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Home Bare Acts Phrase: consentIndian Penal Code (45 of 1860) Section 90
Title: Consent Known to Be Given Under Fear or Misconception
State: Central
Year: 1860
A consent is not such a consent as it intended by any section of this Code, if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or Consent of insane person.--if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or Consent of child.--unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 19
Title: Voidability of Agreement Without Free Consent
State: Central
Year: 1872
.....a contract voidable. Illustrations (a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A's factory, and thereby induces B to buy the factory. The contract is voidable at the option of B. (b) A, by a misrepresentation, leads B erroneously to believe that five hundred maunds of indigo are made annually at A's factory. B examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. After this B buys the factory. The contract is not voidable on account of A's misrepresentation. (c) A fraudulently informs B that A's estate is free from encumbrance. B thereupon buys the estate. The estate is subject to a mortgage. B may either avoid the contract, or may insist on its being carried out and the mortgage debt redeemed. (d) B, having discovered a vein of ore on the estate of A, adopts means to conceal, and does conceal, the existence of the ore from A. Through A's ignorance B is enabled to buy the estate at an undervalue. The contract is voidable at the option of A. (e) A is entitled to succeed to an estate at the death of B, B dies; C, having received intelligence of B's death,.....
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Section 45
Title: Petition Where Person Whose Consent is Necessary is Insane, or Unjustly Withholds Consent
State: Central
Year: 1872
If any person whose consent is necessary to any marriage on under this Part is of unsound mind, or if any such person (other than the father) without just cause withholds his consent to the marriage, the parties intending marriage may apply by petition, where the person whose consent is necessary is resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he is not resident within any of the said towns, then to the District Judge : Procedure on petition.- And the said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way ; and, if upon examination such marriage appears proper, such Judge of the High Court or District Judge, as the case may be, shall declare the marriage to be a proper marriage. Such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage ; and, if he has forbidden the issue of the Marriage Registrar's certificate, such certificate shall be issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of such certificate had not been forbidden.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 264
Title: Consent of Candidatefor Directorship to Be Filed with the Company and Consent to Act as Director Tobe Filed with the Registrar
State: Central
Year: 1956
.....a director or re-appointed as an additional or alternate director, immediately on the expiry of hi s term of office, or (c) a person named as a director of the company under its articles as first registered, shall not act as a director of the company unless he has within thirty days of hi s appointment signed and filed with the Registrar hi s consent in writing to act as such director.] ( 3 ) This section shall not apply to a private company unless it is a subsidiary of a public company.] ______________________ 1. Substituted by Act 65 of 1960, Section 89, for section 264 (w.e.f. 28-12-1960). 2. Substituted by Act 31 of 1965, Section 32, for "other than a person" (w.e.f. 15-10-1965). 3. Substituted by Act 31 of 1965, Section 33, for sub-section (2) (w.e.f. 15-10-1965).
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 114A
Title: Presumption as to Absence of Consent in Certain Prosecutions for Rape
State: Central
Year: 1872
1 [114A. Presumption as to absence of consent in certain prosecutions for rape In a prosecution for, rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.] _______________________ 1. Inserted by Act 43 of 1983, section 6.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 92
Title: Act Done in Good Faith for Benefit of a Person Without Consent
State: Central
Year: 1860
.....an operation be immediately performed. There is no time to apply to the child's guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child's benefit. A has committed no offence. (d) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house-top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child's benefit. Here, even if the child is killed by the fall, A has committed no offence. Explanation.--Mere pecuniary benefit is not benefit within the meaning of sections 88, 89 and 92.
View Complete Act List Judgments citing this sectionWater (Prevention and Control of Pollution) Act, 1974 Section 27
Title: Refusal or Withdrawal of Consent by State Board
State: Central
Year: 1974
.....thereto, or the outlet is so established as to comply with any conditions imposed by the Board to enable it to exercise its right to take samples of the effluent.] 2 [(2) A State Board may from time to time review- 3 [(a) any condition imposed under section 25 or section 26 and may serve on the person to whom a consent under section 25 or section 26 is granted a notice making any reasonable variation of or revoking any such condition.] (b) the refusal of any consent referred to in sub-section (1) of section 25 or section 26 or the grant of such consent without any condition, and may make such orders as it deemed fit.] (3) Any condition imposed under section 25 or section 26 shall be subject to any variation made under sub-section (2) and shall continue in force until revoked under that sub-section. __________________________ 1. Substituted by Act 53 of 1988, section 13, for sub-section (1) (w.e.f. 29-9-1988). 2. Substituted by Act 44 of 1978, section 14, for sub-section (2). 3. Substituted by Act 53 of 1988, section 13, for clause (a) (w.e.f. 29-9-1988).
View Complete Act List Judgments citing this sectionCOMPANIES ACT, 1956 Section 58
Title: Expert's consent to issue of prospectus containing statement by him
State: Central
Year: 1956
A prospectus inviting persons to subscribe for shares in or debentures of a company and including a statement purporting to be made by an expert shall not be issued unless (a) he has given his written consent to the issue thereof with the statement included in the form and context in which it is included, and has not withdrawn such consent before the delivery of a copy of the prospectus for registration; and (b) a statement that he has given and has not withdrawn his consent as aforesaid appears in the prospectus.
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Section 19
Title: Consent of Father, or Guardian, or Mother
State: Central
Year: 1872
The father, if living, of any minor, or, if the father be dead, the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minor's marriage, and such consent is hereby required for the same marriage, unless no person authorized to give such consent be resident in India.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 87
Title: Act Not Intended and Not Known to Be Likely to Cause Death or Grievous Hurt, Done by Consent
State: Central
Year: 1860
Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration A and Z agrees to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence.
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