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Start Free TrialSecurities Contracts (Regulation) Act, 1956 Complete Act
State: Central
Year: 1956
.....which, inter alia, are stated as under:" (i) A view was expressed before the Standing Committee that since under Section 30 of the Indian Contract Act, 1872, the contracts which are cash settled are classified as wagers and trading in wagers is null and void, the index future which are always cash settled would also be classified as wagers under the said Act. Due to this, no proceedings to enforce an index future contract either by an exchange against a defaulting broker or client against his broker would stand the legal scrutiny before the court of law. The Committee was, therefore, of the view that there was no harm in having an overriding provision as a matter of abundant caution. They, therefore, suggested the incorporation of the following provision in the Bill, namely: " "Notwithstanding anything contained in any other Act, contracts in derivatives as per this Act shall be legal and valid."; (ii) The Committee was convinced that stock exchanges which are presently working would be better equipped to undertake trading in derivatives in a sophisticated environment. They further observed that most of these exchanges have already been modernised having state-of- the-art.....
List Judgments citing this sectionSecurities Contracts Regulation Act, 1956 (42 of 1956) Section 9
Title: Power of Recognised Stock Exchanges to Make Byelaws
State: Central
Year: 1956
..... (a) specify the bye-lawsthe contravention of which shall make a contract entered into otherwise than inaccordance with the bye-laws voidunder sub-section (1) of section14; (b) provide that thecontravention of any of the bye-lawsshall render the member concerned liable to one or more of the followingpunishments, namely:- (i) fine; (ii) expulsion frommembership; (iii) suspension frommembership for a specified period; (iv) any other penalty ofa like nature not involving the payment of money. (4) Any bye-lawsmade under this section shall be subject to such conditions in regard toprevious publication as may be prescribed, and when approved by the CentralGovernment, shall be published in the Gazette of India and also in the OfficialGazette of the State in which the principal office of the recognised stockexchange is situate, and shall have effect as from the date of its publicationin the Gazette of India; Provided that if the Central Government is satisfied in any case that inthe interest of the trade or in the public interest any bye-lawshould be made immediately, it may, by order in writing specifying the reasonstherefor, dispense with the condition of previous.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Complete Act
Title: Transfer of Property Act, 1882
State: Central
Year: 1882
.....incidents, rights, liabilities, etc. Section3 - Interpretation-clause Section4 - Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. ChapterII - OF TRANSFERS OF PROPERTY BY ACT OF PARTIES Section5 - Transfer of property defined Section6 - What may be transferred Section7 - Persons competent to transfer Section8 - Operation of transfer Section9 - Oral transfer Section10 - Condition restraining alienation Section11 - Restriction repugnant to interest created Section12 - Condition making interest determinable on insolvency or attempted alienation Section13 - Transfer for benefit of unborn person Section14 - Rule against perpetuity Section15 - Transfer to class some of whom come under sections 13 and 14 Section16 - Transfer to take effect on failure of prior interest Section17 - Direction for accumulation Section18 - Transfer in perpetuity for benefit of public Section19 - Vested interest Section20 - When unborn person acquires vested interest on transfer for his benefit Section21 - Contingent interest Section22 - Transfer to members of a class who attain a particular age Section23 - Transfer.....
List Judgments citing this sectionBanking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Section 10B
Title: Transfer of Unpaid or Unclaimed Dividend to Unpaid Dividend Account
State: Central
Year: 1970
.....six months from such commencement, transfer such unpaid amount to the account referred to in sub-section (1). (3) Any money transferred to the Unpaid Dividend Account of a corresponding new bank in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer, shall be transferred by the corresponding new bank to the Investor Education and Protection Fund established under sub-section (1) of section 205C of the Companies Act, 1956. (4) The money transferred under sub-section (3) to the Investor Education and Protection Fund shall be utilised for the purposes and in the manner specified in section 205C of the Companies Act, 1956.] ___________________________________________ 1. Inserted by the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006, w.e.f. 16.10.2006.
