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Juvenile Justice Act, 1986 [Repealed] Section 33

Title: Circumstances to Be Taken into Consideration in Making Orders Under the Act

State: Central

Year: 1986

In making any order in respect of a juvenile under this Act, a competent authority shall take into consideration the following circumstances, namely : -- (a) the age of the juvenile ; (b) the state of physical and mental health of the juvenile ; (c) the circumstances in which the juvenile was and is living ; (d) the reports made by the probation officer ; (e) the religious persuasion of the juvenile ; (f) such other circumstances as may, in the opinion of the competent authority, require to be taken into consideration in the interest of the welfare of the juvenile : Provided that in the case of a delinquent juvenile, the above circumstances shall be taken into consideration after the Juvenile Court has recorded a finding against the juvenile that he has committed the offence : Provided further that if no report of the probation officer is received within ten weeks of his being informed under Sec. 19, it shall be open to the Juvenile Court to proceed without it.

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 53A

Title: Relevancy of Statements Under Certain Circumstances

State: Central

Year: 1985

.....of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,-- (a) when the person who made the statement is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice. (2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.] ______________________ 1. Inserted by Act 2 of 1989, section 15 (w.e.f. 29-5-1989).

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Transfer of Property Act, 1882 Section 38

Title: Transfer by Person Authorised Only Under Certain Circumstances to Transfer

State: Central

Year: 1882

Where any person, authorized only under circumstances in their nature variable to dispose of immoveable property, transfers such property for consideration, alleging the existence of such circumstances, they shall, as between the transferee on the one part and the transferor and other persons (if any) affected by the transfer on the other part, be deemed to have existed, if the transferee, after using reasonable care to ascertain the existence of such circumstances, has acted in good faith. Illustration A, a Hindu widow, whose husband has left collateral heirs, alleging that the property held by her as such is insufficient for her maintenance, agrees, for purposes neither religious nor charitable, to sell a field, part of such property, to B. B satisfies himself by reasonable enquiry that the income of the property is insufficient for A's maintenance, and that the sale of the field is necessary, and acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the other part, a necessity for the sale shall be deemed to have existed.

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Customs Act, 1962 Section 138B

Title: Relevancy of Statements Under Certain Circumstances

State: Central

Year: 1962

.....before any gazetted officer of customs during the course of any inquiry or proceeding under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,- ( a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable ; or ( b) when the person who made the statement is examined as a witness in the case before the court and the court is of opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interests of justice. (2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceeding under this Act, other than proceeding before a court, as they apply in relation to a proceeding before a court.] ________________________ 1. Inserted by Act 36 of 1973, section 9 (w.e.f. 1-9-1973).

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Companies Act, 1956 Section 433

Title: Circumstances in Which Company May Be Wound Up by Tribunal

State: Central

Year: 1956

.....its balance sheet and profit and loss account or annual return for any five consecutive financial years; (h) if the company has acted against the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality; (i) if the Tribunal is of the opinion that the company sh ould be wound up under the circumstances specified in section 424G: Provided that the Tribunal shall make an order for winding up of a company under clause (h) on application made by the Central Government or a State Government.] _____________________ 1. Substituted by Act 11 of 2003, Section 51, for Section 433.

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Cantonments Act, 1924 Section 77A

Title: Notice to Be Given of the Circumstances in Which Remission or Refund is Claimed

State: Central

Year: 1924

1 [77A.] Notice to be given of the circumstances in which remission or refund is claimed.-- 2 [No remission or refund under 3 [ * * *] section 76 or section 77 shall be made unless notice in writing of the 4 [fact that the building, land or tenement has become vacant and unproductive of rent], has been given to the 5 [Executive Officer], and no remission or refund shall take effect in respect of any period commencing more than fifteen days before the delivery of such notice. ___________________________ 1. Proviso to section 77 was re-numbered as section 77A by Act 26 of 1927, section 11. 2. Substituted by Act 26 of 1927, section 11, for "Provided that no such remission". 3. The words and figures "section 75" omitted by Act 7 of 1931, section 5. 4. Substituted by Act 7 of 1931, section 5, for "circumstances in which it is claimed". 5. Substituted by Act 15 of 1983, section 50, for "Board" w.e.f. 1-10-1983.

