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Industrial Reconstruction Bank of India Act, 1984 Section 49

Title: Power of Central Government to Grant Relief in the Case of Certain Assisted Industrial Concerns

State: Central

Year: 1984

.....of the business of the assisted industrial concern; (g) the payment in cash or otherwise to the members and other creditors in full satisfaction of their claims -- (i) in respect of their interests or rights, in, or against, the assisted industrial concernbefore the reconstruction or amalgamation; or (ii) where their interests or rights aforesaid, in, or against, the assisted industrial concern has or have been reduced under clause (f), in respect of such interests or rights as so reduced; (h) the vesting of controlling interest, in the reconstructed industrial concern, in the Central Government or its nominee either by the appointment of additional director or by the allotment of additional shares; (i) the allotment to the members of the assisted industrial concern, for any share or shares held by them therein before its reconstruction or amalgamation (whether their interest on such shares has been reduced under clause (f) or not), of shares in the assisted industrial concern on its reconstruction, or, as the case may be, in the transferee industrial concern and where any member claims payment in cash and not allotment of shares, or where it is not possible.....

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Oil Industry Development Act 1974 Section 10

Title: Power of Board to Appoint Directors of Oil Industrial Concern

State: Central

Year: 1974

.....relating to the concern, in so far as it makes, in relation to a Director, any provision for the holding of any share qualification, age limit, restrictions on the number of directorships, retirement by rotation or removal from office shall apply to any Director appointed by the Board under this section. OIL INDUSTRY DEVELOPMENT ACT 1974 Section 10 - Power of Board to appoint Directors of oil industrial concern When the management of an oil industrial concern is taken over by the Board, the Board may, by order notified in the Official Gazette appoint as many persons as it thinks fit to be the Directors of that concern and nothing in the Companies Act, 1956 or in any law or instrument relating to the concern, in so far as it makes, in relation to a Director, any provision for the holding of any share qualification, age limit, restrictions on the number of directorships, retirement by rotation or removal from office shall apply to any Director appointed by the Board under this section.

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State Financial Corporations Act, 1951 Section 32A

Title: Power of Financial Corporation to Appoint Directors or Administrators of an Industrial Concern when Management is Taken over

State: Central

Year: 1951

.....concern on such terms and conditions as the Financial Corporation may think fit.] 2[(3) Nothing in the Companies Act, 1956 (1 of 1956) or in any other law for the time being in force or in any instrument relating to the industrial concern shall, insofar as it makes in relation to a director, any provision for the holding of any share qualification, age limit, restriction on the number of directorships, retirement by rotation or removal from office, apply to any director appointed by the Financial Corporation under this section.] ______________________ 1. Inserted by Act 56 of 1956, section 17 (w.e.f. 1-10-1956). 2. Inserted by Act 6 of 1962, section 16 (w.e.f.16-4-1962).

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Industrial Reconstruction Bank of India Act, 1984 Section 42

Title: Power of Reconstruction Bank to Appoint Directors or Administrators of an Industrial Concern when Management Thereof is Taken over

State: Central

Year: 1984

.....the Official Gazette, appoint as many persons as it thinks fit,-- (a) in any case in which the industrial concern is a company, as defined in the Companies Act, 1956, to be the directors of that industrial concern; or (b) in any other case, to be the administrator of that industrial concern. (2) The power to appoint directors or administrators under this section includes the power to appoint any individual, firm or body corporate to be the manager of the industrial concern on such terms and conditions as the Reconstruction Bank may think fit. (3) For the removal of doubts, it is hereby declared that the power to appoint directors, administrators or managers includes the power to remove or replace the person so appointed. (4) Nothing in the Companies Act, 1956 or in any other law for the time being in force or in any instrument relating to the industrial concern shall, in so far as it makes, in relation to a director, any provision for the holding of any share qualification, age limit, restriction on the number of directorships, retirement by rotation or removal from office, apply to any director appointed by the Reconstruction Bank under this section.

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Industrial Reconstruction Bank of India Act, 1984 Section 50

Title: Power of High Court to Authorise Reconstruction Bank to Prepare Scheme for Reconstruction, Etc., of Industrial Concern

State: Central

Year: 1984

.....revival or rehabilitation of the industrial concern referred to in sub-section (1), and the scheme so made may contain all or any of the matters specified in sub-section (7) of section 49; Provided that no such scheme shall provide for the amalgamation or merger of the company in liquidation or of any undertaking owned by it with any other company, or any other undertaking owned by such other company, except on the authority of a special resolution passed by the members of that other company. (3) The High Court may, if it is satisfied, after considering the scheme prepared under sub-section (2), that the scheme ensures the reconstruction, revival or rehabilitation of the industrial concern which is a company being wound up by the court; and such reconstruction, revival or rehabilitation would ensure an increase in the production of goods needed by the community, approve the scheme with or without any modification and the scheme so approved shall have effect, notwithstanding anything to the contrary contained in any other provisions of this Act or any other law, or any agreement, award or other instrument for the time being in force.

