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Home Bare Acts Phrase: avoidable consequencesAct for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Preamble
Title: the Act for Avoiding Wagers (Amendment) Act, 1865
State: Maharashtra
Year: 1865
1[THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865]2 [Act No. III of 1865]3 [31st July, 1865] Repealed in part, by Act 16 of 1895; Repealed in part, by Bom. 3 of 1886; Amended by Bom. 21 of 1959. PREAMBLE 4An Act to amend the law for avoiding wagers. Whereas it is expedient, so far as regards the State of Bombay4 to amend the law for avoiding wagers; It is enacted as follows:-- _____________ 1. The short title was given by the Bombay Short Titles Act, 1921 (Bom. 2 of 1921). 2. This Act was extended to and by virtue of such extension shall be in force in the rest of the State of Bombay (vide Bom. 21 of 1959, section 2). 3. For Statement of Objects and Reasons, see Bombay Government Gazette, 1863, Supplement, p. 420; for Report of the Select Committee, see ibid., p. 485; and for Proceedings in Council see ibid., pp. 407, 452, 505, and ibid., 1864, pp. 407 and 507. 4. This portion was substituted for the original by Bom. 21 of 1959, section 4(a).
View Complete Act List Judgments citing this sectionAct for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Complete Act
Title: the Act for Avoiding Wagers (Amendment) Act, 1865
State: Maharashtra
Year: 1865
Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender
List Judgments citing this sectionIncome Tax Act, 1961 Chapter X
Title: Special Provisions Relating to Avoidance of Tax
State: Central
Year: 1961
.....executive directors or members of the governing board, of each of the two enterprises are appointed by the same person or persons ; or (g) the manufacture or processing of goods or articles or business carried out by one enterprise is wholly dependent on the use of know-how, patents, copyrights, trade-marks, licences, franchises or any other business or commercial rights of similar nature, or any data, documentation, drawing or specification relating to any patent, invention, model, design, secret formula or process, of which the other enterprise is the owner or in respect of which the other enterprise has exclusive rights ; or (h) ninety per cent or more of the raw materials and consumables required for the manufacture or processing of goods or articles carried out by one enterprise, are supplied by the other enterprise, or by persons specified by the other enterprise, and the prices and other conditions relating to the supply are influenced by such other enterprise ; or (i) the goods or articles manufactured or processed by one enterprise, are sold to the other enterprise or to persons specified by the other enterprise, and the prices and other conditions relating thereto.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 93
Title: Avoidance of Income-tax by Transactions Resulting in Transfer of Income to Non-residents
State: Central
Year: 1961
.....the purposes of this Act. (3) The provisions of this section shall not apply if the first-mentioned person in sub-section (1) shows to the satisfaction of the Assessing Officer that (a) neither the transfer nor any associated operation had for its purpose or for one of its purposes the avoidance of liability to taxation ; or (b) the transfer and all associated operations were bona fide commercial transactions and were not designed for the purpose of avoiding liability to taxation. Explanation : For the purposes of this section, (a) references to assets representing any assets, income or accumulations of income include references to shares in or obligation of any company to which, or obligation of any other person to whom, those assets, that income or those accumulations are or have been transferred ; (b) any body corporate incorporated outside India shall be treated as if it were a non-resident ; (c) a person shall be deemed to have power to enjoy the income of a non-resident if (i) the income is in fact so dealt with by any person as to be calculated at some point of time and, whether in the form of income or not, to enure for the benefit of the.....
