central

Year: 1978

.....producible as evidence; (c) the reception of evidence on affidavits; (d) the issuing of any commission for the examination of witnesses. (6) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the Company is situated : Provided that where a person who is a Judge of a High Court is appointed to be the Commissioner, the appeal shall lie to the High Court of Gujarat, and such appeal shall be heard and disposed of by not less than two Judges of the High Court.

Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 21

Title: Administration or Rejection of Claims

State: Central

Year: 1978

.....for the examination of witnesses (6) Any investigation before the Commissioner shall be deemed to be a judicial proceedings within the meaning of section 193 and 228 of the Indian Penal code (45 of 1860) and the Commissioner shall be deemed to be a civil court for the purposes of section 195 and chapter XXVI of the code of criminal Procedure 1973 (2 of 1974). (7) A claimant who is dissatisfied with 4h decision of the Commissioner may prefer an appeal against the decision to the principle court of original jurisdiction within the local limits of whose jurisdiction the Mokameh unit or as the cad may be the registered office of Arthur Butler and Company is situated; Provided that where a person who is a Judge of A High Court is appointed to be the Commissioner such appeal shall lie to the High Court of the State in which the registered office of Britannia Engineering Company or as the case may be Arthur Butler and Company is situated and such appeal shall be heard and disposed of by not less than tow judges of that High Court.

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Section 19

Title: Claims to Be Made to the Commissioner

State: Central

Year: 1978

Everyperson having a claim against the Company shall prefer such claim before theCommissioner within thirty days from the specified date:1 Providedthat if the Commissioner is satisfied that the claimant was prevented bysufficient cause from preferring the claim within the said period of thirtydays, he may entertain the claim within a further period of thirty days and notthereafter. ________________ 1.1-12-1982 is the specified date.

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Section 21

Title: Examination of Claims

State: Central

Year: 1978

(1) On receipt of the claims made under section 19, the Commissioner shall arrange the claims in the order of priorities specified in the Schedule and examine the same in accordance with such order of priorities. (2) If, on examination of the claims, the Commissioner is of opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the claims in respect of such lower category.

Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 18

Title: Claims to Be Made Commissioner

State: Central

Year: 1978

Every person having a claim against Britannia Engineering Company in relation to the Mokameh unit or against Arthur Butler and Company in relation to the undertakings owned by it shall prefer such claim before the Commissioner within thirty days from the specified date. Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause firm preferring the claim within the said period of thirty days he may entertain the claim within a further period of thirty days but not thereafter.

Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertaking) Act 1978 Section 20

Title: Examination of Claims

State: Central

Year: 1978

(1) On receipt of the claims made under section 18 the Commissioner shall arrange the claims in the order or priorities specified in the second schedule and examine the same in accordance with such order of priorities. (2) If on an examination of the claim the Commissioner is of opinion that the amount paid to him under this act is not sufficient to meet the liabilities specified in any lower category he shall not be required to examine the claim in respect of such lower category.

Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act, 1978 Section 20

Title: Priority of Claims

State: Central

Year: 1978

The claims arising out of the matters specified in the Schedule shall have priorities in accordance with the following principles, namely: (a) Category I shall have precedence over all other categories and Category II shall have precedence over Category III, and so on; (b) the claims specified in each of the categories, except Category III, shall rank equally and be paid in full, but, if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; (c) the liabilities specified in Category III shall be discharged, subject to the priorities specified in this section, in accordance with the terms of the secured loans and the priority, inter se, of such loans; and (d) the question of discharging any liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category.