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Start Free TrialCode of Criminal Procedure, 1973 Chapter 37
Title: Miscellaneous
State: Central
Year: 1973
.....8, for section 478 (w.e.f. 23-9-1980). 2. Vide Maharashtra Act 1 of 1978 (w.e.f. 15-4-1978). Ed. This amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 1980 (Central Act 63 of 1980, section 8 (w.e.f. 23-9-1980). Section 479 - Cases in which Judge or Magistrate is personally interested No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgement or order passed or made by himself. Explanation A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case. Section 480 - Practising pleader not to sit as Magistrate in certain Courts No pleader who practises in the Court of.....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 484
Title: Repeal and Savings
State: Central
Year: 1973
.....First Offenders Probation Act, 1938 (U.P. Act VI of 1938), and the Uttar Pradesh Children Act, 1951 (U.P. Act 1 of 1951) shall continue in force in the State of Uttar Pradesh until altered or repealed or amended by the competent Legislature or other competent authority, and accordingly, the provisions of section 360 of this case shall not apply to that State, and the provisions of section 361 shall apply with the substitution of references to the Central Act named therein by references to the corresponding Acts in force in the State." ______________________ 1. Vide U ttar Pradesh Act 1 of 1984, Section 11 (w.e.f. 1-5-1984). 2 . Vide Uttar Pradesh Act 16 of 1976, Section 10 (w.e.f. 1-5-1976).
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Part 4
Title: Share Capital and Debentures
State: Central
Year: 1956
.....company who is in default, shall be punishable with fine which may extend to3[five hundred rupees]. ________________________ 1.Substituted by Act 11 of 2003, Section 14, for "Court". 2.Substituted by Act 31 of 1965, Section 62 and Schedule, for "fifteen" (w.e.f. 15-10-1965). 3. Substituted by Act 53 of 2000, Section 43, for "fifty rupees" (w.e.f. 13-12-2000). Section 108 to 112 - Transfer of shares and debentures Section 108 - Transfer not to be registered except on production of instrument of transfer (1) A company shall not register a transfer of shares in, or debentures of, the company, unless a proper instrument of transfer duly stamped and executed by or on behalf of the transferor and by or on behalf of the transferee and specifying the name, address and occupation, if any, of the transferee, has been delivered to the company along with the certificate relating to the shares or debentures or if no such certificate is in existence, along with the letter of allotment of the shares or debentures: Provided that where, on an application in writing made to the company by the transferee and bearing the stamp required for an instrument of transfer, it is proved.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 117B
Title: Appointment of Debenture Trustees and Duties of Debenture Trustees
State: Central
Year: 1956
.....Government] and the2[Central Government] may, after hearing the company and any other person interested in the matter, by an order, impose such restrictions on the incurring of any further liabilities as the2[Central Government] thinks necessary in the interests of holders of the debentures.] 3[Provided that in the case of revival and rehabilitation of a sick industrial company under Part VIA, the provisions of this section shall have effect as if for the words "Central Government", the word "Tribunal" had been substituted.] _______________________ 1. Inserted by Act 53 of 2000, section 48 (w.e.f. 13-12-2000). 2. Substituted by Act 11 of 2003, section 17, for "Company Law Board". 3. Inserted by Act 11 of 2003, section 17.
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 404
Title: Dishonest Misappropriation of Property Possessed by Deceased Person at the Time of His Death
State: Central
Year: 1860
Whoever dishonestly misappropriates or converts to his own use property, knowing that such properly was in the possession of a deceased person at the time of that person's decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offender at the time of such person's decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration Z dies in possession of furniture and money. His servant A, before the money conies into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Chapter VI
Title: Of the Rights and Liabilities of the Beneficiary
State: Central
Year: 1882
.....and negotiable instruments in the hands of a bona fide holder to whom they have passed in circulation, or shall be deemed to affect the Indian Contract Act, 1872 (9 of 1872) section 108, or the liability of a person to whom a debt or charge is transferred. Section 65 - Acquisition by trustee of trust-property wrongfully converted Where a trustee wrongfully sells or otherwise transfers trust-property and afterwards himself becomes the owner of the property, the property again becomes subject lo the trust, notwithstanding any want of notice on the part of intervening transferees in good faith for consideration. Section 66 - Right in case of blended property Where the trustee wrongfully mingles the trust-property with his own, the beneficiary is entitled to a charge on the whole fund for the amount due to him. Section 67 - Wrongful employment by partner-trustee of trust-property for partnership purposes If a partner, being a trustee, wrongfully employs trust-property in the business or on the account of the partnership, no other partner is liable therefor in his personal capacity to the beneficiaries, unless he had notice of the breach of trust. The partners having.....
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 63
Title: Following Trust-property into the Hands of Third Persons
State: Central
Year: 1882
Where trust-property conies into the hands of a third person is consistently with the trust, the beneficiary may require him to admit formally, or may institute a suit for a declaration, 'that the property is comprised in the trust. Into that into which it has been converted.--Where he trustee has disposed of trust-properly and the money or other property which he has received therefor can be traced in his hands, or the hands of his legal representative or legatee, the beneficiary has, in respect thereof, rights as nearly as may be the same as his rights in respect of the original trust-property. Illustrations (a) A, a trustee for B of Rs.10,000, wrongfully invests the Rs.10,000 in the purchase of certain land. B is entitled to the land. (b) A, a trustee, wrongfully purchases land in his own name, partly with his own money, partly with money subject to a trust for . B is entitled to a charge on the land for the amount of the trust-money so misemployed.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 11
Title: Miscellaneous
State: Central
Year: 1958
.....and of any relevenl trade mark or trade name or get up legitimately used by other persons. Section 123 - Agents Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done, instead of by that person himself, by a person duly authorised in the prescribed manner, who is-- (a) a legal practitioner, or (b) a person registered in the prescribed manner as a trade marks agent, or (c) a person in the sole and regular employment of the principal. Section 124 - Indexes There shall be kept under the direction and supervision ofthe Registrar,-- (a) an index of registered trade marks, (b) an index of trade marks in respect of whichapplications, for registration are pending, (c) an index of the names of the proprietors of registeredtrade marks, and (d) an index of the name of registered users. Section 125 - Documents open to public inspection (1) Save as otherwise provided in sub-section (5) of section 49,-- (a) the register, and any document upon which any entry in the register is based; (b) every notice of opposition.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 119
Title: Certificate of Validity
State: Central
Year: 1958
If in any legal proceeding for rectification of the register before a High Court a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the High Court may grant a certificate to that effect, and if such a certificate is granted, then in any subsequent legal proceeding in which the said validity conies info question the said proprietor on obtaining a final order or judgment in his favour affirming the validity of the registration of the trade mark shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full costs, charges and expenses as between legal practitioner and client.
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