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Chapter 6
Title: Of the Consequences of Breach of Contract
State: Central
Year: 1872
.....caused to B by the closing of the mill. (q) A contracts to sell and deliver to B, on the first of January, certain cloth which B intends to manufacture into caps of a particular kind, for which there is no demand, except at that season. The cloth is not delivered till after the appointed time, and too late to be used that year in making caps. B is entitled to receive from A, by way of compensation, the difference between the contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making caps, nor the expenses which he has been put to in making preparation for the manufacture. (r) A, a ship-owner, contracts with B to convey him from Calcutta to Sydney in A's ship, sailing on the first of January, and B pays to A, by way of deposit, one-half of his passage-money. The ship does not sail on the first of January, and B, after being in consequence detained in Calcutta for some time and thereby put to some expense, proceeds to Sydney in another vessel, and, in consequence, arriving too late in Sydney, loses a sum of money. A is liable to repay to B his deposit, with interest, and the expense to which he is put.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 12
Title: Appearance of Parties and Consequence of Non-appearance
State: Central
Year: 1908
.....sufficient cause shown, of party ordered to appear in person Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in person, or show sufficient cause to the satisfaction of the Court for failing so to appear, he shall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants, respectively who do not appear. _______________________________ 1. Substituted by Act 22 of 2002, section 10, for rule 2 [as substituted by clause (i) of section 19 of Act 46 of 1999] (w.e.f. 01.07.2002). Earlier rule 2 was amendment by Act 104 of 1976, section 59(i)(a) and (b) (w.e.f. 01.02.1977). 2. Substituted by Act 104 of 1976, section 59(ii), for certain words (w.e.f. 1-2-1977). 3. Substituted by Act 46 of 1999, section 19(ii), for "one months" (w.e.f. 1-2-1977) Earlier the words "one month" were substituted by Act 104 of 1976, section 59(iii) for the words "three month: (w.e.f. 01.02.0977). 4. Substituted by Act 24 of 1920, section 2, for sub-rule (1). 5. Substituted by Act 104 of 1976, section 59(iv), for clause (a) (w.e.f. 1-2-1977).
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Section 44A
Title: Agreement for Avoidance or Relief of Double Taxation with Respect to Wealth-tax
State: Central
Year: 1957
.....evasion or avoidance, or (c) for recovery of tax under this Act and under the corresponding law in force in that country, and may, by notification in the Official Gazette, make such provision as may be necessary for implementing the agreement]. Explanation. -The expression "reciprocating country" for the purposes of this Act means 3[any country outside India or any territory outside India] which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating country.] ________________________ 1. Inserted by Act 46 of 1964, section 39 w.e.f. 1-4-1965. 2. Substituted by Act 16 of 1972, section 49 w.e.f. 1-4-1972. 3. Substituted by the Finance (No. 2) Act, 2009 w.e.f. 1st October, 2009. "any country"
View Complete Act List Judgments citing this sectionGift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Section 44
Title: Agreement for Avoidance or Relief of Double Taxation with Respect to Gift-tax
State: Central
Year: 1958
1[The Central Government may enter into an agreement with the Government of any reciprocating country- (a) for the avoidance or relief of double taxation with respect to gift-tax payable under this Act and under the corresponding law in force in the reciprocating country, or (b) for exchange of information for the prevention of evasion or avoidance of gift-tax chargeable under this Act or under the corresponding law in force in that country or investigation of cases of such evasion or avoidance, or (c) for recovery of tax under this Act and under the corresponding law in force in that country, and may, by notification in the Official Gazette, make such provision as may be necessary for implementing the agreement.] Explanation.- The expression "reciprocating country" for the purposes of this Act means any country which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating country. _____________________________ 1. Substituted by Act 16 of 1972, section 54 w.e.f. 1-4-1972.
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 94
Title: Avoidance of Tax by Certain Transactions in Securities
State: Central
Year: 1961
.....(2) shall not apply if the owner, or the person who has had a beneficial interest in the securities, as the case may be, proves to the satisfaction of the Assessing Officer (a) that there has been no avoidance of income-tax, or (b) that the avoidance of income-tax was exceptional and not systematic and that there was not in his case in any of the three preceding years any avoidance of income-tax by a transaction of the nature referred to in sub-section (1) or sub-section (2). (4) Where any person carrying on a business which consists wholly or partly in dealing in securities, buys or acquires any securities and sells back or retransfers the securities, then, if the result of the transaction is that interest becoming payable in respect of the securities is receivable by him but is not deemed to be his income by reason of the provisions contained in sub-section (1), no account shall be taken of the transaction in computing for any of the purposes of this Act the profits arising from or loss sustained in the business. (5) Sub-section (4) shall have effect, subject to any necessary modifications, as if references to selling back or retransferring the securities.....
View Complete Act List Judgments citing this sectionAct for Avoiding Wagers (Amendment) Act, 1865, (Maharashtra) Section 4
Title: Repeal and Savings
State: Maharashtra
Year: 1865
1[The Act for Avoiding Wagers (Amendment) Act, 1865, as applied to the Kutch area of the State of Bombay by the Kutch (Application of Laws) Order, 1949, is hereby repealed : Provided that such repeal shall not affect -- (a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and any such legal proceeding or remedy may be instituted, continued or enforced as if the Bombay Act for Avoiding Wagers (Extension and Amendment) Act, 1959, had not been passed.] _____________ 1. Section 4 was inserted by Bom. 21 of 1959, Section 4(c).
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