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Start Free TrialCapital Issues (Control) Act, 1947 [Repealed] Section 14
Title: Burden of Proof in Certain Cases
State: Central
Year: 1947
Where any person is prosecuted for contravening any provision of this Act or of any order made there under which prohibits him from doing an act without the consent or permission of any authority the burden of proving that he had the requisite consent or permission shall be on him.
View Complete Act List Judgments citing this sectionThe Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 Complete Act
State: Maharashtra
Year: 1947
.....by notification in the Official Gazette, specify a village, mahal or taluka or tahsil or any part thereof as a local area for the purposes of this Act. Ins. by Bom. Act 61 of 1958, s. 3(4) SECTION 04: SETTLEMENT OF STANDARD AREAS (1) The State Government may, after such inquiry as it deems fit and after consultation with the District Advisory Committee '[or any other body], appointed by it, provisionally settle for any class of land in any local area the minimum area that can be cultivated profitably as a separate plot. (2) The State Government shall by notification in the Official Gazette, and in such other manner as may be prescribed publish the minimum areas provisionally settled by it under sub-section (1) and invite objections thereto. 1. These words were inserted by Bom. Act, 61 of 1958, s. 3(4). SECTION 05: DETERMINATION AND REVISION OF STANDARD AREAS (1) The '[State] Government shall, after considering the objections, if any, received within three months of the date of publication of the notification under sub-section (2) of section 4 in the village concerned and making such further inquiry as it may deem fit, determine the standard area for each class of.....
List Judgments citing this sectionBombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Chapter 4
Title: Effect of Consolidation Proceedings and of Consolidation of Holdings
State: Central
Year: 1947
.....29A was inserted by Bom.Act 69 of 1963, Sec. 11. 2. These words were substituted forthe words and figures "Bom. Tenancy and Agricultural Lands Act, 1948"by Bom. Act of 61 of 1958 Sec. 3(19). Section 30 - Apportionment of compensation or net value in case of dispute Wherethere is a dispute in respect of the apportionment of - (a)the amount of compensation determined under sub-section (2) of section 16 orsub-section (4) of section 17; 1 [(aa) the amount of compensationdetermined under section 18; 2 [(b)the amount of additionalcompensation or reduction in compensation determined under subsection (4), orthe net value realised or payable under sub-section (6) or (7) of section 21]; (c)the total amount of compensation determined under sub-section (2) of section29, the Consolidation Officer shall refer the dispute to the decision of theDistrict Court and deposit the amount of the compensation or net value, as thecase may be, in the Court and thereupon the provisions of sections 33, 53 and54 of the Land Acquisition Act, 1894,3 [* * *] 4 [* *]shall, so far as may, apply. _______________________ 1. Inserted by Bom. Act 61 of 1958,Sec. 3(20). 2. Subs. by Mah. Act, 19.....
View Complete Act List Judgments citing this sectionCapital Issues (Control) Act, 1947 Complete Act
State: Central
Year: 1947
.....to provide for 1[* *] control over issues of capital. WHEREAS it is expedient to provide for1[* *] control over issues of capital; It is hereby enacted as follows The Act has been extended to the new provinces and merged States bythe Merged States (Laws) Act, 1949) (59 of 1949), S. 3 (1-1- 1950) and to the Union Territories (now States) of Manipur. Tripura & Vindhya Pradesh bythe Union Territories (Laws) Act. 1950 (30 of 1950) . S. 3 (16-4-1950). Vindhva Pradesh now forms part of the State of Madhya Pradesh-See C. A. 37 of 1956. S. 9 (1 )(a) (1-11-1956). The Act now extends to the Union Territories of- (1) Goa. Daman and Din - -see Regn. 12 of 1962 (24- 1-1963). [Goa is now a State - See Act 18 of 1987. S.3 (30-5-1987). (2) Dadra and Nagar Haveli - Act as in force in the State of Gujarat is extended to this territory with effect from 1-1- 1966 - See Gazette of India. 18-12-65. Pt. II. S. 3(l). p. 2016. (3) Pondicherry. by Regn. 7 of 1963 (1-10-1963). (4) Laccadive Minicoy and Amindivi Islands by Regn. 8 of 1965 (1-10- 1967). These are now known as Lakshadweep Islands - See Act 34 of 1973. SECTION 01: SHORT TITLE, EXTENT AND DURATION - (1) This Act may be called.....
