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Indian Succession Act, 1925 Section 282

Title: Punishment for False Averment in Petition or Declaration

State: Central

Year: 1925

If any petition or declaration which is hereby required to be verified contains any averment which the person making the verification knows or believes to be false, such person shall be deemed to have committed an offence under section 193 of the Indian Penal Code, 1860 (45 of 1860).

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Bombay Industrial Relations Act, 1946, (Maharashtra) Section 80D

Title: Judge of Labour Court to Record Minutes of Proceedings Averments, Etc.

State: Maharashtra

Year: 1946

In an inquiry under sections 80 and 80A to 80C, the Judge presiding over the Labour Court shall himself, as such inquiry proceeds, record a minute of the proceedings in his own hand, embracing the material averment made by the parties affected and the material parts of the evidence. The decision shall be signed by him and shall set forth the grounds on which it is based.]

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Air Force Act, 1950 Complete Act

State: Central

Year: 1950

.....he - is ordered by land, sea or air, and that he will obey all commands of any officer set over him, even to the peril of his life. (3) The fact of an enrolled person having taken the oath or affirmation directed by this section to be taken shall be entered on his enrolment paper and authenticated by the signature of the officer administering the oath or affirmation. CHAPTER 04: CONDITIONS OF SERVICE SECTION 18: TENURE OF SERVICE UNDER THE ACT - Every person subject to this Act shall hold office during the pleasure of the President. SECTION 19: TERMINATION OF SERVICE BY CENTRAL GOVERNMENT - Subject to the provisions of this Act and the rules and regulations made thereunder, the Central Government may dismiss, or remove from the service any person subject to this Act. SECTION 20: DISMISSAL, REMOVAL OR REDUCTION BY CHIEF OF THE AIR STAFF AND OTHER OFFICERS - (1)9[The Chief of the Air Staff] may dismiss or remove from the service any person subject to this Act other than an officer. (2)9[The Chief of the Air Staff] may reduce to a lower grade or rank or the ranks, any warrant officer or any non-commissioned officer. (3) An officer having power not less than.....

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Illegal Migrants (Determination by Tribunals) Act, 1983 Chapter II

Title: Establishment of Tribunals

State: Central

Year: 1983

.....opinion of such majority, and where there is no majority and the members are equally divided in their opinion, they shall draw up a statement of the facts of the case and the point or points on which they differ in their opinion and make a reference of the point or points or of the appeal, as the case may be, to the President of such Tribunal and on receipt of such reference, the President of the Tribunal shall arrange for the hearing of such point or points, or the appeal by one or more of the members of the Appellate Tribunal, and such point or points, or the appeal, as the case may be, shall be decided according to the opinion of the majority of the members of the Appellate Tribunal, who have heard the appeal, including those who had first heard it. 1[(3) The Appellate Tribunal shall send a copy of every order passed by it under sub­section (1) to the parties to the appeal, to the Tribunal concerned and to the prescribed authority or authorities.] (4)2[Every order passed under sub-section (1), other than an order remanding the case, shall be final and no order passed under that sub-section shall be called in question in any court.] _________________________ 1......

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Illegal Migrants (Determination by Tribunals) Act, 1983 Complete Act

State: Central

Year: 1983

.....opinion of such majority, and where there is no majority and the members are equally divided in their opinion, they shall draw up a statement of the facts of the case and the point or points on which they differ in their opinion and make a reference of the point or points or of the appeal, as the case may be, to the President of such Tribunal and on receipt of such reference, the President of the Tribunal shall arrange for the hearing of such point or points, or the appeal by one or more of the members of the Appellate Tribunal, and such point or points, or the appeal, as the case may be, shall be decided according to the opinion of the majority of the members of the Appellate Tribunal, who have heard the appeal, including those who had first heard it. 18[(3) The Appellate Tribunal shall send a copy of every order passed by it under sub- section (1) to the parties to the appeal, to the Tribunal concerned and to the prescribed authority or authorities.] (4)19[Every order passed under sub-section (1), other than an order remanding the case, shall be final and no order passed under that sub-section shall be called in question in any court.] SECTION 17: POWER OF SUPERINTENDENCE BY.....

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Mamlatdars Courts Act 1906 Complete Act

State: Central

Year: 1906

.....due notice to the parties He shall without unnecessary delay record a memorandum after hearing the parties on the spot if present of any relevant facts observed as such inspection. The memorandum shall form part of the record of the case. (3) Record of proceedings by Mamlatdar: The Mamlatdar shall with his own hand make or sign a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds and briefly record his reasons for his finding (4) Orders to be passed by Mamlatdar upon decisions in favour of plaintiff and defendant:-Where the Mamlatdars finding upon the issues is in favour of the plaintiff, be shall make such order, not being in excess of the powers vested in him by Section 5, as the circumstances of the case appear him to require, and where b finding is in favour of the defendant, he shall dismiss the suit. In either case the costs of the suit, including the costs of execution, shall follow the decision. SECTION 20: MAMLATDAR'S ORDER TO BE ENDORSED ON PLAINT AND READ OUT IN OPEN COURT Every order of the Mamlatdar whether for rejecting or returning a plaint or whether for allowing or disallowing a claim shall be endorsed by the.....

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Succession Act, 1925 Complete Act

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. SECTION 76: MISNOMER OR MISS DESCRIPTION OF OBJECT (1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. SECTION 77: WHEN WORDS MAY BE SUPPLIED Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. SECTION 78: REJECTION OF ERRONEOUS PARTICULARS IN DESCRIPTION OF SUBJECT If the thing which the testator intended to bequeath can be sufficiently identified.....

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Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

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Specific Relief Act 1963 Chapter II

Title: Specific Performance of Contracts

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

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Specific Relief Act 1963 Section 16

Title: Personal Bars to Relief

State: Central

Year: 1963

Specific performance of a contract cannot be enforced in favour of a person-- (a) who would not be entitled to recover compensation for its breach; or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or (c) who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms of the performance of which has been prevented or waived by the defendant. Explanation.--For the purposes of clause(c),-- (i) where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court; (ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction.

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