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Start Free TrialSecurities Contracts (Regulation) Act, 1956 Complete Act
State: Central
Year: 1956
.....which, inter alia, are stated as under:" (i) A view was expressed before the Standing Committee that since under Section 30 of the Indian Contract Act, 1872, the contracts which are cash settled are classified as wagers and trading in wagers is null and void, the index future which are always cash settled would also be classified as wagers under the said Act. Due to this, no proceedings to enforce an index future contract either by an exchange against a defaulting broker or client against his broker would stand the legal scrutiny before the court of law. The Committee was, therefore, of the view that there was no harm in having an overriding provision as a matter of abundant caution. They, therefore, suggested the incorporation of the following provision in the Bill, namely: " "Notwithstanding anything contained in any other Act, contracts in derivatives as per this Act shall be legal and valid."; (ii) The Committee was convinced that stock exchanges which are presently working would be better equipped to undertake trading in derivatives in a sophisticated environment. They further observed that most of these exchanges have already been modernised having state-of- the-art.....
List Judgments citing this sectionSpecific Relief Act 1963 Section 8
Title: Liability of Person in Possession, Not as Owner, to Deliver to Persons Entitled to Immediate Possession
State: Central
Year: 1963
Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases.-- (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession in the thing claimed has been wrongfully transferred from the plaintiff. Explanation.--Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume-- (a) that compensation in money would not afford the plaintiff adequate relief for the loss the thing claimed, or, as the case may be; (b) that it would be extremely difficult to ascertain the actual damages caused by its loss.
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 43B
Title: Certain Deductions to Be Only on Actual Payment
State: Central
Year: 1961
.....fund or superannuation fund or gratuity fund or any other fund for the welfare of employees, or (c) any sum referred to in clause (ii) of sub-section (1) of section 36, or (d) any sum payable by the assessee as interest on any loan or borrowing from any public financial institution or a State financial corporation or a State industrial investment corporation, in accordance with the terms and conditions of the agreement governing such loan or borrowing, or (e) any sum payable by the assessee as interest on any 1[loan or advances] from a scheduled bank in accordance with the terms and conditions of the agreement governing 2[such loan or advances], 3[or] 3[(f) any sum payable by the assessee as an employer in lieu of any leave at the credit of his employee,] shall be allowed (irrespective of the previous year in which the liability to pay such sum was incurred by the assessee according to the method of accounting regularly employed by him) only in computing the income referred to in section 28 of that previous year in which such sum is actually paid by him: Provided that nothing contained in this section shall apply in relation to any sum 4[***] which is actually.....
View Complete Act List Judgments citing this sectionSecurities Contracts Regulation Act, 1956 (42 of 1956) Section 9
Title: Power of Recognised Stock Exchanges to Make Byelaws
State: Central
Year: 1956
..... (a) specify the bye-lawsthe contravention of which shall make a contract entered into otherwise than inaccordance with the bye-laws voidunder sub-section (1) of section14; (b) provide that thecontravention of any of the bye-lawsshall render the member concerned liable to one or more of the followingpunishments, namely:- (i) fine; (ii) expulsion frommembership; (iii) suspension frommembership for a specified period; (iv) any other penalty ofa like nature not involving the payment of money. (4) Any bye-lawsmade under this section shall be subject to such conditions in regard toprevious publication as may be prescribed, and when approved by the CentralGovernment, shall be published in the Gazette of India and also in the OfficialGazette of the State in which the principal office of the recognised stockexchange is situate, and shall have effect as from the date of its publicationin the Gazette of India; Provided that if the Central Government is satisfied in any case that inthe interest of the trade or in the public interest any bye-lawshould be made immediately, it may, by order in writing specifying the reasonstherefor, dispense with the condition of previous.....
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 19 A
Title: Reinstatement of Persons Belonging to the Indian Naval Reserve Forces on Termination of Period of Training or Actual Service with the Indian Navy
State: Central
Year: 1957
.....(1), he shall be punishable with fine which may extend to one thousand rupees, and the court by which an employer is convicted under this sub-section shall order him (if he has not already been so required by the said authority) to pay to the person whom he has failed to re-employ a sum equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer, and any amount so required to be paid either by the said authority or by the Court shall be recoverable as if it were a fine imposed by such Court. (3) In any proceeding under this section it shall be a defence for an employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period of his training or service with the Indian Navy. (4) The duty imposed by sub-section (1) upon an employer to reinstate in his employment a person such as is described in that sub-section shall attach to an employer who, before such person is actually called up for training or called up into actual service with the Indian Navy, terminates his Employment in circumstances such as to indicate an.....
View Complete Act List Judgments citing this sectionPress and Registration of Books Act, 1867 Section 9
Title: Copies of Books Printed After Commencement of Act to Be Delivered Gratis to Government
State: Central
Year: 1867
.....all maps, prints and engravings finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid. Nothing in the former part of this section shall apply to --- (i) any second or subsequent edition of a book in which edition no additions or alterations either in the latter-press or in the maps, prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this Act, or (ii) any { Subs.by Act 14 of 1922, s.3 and Sch I, for "periodical work"} [newspaper] published in conformity with the rules laid down in section 5 of this Act.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 380
Title: Documents, Etc., to Be Delivered to Registrar by Foreign Companies
State: Central
Year: 2013
.....that none of the directors of the company or the authorised representative in India has ever been convicted or debarred from formation of companies and management in India or abroad; and (h) any other information as may be prescribed. (2) Every foreign company existing at the commencement of this Act shall, if it has not delivered to the Registrar before such commencement, the documents and particulars specified in sub-section (1) of section 592 of the Companies Act, 1956 (1 of 1956), continue to be subject to the obligation to deliver those documents and particulars in accordance with that Act. (3) Where any alteration is made or occurs in the documents delivered to the Registrar under this section, the foreign company shall, within thirty days of such alteration, deliver to the Registrar for registration, a return containing the particulars of the alteration in the prescribed form.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 597
Title: Office Where Documents to Be Delivered
State: Central
Year: 1956
(1) Any document which any foreign company is required to deliver to the Registrar shall be delivered to the Registrar having jurisdiction over New Delhi, and references to the Registrar in this Part [except in sub-section (2)] shall be construed accordingly. (2) Any such document as is referred to in sub-section (1) shall also be delivered to the Registrar of the State in which the principal place of business of the company is situate. (3) If any foreign company ceases to have a place of business in India, it shall forthwith give notice of the fact to the Registrar, and as from the date on which notice is so given, the obligation of the company to deliver any document to the Registrar shall cease, provided it has no other place of business in India.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 57
Title: Actual Total Loss
State: Central
Year: 1963
(1) Whether the subject-matter insured is destroyed, or so damaged as to cease to be a thing of the kind insured, or where the assured is irretrievably deprived thereof, there is an actual total loss. (2) In the case of an actual total loss no notice of abandonment need be given.
View Complete Act List Judgments citing this sectionWakf Act, 1995 Section 68
Title: Duty of Mutawalli or Committee to Deliver Possession of Records, Etc
State: Central
Year: 1995
.....by the Magistrate under sub-section (2), the Magistrate may authorise the successor mutawalli or committee to take charge and possession of such records, accounts, properties (including cash) and may authorise such person to take such police assistance as may be necessary for the purpose. (5) No order of appointment of the successor mutawalli or committee shall be called in question in the proceedings before the Magistrate under this section. (6) Nothing contained in this section shall bar the institution of any suit in a competent civil court by any person aggrieved by any order made under this section, to establish that he has right, title and interest in the properties specified in the order made by the Magistrate under sub-section (2).
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