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EMPLOYEES' STATE INSURANCE ACT, 1948 Section 75

Title: Matters to be decided by Employees' Insurance Court

State: Central

Year: 1948

.....board or the medical appeal tribunal, as the case may be, except where an appeal has been filed before the Employees' Insurance Court under sub-section (2) of section 54A in which case the Employees' Insurance Court may itself determine all the issues arising before it.] 7[2B) No matter which is in dispute between a principal employer and the Corporation in respect of any contribution or any other dues shall be raised by the principal employer in the Employees' Insurance Court unless he has deposited with the Court fifty per cent. of the amount due from him as claimed by the Corporation: Provided that the Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section.] (3) No Civil Court shall have jurisdiction to decide or deal with any question or dispute as aforesaid or to adjudicate on any liability which by or under this Act is to be decided by 8[a medical board, or by a medical appeal tribunal or by the Employees' Insurance Court]. _______________________ 1. Subs. by Act 44 of 1966, sec. 32, for clause (ee) (w.e.f. 28-1-1968). 2. Clause (f) omitted by Act 44 of 1966, sec. 32 (w.e.f. 28-1-1968). 3. Ins......

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Karnataka Land Reforms Act, 1961 Section 133

Title: Suits, Proceedings, Etc., Involving Questions Required to Be Decided by the Tribunal

State: Karnataka

Year: 1961

.....in the nature of temporary injunction or appointment of a Receiver or otherwise, concerning the land shall stand dissolved or vacated, as the case may be; (iv) the Tribunal shall decide the question referred to it under clause (i) and communicate its decision to such Court, officer or Authority. The decision of the Tribunal shall be final. (2) Nothing in sub-section (1) shall preclude the Civil or Criminal Court or the officer or authority from proceeding with the suit, case or proceedings in respect of any matter other than that referred to in that sub-section.] _______________________________ 1. Substituted by Act 27 of 1976 w.e.f. 16.12.1975. 2. Omitted by Act 44 of 1976 w.e.f. 2.6.1976.

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Provincial Insolvency Act, 1920 Section 4

Title: Power of Court to Decide All Questions Arising in Insolvency

State: Central

Year: 1920

(1) Subject to the provisions of this Act, the Court shall have full power to decide all questions whether of title or priority, or of any nature whatsoever, and whether involving matters of law or of fact, which may arise in any case of insolvency coming within the cognizance of the Court, or which the Court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case. (2) Subject to the provisions of this Act and notwithstanding anything contained in any other law for the time being in force, every such decision shall be final and binding for all purposes as between, on the one hand, the debtor and the debtor's estate and, on the other hand, all claimants against him or it and all persons claiming through or under them or any of them. (3) Where the Court does not deem it expedient or necessary to decide any question of the nature referred to in sub-section (1), but has reason to believe that the debtor has a saleable interest in any property, the Court may without further inquiry sell such interest in such manner and subject to such conditions as it may think fit.

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New Delhi Municipal Council Act 1994 Section 26

Title: Method of Deciding Questions

State: Central

Year: 1994

(1) Save as otherwise provided in this Act, all matters required to be decided by the Council shall be decided by the majority of the votes of the members present and voting. (2) The voting shall be by show of hands, but the Council may, subject to such regulations as may be made by it, resolve that any question or class of question shall be decided by ballot.

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Presidency-towns Insolvency Act, 1909 Section 7

Title: Power of Court to Decide All Questions Arising in Insolvency

State: Central

Year: 1909

Subject to the provisions of this Act, the Court shall have full power to decide all questions of priorities, and all other questions whatsoever, whether of law or fact, which may arise in any case of insolvency coming within the cognizance of the Court, or which the Court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case: {Ins.by Act 19 of 1927, s.2} [Provided that, unless all the parties otherwise agree, the power hereby given shall, for the purpose of deciding any matter arising under section 36, be exercised only in the manner and to the extent provided in that section.]

