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Home Bare Acts Phrase: apparent agentIndian Contract Act, 1872 Section 229
Title: Consequences of Notice Given to Agent
State: Central
Year: 1872
Any notice given to or information obtained by the agent, provided it be given or obtained in the course of the business transacted by him for the principal, shall, as between the principal and third parties, have the same legal consequences as if it had been given to or obtained by the principal. Illustration (a) A is employed by B to buy from C certain goods, of which C is the apparent owner, and buys them accordingly. In the course of the treaty for the sale, A learns that the goods really belonged to D, but B is ignorant of that fact. B is not entitled to set-off a debt owing to him from C against the price of the goods. (b) A is employed by B to buy from C goods of which C is the apparent owner. A was, before he was so employed, a servant of C, and then learnt that the goods really belonged to D, but B is ignorant of that fact. In spite of the knowledge of his agent, B may set-off against the price of the goods a debt owing to him from C.
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 5
Title: Continuous and Discontinuous, Apparent and Non-apparent Easements
State: Central
Year: 1882
Easements are either continuous or discontinuous, apparent or non-apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment. An apparent easement is one the existence of which is shown by some permanent sign which, upon careful inspection by a competent person, would be visible to him. A non-apparent easement is one that has no such sign. Illustrations (a) A right annexed to B 's house to receive light by the windows without obstruction by his neighbour A. This is a continuous casement. (b) A right of way annexed to A's house over B's land. This is a discontinuous easement. (c) Rights annexed to, A's land to lead water thither across B's land by an aqueduct and to draw off water thence by a drain. The drain would be discovered upon careful inspection by a person conversant with such matters. These are apparent easements. (d) A right annexed to A's house to prevent B from building on his own land. This is a non-apparent easement.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 89
Title: Payment of Instrument on Which Alteration is Not Apparent
State: Central
Year: 1881
.....of such electronic image and the truncated cheque sh all be a material alteration and it sh all be the duty of the bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic image of the truncated cheque while truncating and transmitting the image. ( 3 ) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque, sh all verify from the party who transmitted the image to it, that the image so transmitted to it and received by it, is exactly the same.] _____________________ 1. Section 89 renumbered as sub-section ( 1) thereof by Act 55 of 2002, sec. 5 (w .e.f. 6- 2- 2003). 2. Inserted by Act 55 of 2002, sec. 5 (w .e.f. 6- 2- 2003).
View Complete Act List Judgments citing this sectionBombay Police Act, 1951, (Maharashtra) Section 160
Title: No Public Servant Liable as Aforesaid for Giving Effect in Good Faith to Any Rule, Order or Direction Issued with Apparent Authority
State: Maharashtra
Year: 1951
No public servant or person duly appointed or authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to any such order or direction issued with apparent authority by the State Government or by a person empowered in that behalf under this Act or any rule, order or direction made or given thereunder.
View Complete Act List Judgments citing this sectionInsurance Regulatory and Development Authority (Licensing of Corporate Agents) Regulations, 2002 Complete Act
State: Central
Year: 2002
.....help and cooperation to an insured in completion of all formalities and documentation in the event of a claim; (g) give due publicity to the fact that the corporate agent does not underwrite the risk or act as an insurer; (h) enter into service level agreements with the insurer in which the duties and responsibilities of both are defined. (2) Every corporate agent or a corporate insurance executive or a specified person shall also follow the code of conduct specified below: (i) every corporate agent/corporate insurance executive/specified person shall,- (a) identify himself and the insurance company of whom he is a representative; (b) disclose his licence/certificate to the prospect on demand; (c) disseminate the requisite information in respect of insurance products offered for sale by his insurer and take into account the needs of the prospect while recommending a specific insurance plan; (d) disclose the scales of commission in respect of the insurance product offered for sale, if asked by the prospect; (e) indicate the premium to be charged by the insurer for the insurance product offered for sale; (f) explain to the prospect the nature of information required in.....
List Judgments citing this sectionRepresentation of the People Act, 1951 Chapter II
Title: Candidates and their Agents
State: Central
Year: 1951
.....shall be given in the prescribed manner to the returning officer.] ______________________ 1. Substituted by Act 27 of 1956, Section 23, for section 40. Section 41 - Disqualification for being an election agent 1[41. Disqualification for being an election agent Any person who is for the time being disqualified under the Constitution or under this Act for being a member of either House of Parliament or the House or either House of the Legislature of a State or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election.] ______________________ 1. Substituted by Act 47 of 1966, Section 31, for section 41 w.e.f. 14-12-1966. Section 42 - Revocation of the appointment, or death, of an election agent (1) Any revocation of the appointment of an election agent,1[***] shall be signed by the candidate, and shall operate from the date on which it is lodged with the returning officer. 2[(2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, or after the election but before the account of the candidate's election.....