List Judgments citing this sectionBombay Agricultural Pests and Diseases Act, 1947 Complete Act
State: Maharashtra
Year: 1947
.....be followed in respect of such appeals]; and (iii) the mode of determining the value of44[any crop or of plants or trees] for the purposes of this Act. (3) The rules made under this section shall, subject to the condition of previous publication, be published in the Official Gazette. 45(4) All rules made under this section shall be laid before each House of the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following and publish in the official Gazette.] SECTION 18: BOM XIV OF 1941 REPEAL OF BOM XIV OF 1941 The Bombay Agricultural Pests and Diseases Act, 1941, is hereby repealed. SECTION 19: FURTHER REPEAL AND SAVINGS On the commencement of this Act in the Vidharbha and Hyderabad areas of the State of Maharashtra to which it is extended by the Bombay Agricultural Pests and Diseases (Extension and Amendment) Act, 1961, the following laws that is to say - (i) the Central Provinces and Berar Agricultural Pests and Diseases Act, 1936, and (ii) so much of the Hyderabad Agricultural Pests and Diseases Regulation, 1361 Hijri.....
List Judgments citing this sectionIndustrial Disputes Act, 1947 Complete Act
State: Central
Year: 1947
.....wishes which are merely spiritual or religious in nature), whether or not,- (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes- (a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949) ; (b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include- (1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation: For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of 11 2 of the Plantations Labour Act, 1951 (69 of 1951); or (2) hospitals or dispensaries ; or (3) educational, scientific, research or training institutions ; or (4) institutions owned or managed by organisations wholly or substantially engaged.....
List Judgments citing this sectionPrevention of Corruption Act, 1947 Complete Act
State: Central
Year: 1947
.....he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, or (c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, or (d) if he, by corrupt or illegal means or by otherwise abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; 3 (b) [b] Inserted.by the Anti-Corruption Laws (Amendment) Act., 1964 (40 of 1964), S. 6 (18-12-1964). [or]3 (b) [b] Inserted.by the Anti-Corruption Laws (Amendment) Act., 1964 (40 of 1964), S. 6 (18-12-1964). [(e) if he, or any person on his behalf is in possession of or has, at any time during the period of his office, been in possession, for which the public servant cannot satisfac torily account, of.....
List Judgments citing this sectionBombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 29
Title: Transfer of Encumbrances
State: Maharashtra
Year: 1947
.....therefrom and attach itself to the holding allotted to him under the scheme or to such part of if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the3[* * * ] mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the prescribed manner, put any3[* * *] mortgagee or other encumbrancer entitled to possession into posses sion of the holding to which his1[* *] mortgage or other encumbrance has been transferred under sub section (1). ____________________ 1. The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1). 2. These words were inserted, by Bom......
View Complete Act List Judgments citing this sectionTrading with the Enemy (Continuance of Emergency Provisions) Act, 1947 Complete Act
State: Central
Year: 1947
.....inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. SECTION 04: DELEGATIONS (1) The Central Government may by order direct that any power or duty which by or under any of the provisions as continued in force by section 2-is conferred or imposed upon the Central Government, shall in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged by any officer or authority subordinate to that Government or by any other authority. (3) All orders delegating any power or duty conferred or imposed by any of the provisions continued in force by section 2-made by the Central Government before the commencement of this Act and in force immediately before such commencement shall continue in force and be deemed to be made by the Central Government under this section. SECTION 05: SAVINGS AS TO ORDERS (1) No order made or deemed to be made in exercise of any power conferred by or under any of the provisions continued in force by section 2-shall be called in question in any Court. (2) Where an order purports to have been made and signed.....
List Judgments citing this sectionBombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 29A
Title: Consolidation Officer to Describe Whether Lease Should Be Transferred or Not
State: Maharashtra
Year: 1947
.....it shall attach itself to the holding allotted to the owner under the scheme or such part of it as the Consolidation Officer may, subject to any rules under section 37, appoint and the lessee shall exercise his rights accordingly. The provisions of sub-sections (2) and (3) of section 29 shall apply to such lease as if the lease were a mortgage or other encumbrance. (3) If the Consolidation Officer determines that such lease shall not be transferred from the origi nal holding it shall remain attached thereto, and the owner to whom such holding is allotted under the scheme shall hold it subject to such lease; and the provisions of the2[relevant tenancy law,] shall so far as may be notwithstanding the change in the ownership, apply to such lease; and the rights and liabilities of such owner and the lessee shall be governed by the provisions of the2[said law] as between the landlord and his tenant: Provided that such owners shall not be entitled to arrears of rent due under such lease immediately before the allotment of the holding as aforesaid. (4) An appeal against the decision of the Consolidation Officer under this section shall lie to the Settlement Commissioner within.....
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