View Complete Act List Judgments citing this sectionBanking Companies (Acquisition and Transfer of Undertakings) Act, 1980 Section 10B
Title: Transfer of Unpaid or Unclaimed Dividend to Unpaid Dividend Account
State: Central
Year: 1980
.....transfer such unpaid amount to the account referred to in sub-section (1). (3) Any money transferred to the Unpaid Dividend Account of a corresponding new bank in pursuance of this section which remains Unpaid or unclaimed for a period of seven years from the date of such transfer, shall be transferred by the corresponding new bank to the Investor Education and Protection Fund established under sub-section (1) of section 205C of the Companies Act, 1956(1 of 1956). (4) The money transferred under sub-section (3) to the Investor Education and Protection Fund shall be utilised for the purposes and in the manner specified in section 205C of the Companies Act,1956(1 of 1956).] ________________________________________________________________ 1. Inserted by the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006 w.e.f. 16.10.2006.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 6
Title: What May Be Transferred
State: Central
Year: 1882
.....transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 6 [for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872)] or (3) to a person legally disqualified to be transferee; 7 [(i) Nothing in this section shall be deemed to authorize a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.] ________________________ 1. Inserted by Act 20 of 1929, Section 6. 2. The words "for compensation for a fraud or for harm illegally caused" omitted by Act 2 of 1900, Section 3. 3. Inserted by Act 35 of 1934, Section 2 and Schedule. 4. Inserted by Act 10 of 1927, Section 2 and Schedule I. 5. The word "Government" successively Substituted by the A.O.1937 and the A.O.1950 to read as above. 6. Substituted by Act 2 of 1900, Section 3, for "for an illegal purpose". 7. Added by Act 3 of 1885, Section 4.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 130
Title: Transfer of Actionable Claim
State: Central
Year: 1882
.....the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed section 131, pays B. The payment is valid, and C cannot sue A for the debt. (ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A's executor, subject to the proviso in sub-section (1) of section 130 and to the provisions of section 132. _____________________ 1. Inserted by Act 20 of 1929, Section 62 2. The words and figures "and notwithstanding anything contained in Section 123" Inserted by Act 38 of 1925, Section 2, omitted by Act 20 of 1929, Section 62. 3. Added by Act 4 of 1938, Section 121 (w.e.f. 1-7-1939).
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 47
Title: Transfer by Co-owners of Share in Common Property
State: Central
Year: 1882
Where several co-owners of immoveable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the shares were equal, and, where they were unequal, proportionately to the extent of such shares. Illustration A, the owner of an eight-anna share, and B and C, each the owner of a four-anna share, in mauza Sultanpur, transfer a two-anna share in the mauza to D, without specifying from which of their several shares the transfer is made. To give effect to the transfer one-anna share is taken from the share of A, and half-an-anna share from each of the shares of B and C.
View Complete Act List Judgments citing this sectionTransfer of Evacuee Deposits Act, 1954 [Repealed] Complete Act
Title: Transfer of Evacuee Deposits Act, 1954 [Repealed]
State: Central
Year: 1954
Preamble1 - TRANSFER OF EVACUEE DEPOSITS ACT, 1954 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Appointment of custodian and Assistant custodians of Deposits Section4 - Transfer of deposits in mass migration area Section5 - Procedure for transfer of certain other deposits to Pakistan Section6 - Transfer of records relating to transferable deposit Section7 - Power of court or Custodian to convert deposits into money before transmission to Pakistan Section8 - Cesser of jurisdiction in respect of deposits transferred Section9 - Reception in India of deposits transferred from Pakistan Section10 - Powers of Custodian Section11 - Jurisdiction of civil courts barred Section12 - Protection of action taken in good faith Section13 - Power to make rules Section14 - Repeal of Ordinance 6 of 1954 Repealing Act1 - REPEALING AND AMENDING ACT, 1960
List Judgments citing this sectionTransfer of Property Act, 1882 Section 60A
Title: Obligation to Transfer to Third Party Instead of Re-transference to Mortgagor
State: Central
Year: 1882
1 [60A. Obligation to transfer to third party instead of re-transference to mortgagor (1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re-transfer, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly. (2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any encumbrance shall prevail over a requisition of the mortgagor and, as between encumbrances, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer. (3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession. ________________________ 1. Sections 60A and 60B Inserted by Act 20 of 1929, section 23.
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