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State Financial Corporations Act, 1951 Section 32F

Title: Restriction on Tiling of Suite for Dissolution, Etc., of an Industrial Concern Not Being a Company when Its Management is Taken over

State: Central

Year: 1951

1[32F. Restriction on tiling of suite for dissolution, etc., of an industrial concern not being a company when its management is taken over.-- (1) Where the management of an industrial concern not being a company as defined in the Companies Act, 1956 (1 of 1956) is taken over by the Financial Corporation, no suit or proceedings for dissolution or for partition shall, insofar as it relates to that industrial concern, lie in any court or before any tribunal or other authority except with the consent of the Financial Corporation. (2) No proceeding for the appointment of any official assignee or receiver in relation to any industrial concern the management of which has been taken over by the Financial Corporation shall lie in any court except with consent of the Financial Corporation.] ______________________ 1. Inserted by Act 56 of 1956, section 17 (w.e.f. 1-10-1956).

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Land Acquisition Act, 1894 Section 38A

Title: Industrial Concern to Be Deemed Company for Certain Purposes

State: Central

Year: 1894

An industrial concern, ordinarily employing not less than one hundred workmen owned by an individual or by an association of individuals and not being a company, desiring to acquire land for the erection of dwelling-houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the acquisition of such land, be deemed to be a company for the purposes of this Part, and the references to company in 1[sections 4, 5A, 6, 7, and 50] shall be interpreted as references also to such concern. ____________________ 1. Substituted by Act 68 of 1984, section 22 for "sections 5A, 6, 7, 17 and 50".

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Industrial Reconstruction Bank of India Act, 1984 Section 37

Title: Assistance to Industrial Concern when to Operate as a Charge on the Property Offered as Security

State: Central

Year: 1984

.....aforesaid, the dues relating to such assistance shall, without prejudice to the rights of any other creditor holding any prior charge or mortgage in respect of the property so specified, be, by virtue of the provisions of this section, a charge on the property specified in the declaration aforesaid. (2) Where any further immovable property is offered as security for the assistance referred to in sub-section (1), a fresh declaration shall be executed, as far as may be, in the form specified in the First Schedule. (3) Every declaration referred to in sub-section (1) or sub-section (2) shall be deemed to be a document registrable as an agreement under the provisions of the Registration Act, 1908, and no such declaration shall have effect unless it is so registered.

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Patents Act, 1970 (39 of 1970) Chapter XVIII

Title: Suits Concerning Infringement of Patents

State: Central

Year: 1970

.....In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.] ________________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003. Section 105 - Power of court to make declaration as to non-infringement (1) Notwithstanding anything contained in section 34 of the Specific Relief Act, 1963 (47 of 1963), any person may institute a suit for a declaration that the use by him of any process, or the making, use of sale of any article by him does not, or would not, constitute an infringement of a claim of a patent against the patentee or the holder of an exclusive licence under the patent, notwithstanding that no assertion to the contrary has been made by the patentee or the licensee, if it is shown- (a) that the plaintiff has applied in writing to the patentee or exclusive licensee for a written acknowledgement to the effect of the declaration claimed and has furnished him with full particulars in writing of the process or article in question; and (b) that.....

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Code of Civil Procedure, 1908 Rule 1 to 6

Title: Suits Relating to Matters Concerning the Family

State: Central

Year: 1908

.....Court may think fit, for the purpose of assisting the Court in discharging the functions imposed by rule 3 of this Order. 5. Duty to inquire into facts In every suit or proceeding to which this Order applies, it shall be the duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any facts alleged by the defendant. 6. "Family"--Meaning of For the purposes of this Order, each of the following shall be treated as constituting a family, namely:-- (a) (i) a man and his wife living together, (ii) any child or children being issue of theirs; or of such man or such wife, (iii) any child or children being maintained by such man and wife; (b) a man not having a wife or not living together with his wife, any child or children, being issue of his, and any child or children being maintained by him; (c) a woman not having a husband or not living together with her husband, any child or children being issue of hers, and any child or children being maintained by her; (d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and (e) any combination of one or more of the groups.....

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