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Government of India Act, 1935 [Repealed] Section 90

Title: Power of Governor in Certain Circumstances to Enact Acts

State: Central

Year: 1935

.....Power of Governor in certain circumstances to enact Acts (1) If at any time it appears to the Governor that, for the purpose of enabling him satisfactorily to discharge his functions in so far as he is by or under this Act required in the exercise thereof to act in his discretion or to exercise his individual judgment, it is essential that provision should be made by legislation, he may by messageto the Chamber or Chambers of the Legislature explain the circumstances which in his opinion render legislation essential, and either-- (a) enact forthwith as a Governor's Act a Bill containing such pro- visions as he considers necessary; or (b) attach to his message a draft of the Bill which he considers necessary. (2) Where the Governor takes such action as is mentioned in para- graph (b) of the preceding sub-section, he may, at any time after the expiration of one month, enact, as a Governor's Act, the Bill proposed by him to the Chamber or Chambers either in the form of the draft communi- cated to them, or with such amendments as he deems necessary, but before so doing he shall consider any address which may have been presented to him within the said period by the Chamber or.....

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Income Tax Act, 1961 Section 40A

Title: Expenses or Payments Not Deductible in Certain Circumstances

State: Central

Year: 1961

.....may be prescribed2, having regard to the nature and extent of banking facilities available, considerations of business expediency and other relevant factors. 2[Provided further that in the case of payment made for plying, hiring or leasing goods carriages, the provisions of sub-sections (3) and (3A) shall have effect as if for the words twenty thousand rupees, the words thirty-five thousand rupees had been substituted.] (4) Notwithstanding anything contained in any other law for the time being in force or in any contract, where any payment in respect of any expenditure has to be made by 3[an account payee cheque drawn on a bank or account payee bank draft] in order that such expenditure may not be disallowed as a deduction under sub-section (3), then the payment may be made by such cheque or draft; and where the payment is so made or tendered, no person shall be allowed to raise, in any suit or other proceeding, a plea based on the ground that the payment was not made or tendered in cash or in any other manner. (5) and (6) [Omitted by the Direct Tax Laws (Amendment) Act, 1987, with effect from 1st April, 1989.] 4[(7) (a) Subject to the provisions of clause (b), no.....

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Central Excise Act, 1944 Section 9D

Title: Relevancy of Statements Under Certain Circumstances

State: Central

Year: 1944

(1) A statement made and signed by a person before any Central Excise Officer of a gazetted rank during the course of any inquiry or proceeding under this Act shall be relevant, for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains, (a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the Court and the Court is of opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interests of justice. (2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act, other than a proceeding before a Court, as they apply in relation to a proceeding before a Court.

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Deposit Insurance and Credit Guarantee Corporation Act, 1961 Section 13D

Title: Circumstances in Which Reserve Bank May Require Winding Up of Co-operative Banks

State: Central

Year: 1961

.....opinion of the Reserve Bank-- (i) a compromise or arrangement sanctioned by a competent authority in respect of the co-operative bank cannot be worked satisfactorily with or without modifications, or (ii) the continuance of the co-operative bank is prejudicial to the interests of its depositors. (2) Without prejudice to the provisions of any other law for the time being in force, a co-operative bank shall, for the purpose of clause (c) of sub-section (1), be deemed to be unable to pay its debts:-- (i) if, on the basis of the returns, statements or information furnished to the Reserve Bank under or in pursuance of the provisions of the Banking Regulation Act, 1949, the Reserve Bank is of opinion that the co-operative bank is unable to pay its debts; or (ii) if the co-operative bank has refused to meet any lawful demand made at any of its offices or branches within two working days, if such demand is made at a place where there is an office, branch or agency of the Reserve Bank, or within five working days if such demand is made elsewhere and, in either case, the Reserve Bank certifies in writing that the co-operative bank is unable to pay its debts.

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