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Bills of Exchange Act, 1882 Complete Act

State: Central

Year: 1882

.....operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature the agent in so signing was acting within the actual limit of his authority. SECTION 26: PERSON SIGNING AS AGENT OR IN REPRESENTATIVE CAPACITY (1) Where a person signs a bill as drawer, endorser or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. SECTION 27: VALUE DEFINED (1) Valuable consideration for a bill may be constituted by- (a) any consideration sufficient to support a simple contract ; (b) an antecedent debt or liability. Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. (2) Where value.....

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Indian Stamp Act, 1899 Section 49

Title: Allowance for Spoiled Stamps

State: Central

Year: 1899

.....or the enquiry to be made, the Collector may, on application made within the period prescribed in section 50, and if he is satisfied as to the facts, make allowance impressed stamps spoiled in the cases herein after mentioned, namely:-- (a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person; (b) the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto; (c) in the case of bills of exchange 3 [payable otherwise than on demand] 1 *** or promissory notes- (1) the stamp on 4 [any such bill of exchange] 5 ***signed by or on behalf of the drawer which has not been accepted or made use of in any manner whatever or delivered out of his hands for any purpose other than by way of tender for acceptance. Provided that the paper on which any such stamp is impressed, does not bear any signature intended as or for the acceptance of any bill of exchange 5 *** to be afterwards written thereon: (2) the stamp on any promissory note signed by or on.....

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Indian Stamp Act, 1899 Chapter V

Title: Allowances for Stamps in Certain Cases

State: Central

Year: 1899

.....papers has been duly paid. _____________________ 1. Inserted by Act 4 of 1914, Section 2 and Schedule, Part. I. 2. Inserted by Act 5 of 1906, Section 6. Section 52 - Allowance for misused stamps (a) When any person has inadvertently used for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp for an instrument not chargeable with any duty; or (b) when any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of the provisions of section 13; the Collector may, on application made within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless. Section 53 - Allowance for spoiled or misused stamps how to be made In any case in which.....

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The Indian Stamp Act, 1899 Complete Act

State: Punjab

Year: 1899

.....CERTAIN STAMPS. 91 ACT TO BE TRANSLATED AND SOLD CHEAPLY. 92 REPEAL. 93 STAMP-DUTY ON INSTRUMENTS 94 ENACTMENTS REPEALED THE INDIAN STAMP ACT, 1899 Act No. of Year: ACT NO. 2 OF 1899 Enactment Date: [27th January, 1899.] Act Objective: An Act to consolidate and amend the law relating to Stamps. 1. Short title, extent and commencement - (1) This Act may be called the Indian Stamp Act, 1899. 2*[(2) It extends to the whole of India except the State of Jammu and Kashmir: Provided that it shall not apply to 3*[the territories which, immediately before the 1st November, 1956, were comprised in Part B Amended in U.P. by U. P. Act 10 of 1971. Amended in Haryana by Haryana Act 49 of 1971. Amended in Tamil Nadu by T. N. Act 3 of 1972. Amended in Andhra Pradesh by A. P. Act 10 of 1967. Amended in Goa, Daman and Diu by Goa, Daman and Diu Act 8 of 1969. 1*Amended in its application to the Andaman & Nicobar is kinds by Reg. 1 of 1961. (w.e.f. 21.1.1961). Amended in Rajasthan by Raj Act 14 of 1961. Amended in Madras by Mad. Act 24 of 1967. Amended in U. P. by U. P. Act 11 of 1969. Amended in Haryana by Haryana Act 16 of 1969. 2. Definitions.....

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Indian Stamp Act, 1899 Complete Act

State: Central

Year: 1899

.....the purposes of this section, the expression "securities" shall have the meaning assigned to it in clause (h) of Section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956). SECTION 09: POWER TO REDUCE, REMIT OR COMPOUND DUTIES (1) The Government may, by rule or order published in the Official Gazette- (a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territories under its administration, the duties with which any instruments or any particular class of instruments, or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, by or in favour of any members of such class, are chargeable; and (b) provide for the composition or consolidation of duties in the case of issues by any incorporate company or other body corporate4[or of transfers (where there is a single transferee, whether incorporated or not)] of debentures, bonds or other marketable securities. (2) In this section the expression "the Government" means- (a) in relation to stamp -duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies.....

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Cheques Act, 1957 Complete Act

State: Central

Year: 1957

.....08: PROVISIONS AS TO NORTHERN IRELAND -This Act extends to Northern Ireland, but for the purposes of section 6 of the Government of Ireland Act, 1920, so much of the provisions of this Act as relates to, or affects, instruments other than negotiable instruments shall be deemed to be provisions of an Act passed before the appointed day within the meaning of that section. SCHEDULE 01: ENACTMENTS REPEALED (Section 6) Session and Chapter Short title Extent of Repeal 45 & 46 Vict. c 61 The Bills of Exchange Act, 1882. Section eightytwo 46 & 47 Vict. c. 55 The Revenue Act, 1883. Section seventeen 6 Edw. 7c. 17 The Bills of Exchange (Crossed The whole Act. Cheques) Act, 1906. 22 & 23 Geo. 5c. 44 The Bills of Exchange Act, 1882 The whole Act. Amendment Act, 1932 Central Bare Acts

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The Bombay Money Lenders Act, 1946 Complete Act

State: Maharashtra

Year: 1946

.....other property, whether moveable or immoveable, and includes a wholesale or retail merchant, a commission agent, - a broker, a manufacturer, a contractor, a factory owner, but does not include an artisan or a person who sells his agricultural produce or cattle or buys agricultural produce or cattle, for his use. Explanation."For the purposes of this clause an "artisan" means a person who does not employ more than ten workers in a manufacturing process on any one day of the twelve months immediately preceding. NOTES: (A) Changes made by the new amendment in two of the definitions have created disturbance in business community and especially the money-lenders who were advancing loans to traders. (B) Definition of word LOAN in sub-section 2 has been amended by addition of words WHETHER IN CASH OR KIND AND after the words ADVANCING LOANS. These words appear to have been added to clarify the word loan as to include the advance in kind like grains advanced with condition to return one and half times after harvest. The definition of word LOAN in sub section (9) even prior to the amendment states that the loan meant an advance whether of money or in kind. Thus this particular amendment.....

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Indian Evidence Act 1872 Part 3

Title: Production and Effect of Evidence

State: Central

Year: 1872

.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....

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Indian Evidence Act 1872 Chapter 8

Title: Estoppel

State: Central

Year: 1872

When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing. Illustration A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title. Section 116 - Estoppel of tenant; and of licensee of person in possession No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the license of the person in possession thereof, shall be permitted to deny that such person had a title to such possession at the time when such.....

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Negotiable Instruments Act, 1881 Complete Act

State: Central

Year: 1881

.....When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 (9 of 1872), would discharge the other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are not discharged. SECTION 40: DISCHARGE OF INDORSER'S LIABILITY Where the holder of a negotiable instrument, without the consent of the indorser, destroys or impairs the indorser's remedy against a prior party, the indorser is discharged from liability to the holder to the same extent as if the instrument had been paid at maturity. Illustration A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in blank- First indorsement, "B". Second indorsement, "Peter Williams". Third indorsement "Wright & Co." Fourth indorsement "John Rozario". This bill A puts in suit against John Rozario and strikes out, without John Rozario's consent, the indorsements by Peter Williams and Wright & Co. A is not entitled to recover anything from John Rozario. SECTION 41: ACCEPTOR BOUND, ALTHOUGH INDORSEMENT FORGED An acceptor of a bill of.....

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