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Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 36B

Title: Suits Involving Issues Required to Be Decided Under This Act

State: Central

Year: 1947

(1) If any suit instituted in any Civil Court or Mamlatdar's Court involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under this Act (hereinafter referred to as the 'competent authority') the Civil Court or Mamlatdar's Court shall stay the suit and refer such issues to such competent authority for determination. (2) On receipt of such reference from the Civil Court or Mamlatdar's Court, the competent authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court or Mamlatdar's Court and such Court shall thereupon dispose of the suit in accordance with the procedure applicable thereto.

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Karnataka Municipalities Act, 1964 Section 52

Title: Method of Deciding Questions

State: Karnataka

Year: 1964

(1) Save as otherwise provided in this Act, all matters required to be decided by the municipal council shall be decided by the majority of the votes of the members present and voting. (2) The voting shall be by show of hands, but the municipal council may, subject to such rules as may be made under clause (a) of sub-section (2) of section 323 resolve that any question or class of questions shall be decided by ballot. (3) At any meeting, unless voting be demanded by at least four members, a declaration by presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. (4) If voting as aforesaid is demanded, the votes of all the memberspresent who desire to vote shall be taken under the direction of the presiding officer at the meeting and the result of the voting shall be deemed to be the resolution of the municipal council at such meeting.

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Bombay City (Inami and Special Tenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969, (Maharashtra) Section 2

Title: Definitions and Power to Decide Questions Arising there from

State: Maharashtra

Year: 1969

....."Fazindari tenants"; (v) "Fazindari land" means land held by a Fazindar and entered as such in the registers and rent rolls maintained under section 305 of the Code; (vi) "First Inam grant" means a grant of land with exemption from payment of land revenue made by Government to Maneckji Lovji under the certificate, dated the 29th December, 1783; (vii) "inamdar" means the holder of inami land, and includes any person lawfully holding under or through him; (viii) ''inami land" means land held under the First Inam grant, the Second Inam grant or the Third Inam grant, and entered as such in the registers and rent rolls maintained under section 305 of the Code; (ix) "inami tenure" means the tenure on which inami land is held; (x) "prescribed" means prescribed by rules; (xi) "redeemed land" means special tenure lands in respect of which annual payment of the cess, assessment or rent has been redeemed at any time before the appointed day, on payment by the superior holder of a commuted amount equal to twenty-five years' or thirty years' rent under the terms of the tenure; (xii) "Schedule" means the Schedule to this Act; (xiii) "Second Inam grant" means the grant.....

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Bombay Inferior Village Watans Abolition Act, 1958, (Maharashtra) Section 3

Title: Powers of Collector to Decide Certain Questions and Appeal

State: Maharashtra

Year: 1958

(1) If any question arises,- (a) whether any land is watan land, (b) whether any person is a watandar, (c) whether any person is an unauthorised holder, the Collector shall, after giving the party affected an opportunity to be heard and after holding an inquiry, decide the question. (2) Any person aggrieved by such decision may file an appeal to the State Government within ninety days of such decision. (3) The decision of the Collector, subject to an appeal under sub-section (2) and the decision of the State Government in appeal under sub-section (2) shall be final. NOTES Power of Inquiry.-In case, among the vital issues whether the land in dispute belong to the claimant etc., other issue was whether Tahsildar or Dy. Collector had power to make inquiry under section 3 or not. It was held that issues arising out of section 3 can only be decided by Collector or other officer empowered to decide and not Tahsildar.- Latari Rama Warti v. Krishna Rajeswer Thipe, 1967 Mah. L. J. 27( Rev.).

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Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 36B

Title: Suits Involving Issues Required to Be Decided Under This Act

State: Maharashtra

Year: 1947

(1) If any suit instituted in any Civil Court or Mamlatdar's Court involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under this Act (hereinafter referred to as the 'competent authority') the Civil Court or Mamlatdar's Court shall stay the suit and refer such issues to such competent authority for determination. (2) On receipt of such reference from the Civil Court or Mamlatdar's Court, the competent authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court or Mamlatdar's Court and such Court shall thereupon dispose of the suit in accordance with the procedure applicable thereto.

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