View Complete Act List Judgments citing this sectionInsurance Regulatory and Development Authority (Licensing of Insurance Agents) Regulations, 2000 Complete Act
State: Central
Year: 2000
.....in the form of a report (called "Insurance Agent's Confidential Report") along with every proposal submitted to the insurer, and any material fact that may adversely affect the underwriting decision of the insurer as regards acceptance of the proposal, by making all reasonable enquiries about the prospect; (h) inform promptly 'the prospect about the acceptance or rejection of the proposal by the insurer; (i) obtain the requisite documents at the time of filing the proposal form with the insurer; and other other documents. subsequently asked for by the insurer for completion of the proposal; (j) render necessary assistance to the policy- holders or claimants or beneficiaries in complying with the requirements for settlement of claims by the insurer; (k) advise every individual policy-holder to effect nomination or assignment or change of address or exercise of options, as the case may be, and offer necessary assistance in this behalf, wherever necessary; (ii) No insurance agent shall,- (a) solicit or procure insurance business without holding a valid licence; (b) induce the prospect to omit any material information in the proposal form; (c) induce the prospect to submit.....
List Judgments citing this sectionCompanies Act, 1956 Chapter 3
Title: Managing Agents
State: Central
Year: 1956
..... 6. Inserted by Act 65 of 1960, Section 127 (w.e.f. 28-12-1960). 7. Inserted by Act 11 of 2000, Section 37. 8. Clause (a) omitted by Act, 2000, Section 160 (w.e.f. 13-12-2000). Section 350 - Ascertainment of depreciation 1[350. Ascertainment of depreciation The amount of depreciation to be deducted in pursuance of clause (k) of sub-section (4) of section 349 shall be2[the amount of depreciation on assets] as shown by the books of the company at the end of the financial year expiring at the commencement of this Act or immediately thereafter and at the end of each subsequent financial year,3[at the rate specified in Schedule XIV]: Provided that if any asset is sold, discarded, demolished or destroyed for any reason before depreciation of such asset has been provided for in full, the excess, if any, of the written-down value of such asset over its sale proceeds or, as the case may be, its scrap value, shall be written off in the financial year in which the asset is sold, discarded, demolished or destroyed.] _______________________ 1. Substituted by Act 65 of 1960, Section 128, for section 350 (w.e.f. 28-12-1960). 2. Substituted by Act 53 of 2000,.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Chapter XXI
Title: Patent Agents
State: Central
Year: 1970
.....as it thinks fit to make- (i) that his name has been entered in the register by error on account of misrepresentation or suppression of material fact; (ii) that he has been convicted of any offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity which in the opinion of the 1 [Controller] renders him unfit to be kept in the register. (2) The 1 [Controller] may, on application and on sufficient cause being shown, restore to the register the name of any person removed therefrom. ________________________ 1. Substituted for "Central Government" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. 2. Substituted for "it" by Patents (Amendment) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 131 - Power of Controller to refuse to deal with certain agents (1) Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act (a) and individual whose name has been removed from, had not restored to, the register; (b) any person who has been convicted of an offence under section 123; (c) any person, not being registered as a.....
View Complete Act List Judgments citing this sectionInsurance Act, 1938 (4 of 1938) Section 42A
Title: Registration of Principal Agents, Chief Agents and Special Agents
State: Central
Year: 1938
.....than two rupees. ( 6 ) Any person who acts as a principal agent, chief agent or special agent, without holding a certificate issued under this section to act as such, shall be punishable with fine which may extend to five hundred rupees, and any insurer or any person acting on behalf of an insurer, who appoints as a principal agent, chief agent or special agent any person not entitled to act as such or transacts any insurance business in India through any such person, shall be punishable with fine which may extend to one thousand rupees. ( 7 ) Where the person contravening sub-section ( 6 ) is a company or a firm, then, without prejudice to any other proceedings which may be taken against the company or firm, every director, manager, secretary or any other officer of the company, and every partner of the firm who is knowingly a party to such contravention shall be punishable with fine which may extend to five hundred rupees. ( 8) The provisions of sub-sections (6) and (7) shall not take effect until the expiry of six months from the commencement of the Insurance (Amendment) Act, 1950 (47 of 1950).] 5[ (9) No insurer shall, on or after the commencement of the Insurance.....
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