Bare Act Search Results

Indian 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.

Bombay Motor Vehicles (Taxation of Passengers) Act, 1958 Complete Act

State: Maharashtra

Year: 1958

.....as municipal authorities be prescribed, .until the returns ate submitted: Provided that the Tax Officer may, if the operator proves to his satisfaction that the failure to submit the returns referred to in clause (b) was not deliberate, exempt the stage carriage from the operation of that clause. SECTION 10A: REFUND OF EXCESS PAYMENT 1The Tax Officer shall refund to an operator in such manner as may be prescribed the amount of tax and penalty (if any) paid by such operator in excess of the amount due from him. The refund may be either by cash payment or, at the option of the operator, by deduction of such excess from the amount of tax and penalty (if any) due in respect of any other period: Provided that , the Tax Officer shall first apply such excess towards the recovery of any amount due in respect of which a notice under subsection (1) of section 9 has been served on the operator, and shall then refund the balance (if any)] SECTION 11: APPEAL AGAINST DEMAND. (1) Any operator objecting to a notice of demand served on him under section 9 may, within thirty days of the service thereof, appeal to the prescribed authority: Provided that no appeal shall be entertained unless.....

Bombay Motor Vehicles Tax Act, 1958 Complete Act

State: Maharashtra

Year: 1958

.....the rate at which the tax is leviable, and the periods for which the tax has been paid. (1A)3'cost of vehicle, in relation to (a) a vehicle manufactured in India means cost as per the purchase invoice of the vehicle issued either by the manufacturer or the dealer of the vehicle and shall include the basic manufacturing cost, excise duty and the sales tax payable in the State of Maharashtra; and (b) a vehicle imported into India irrespective of its place of manufacture means cost as per the landed value of the vehicle consisting of the assessable value under the Customs Act, 1962 (52 of 1962) and the Customs duty paid thereupon, including additional duty paid, if any, as endorsed in the bill of Entry by the Customs Department."; (2) "fleet owner" means a person who is the registered owner of a fleet of one hundred or more transport vehicles used or kept for use in the State; (2A1)4"goods carriage" means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (2A)5"interest" means interest payable under section 8A. (2B)1"motor vehicles" means a motor vehicle as.....

Code of Criminal Procedure, 1973 Section 215

Title: Effect of Errors

State: Central

Year: 1973

.....he became possessed thereof that such coin was counterfeit," the word " fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the-charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was Haidar Baksh, and the dale of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which.....

Negotiable 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).

Code of Criminal Procedure, 1973 Section 465

Title: Finding or Sentence when Reversible by Reason of Error, Omission or Irregularity

State: Central

Year: 1973

(1) Subject to the provisions hereinbefore contained, on finding sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Patents Act, 1970 (39 of 1970) Section 78

Title: Power of Controller to Correct Clerical Errors, Etc.

State: Central

Year: 1970

.....59 as regards amendment of applications for patents or complete specifications1[or other documents related thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register. (2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request. (3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction. (4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such.....

Foreign Marriage Act, 1969 Section 26

Title: Correction of Errors

State: Central

Year: 1969

(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons, married or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

Christian Marriage Act1872 Section 78

Title: Corrections of Errors

State: Central

Year: 1872

Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of no other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof. And every entry made under this section shall be attested by the witnesses in whose presence it was made. And, in case such certificate has been already sent to the {Subs.by Act 6 of 1886, section.30(b), for " Secretary to the L.G.".} [Registrar General of Births, Deaths and Marriages], such person shall make and send in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.

Special Marriage Act, 1954 Section 49

Title: Correction of Errors

State: Central

Year: 1954

(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons married or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin without any alteration of the original entry and shall sign the marginal entry and add thereto the date of such correction and the Marriage Officer shall make the like marginal entry in the certificate thereof. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made. (3) Where a copy of any entry has already been sent under section 48 to the Registrar-General or other authority the Marriage Officer shall make and send in like manner a separate certificate of the original erroneous entry and of the marginal corrections therein made.