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Indian Penal Code (45 of 1860) Chapter 17

Title: Of Offences Against Property

State: Central

Year: 1860

.....intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats. Section 416 - Cheating by personation A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.--The offence is committed whether the individual personated is a real or imaginary person. Illustration (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to.....

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Indian Penal Code (45 of 1860) Section 415

Title: Cheating

State: Central

Year: 1860

.....likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat". Explanation,--A dishonest concealment of facts is a deception within the meaning of this section. Illustrations (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay, A cheats. (b) A, by pulling a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that me article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps on money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pledging as diamonds article which he knows.....

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The Indian Penal Code 1860 Complete Act

State: Central

Year: 1860

.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....

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CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 34

Title: Saving of Roman Catholic marriages

State: Central

Year: 1866

Nothing contained in this Act {The words and figures "or in Acts Nosection XXV of 1864 and V of 1865" rep. by Act 16 of 1874, section 1 and Schedule} shall be taken to render invalid any marriage of a {The word "Native" omitted by the A.O.1950.} convert to Roman Catholicism if celebrated in accordance with the rules, rites, ceremonies an customs of the Roman Catholic Church {The words "and no Clergyman of such Church shall be liable to any suit or penalty under the provisions of either of the two Acts last herein mentioned, for solemnizing any such marriage rep. by Act 16 of Schedule [NOTE:The Act does not extend to the State of Manipur, vice Act 30 of 1950, section 3 (2A) and Schedule (Part A), as amended by Act 68 of 1956, section 2]} {Subsection by the A.O.1948, for the former section 35.}

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THE CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Complete Act

State: Central

Year: 1866

.....if celebrated in accordance with the rules, rites, ceremonies and customs of the Roman Catholic Church 9[***]. 10[ SECTION 35: EXTENT OF ACT This Act extends to 11[the whole of India 12[except the State of Jammu and Kashmir and the Union territory of Manipur]].] THE FIRST SCHEDULE: FORM OF PETITION (See section 7) Stamp 13[***] To the Judge of the Civil Court of The day of . 18 The petition of A. B. of . Sheathe :- 1. That your petitioner was born on or about the day of 18 . 2. That your petitioner was on the ..day of in the year 18 lawfully married to C. D.. at 3. That the said C. D. is now of the age of .years or thereabouts. 4. That after his said marriage, your petitioner lived and cohabited with his said wife at ..aforesaid until the .day of .18 5. That previous to the day of 18 your petitioner changed his religion for Christianity, and that on such day he was baptized and became a member of the Church of . 6. That on the day of ..18 [At least six months prior to the date of the petition], the said C. D. deserted your petitioner, and has not since resumed cohabitation with him. 7. That such desertion was in consequence of your petitioner's said.....

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Divorce Act, 1869 Schedule 1

Title: Schedule of Forms

State: Central

Year: 1869

.....of........................, ........................ your petitioner, then a spinster, eighteen years of age, was married in fact, though not in law, to C.D., then a bachelor of about thirty years of age, at [some place in India]. 2. That from the said .................................... day of...................................., ...................................., until the month of .................................... your petitioner lived and cohabited with the said C.D., at diverse places, and particularly at aforesaid. 3. That the said C.D. has never consummated the said pretended marriage by carnal copulation. 4. That at the time of the celebration of your petitioner's pretended marriage, the said C.D. was, by reason of his impotency or malformation, legally incompetent to enter into the contract of marriage. 5. That there is no collusion or connivance between her and the said C.D. with respect to the subject of this suit. Your petitioner therefore prays that this (Hon'ble) Court will declare that the said marriage is null and void. (Signed) A.B. Form of Verification: See No. 1 STATE AMENDMENT 1 Uttar Pradesh: In Form No. 4,.....

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Christian Marriage Act1872 Section 65

Title: Part Vi Not to Apply to Roman Catholics. Saving of Certain Marriages

State: Central

Year: 1872

This Part of this Act, except so much of sections 62 and 63 as are referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part V of Act No.25 of 1864 {Act 25 of 1864 had been rep. by Act 5 of 1865, which was rep. by this Act.}, previous to the twenty-third day of February, 1865.

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Indian Evidence Act 1872 Part 1

Title: Relevancy of Facts

State: Central

Year: 1872

.....context:- "Court".-Court" includes all Judges1 and Magistrates, 2 and all persons, except arbitrators, legally authorized to take evidence. "Fact".-"Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something, is a fact. (c) That a man said certain words, is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact. (e) That a man has a certain reputation, is a fact. "Relevant".-One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue".-The expression "facts in issue" means and includes--any fact from which, either by itself or in connection with other facts, the existence,.....

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Indian Evidence Act 1872 Chapter 2

Title: Of the Relevancy of Facts

State: Central

Year: 1872

..... _______________________ 1. See now the Code of Civil Procedure, 1908 (5 of 1908) Section 6 - Relevancy of facts forming part of same transaction Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. Illustrations (a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact. (b) A is accused of waging war against the 1 [Government of India] by taking part in an armed insurrection in which property is destroyed, troops are attacked and goals are broken open. The occurrence of these facts is relevant, as forming part of the general transaction, thought A may not have been present at all of them. (c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained, are relevant facts, though they do not.....

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Indian Evidence Act 1872 Section 32

Title: Cases in Which Statement of Relevant Fact by Person Who is Dead or Cannot Be Found, Etc., is Relevant

State: Central

Year: 1872

.....procured, without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases:-- (1) when it relates to cause of death.-When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. (2) or is made in course of business.-When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duly; or of an acknowledgment written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document.....

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