Bare Act Search Results

Government of India Act, 1915-19 [Repealed] Repealing Act 1

Title: Government of India Act, 1935

State: Central

Year: 1915

.....inconsistent with the scheme of Federation embodied in this Act: Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument. (5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto, may, without affecting the accession of the State, be amended by or by authority of Parliament, but not such amendment shall, unless it is accepted by the Ruler in a supplementary Instrument, be construed as extending the func­tions which by virtue of the Instrument are exercisable by His Majesty or any Federal Authority in relation to the State. (6) An Instrument of Accession or supplementary Instrument shall not be valid unless it is executed by the Ruler himself, but, subject as afore­said, references in this Act to the .Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by.....

Government of India Act, 1935 Complete Act

State: Central

Year: 1935

.....inconsistent with the scheme of Federation embodied in this Act: Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument. (5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto, may, without affecting the accession of the State, be amended by or by authority of Parliament, but not such amendment shall, unless it is accepted by the Ruler in a supplementary Instrument, be construed as extending the functions which by virtue of the Instrument are exercisable by His Majesty or any Federal Authority in relation to the State. (6) An Instrument of Accession or supplementary Instrument shall not be valid unless it is executed by the Ruler himself, but, subject as aforesaid, references in this Act to the Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by reason of the.....

Government of India Act, 1935 [Repealed] Chapter III

Title: Property, Contracts, Liabilities and Suits

State: Central

Year: 1935

.....to say, theFederation, any of the Provinces or any of the Federated States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to-- (a) a dispute to which a State is a party, unless the dispute- (i) concerns the interpretation of this Act or of an Order in Council made thereunder,1or the ertent of the legislative or executive authority vested in the Federation by virtue of the Instrument of Accession of that State; or (ii) arises under an agreement made under Part VI of this Act in relation to the administration in that State of a law of the Federal Legislature, or otherwise concerns some matter with respect to which the Federal Legislature has power to make laws for that State; or (iii) arises under an agreement made after the establishment of the Federation, with the approval of His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States, between that State and the Federation or a Province, being an agreement which expressly provides that the said jurisdiction shall extend to such.....

Government of India Act, 1935 [Repealed] Section 204

Title: Original Jurisdiction of Federal Court

State: Central

Year: 1935

.....to say, theFederation, any of the Provinces or any of the Federated States, if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: Provided that the said jurisdiction shall not extend to-- (a) a dispute to which a State is a party, unless the dispute- (i) concerns the interpretation of this Act or of an Order in Council made thereunder,1or the ertent of the legislative or executive authority vested in the Federation by virtue of the Instrument of Accession of that State; or (ii) arises under an agreement made under Part VI of this Act in relation to the administration in that State of a law of the Federal Legislature, or otherwise concerns some matter with respect to which the Federal Legislature has power to make laws for that State; or (iii) arises under an agreement made after the establishment of the Federation, with the approval of His Majesty's Representative for the exercise of the functions of the Crown in its relations with Indian States, between that State and the Federation or a Province, being an agreement which expressly provides that the said jurisdiction shall extend to such.....

Code of Criminal Procedure, 1973 Section 353

Title: Judgment

State: Central

Year: 1973

.....accused than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. (7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place. (8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465.

Motor Vehicles Act, 1988 Section 149

Title: Duty of Insurers to Satisfy Judgments and Awards Against Persons Insured in Respect of Third Party Risks

State: Central

Year: 1988

.....of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by the nondisclosure of a material fact or by a representation of fact which was false in some material particular. (3) Where any such judgment as is referred to in sub-section (1) is obtained from a Court in a reciprocating country and in the case of a foreign judgment is, by virtue of the provisions of section 13 of the Code of Civil Procedure, 1908 (5 of 1908) conclusive as to any matter adjudicated upon by it, the insurer (being an insurer registered under the Insurance Act, 1938 (4 of 1938) and whether or not he is registered under the corresponding law of the reciprocating country) shall be liable to the person entitled to the benefit of the decree in the manner and to the extent specified in sub-section (1), as if the judgment were given by a Court in India: Provided that no sum shall be payable by the insurer in respect of any such judgment unless, before the commencement of the proceedings in which the judgment is given, the insurer had notice through the Court concerned of the bringing of the proceedings and the insurer to whom notice is so given is.....

Code of Criminal Procedure, 1973 Section 363

Title: Copy of Judgment to Be Given to the Accused and Other Persons

State: Central

Year: 1973

.....given to the accused free of cost whether or not he applies for the same. (3) The provisions of sub-section (2) shall apply in relation to an order under section 117 as they apply in relation to a judgment which is appealable by the accused. (4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal his appeal should be preferred. (5) Save as otherwise provided in sub-section (2) any person affected by a judgment or order passed by a criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost. (6) The High Court may, by rules provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules provide. STATE AMENDMENT 1Karnataka: In.....

Code of Civil Procedure, 1908 Rule 5 to 13

Title: Attachment Before Judgment

State: Central

Year: 1908

.....to an attachment made before judgment which continues after the judgment by virtue of the provisions of rule 11. (2) An attachment made before judgment in a suit which is dismissed for default shall not become revived merely by reason of the fact that the order for the dismissal of the suit for default has been set aside and the suit has been restored.] 12. Agricultural produce not attachable before judgment Nothing in this Order shall be deemed to authorize the plaintiff to apply for the attachment of any agricultural produce in the possession of an agriculturist, or to empower the Court to order the attachment or production of such produce. 3[13. Small Cause Court not to attach immovable property Nothing in this Order shall be deemed to empower any Court of Small Causes to make an order for the attachment of immovable property.] ___________________ 1. Inserted by Act 104 of 1976, section 85(i) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section 85(ii), for rule 8 (w.e.f. 1-2-1977). 3. Inserted by Act 1 of 1926, section 4.

Code of Civil Procedure, 1908 Rule 30 to 34

Title: Judgment in Appeal

State: Central

Year: 1908

.....Court decides in favour of X. It has power to pass a decree against Y. 34. Dissent to be recorded Where the appeal is heard by more judges than one, any judge dissenting from the judgment of the Court shall state in writing the decision or order which he thinks should be passed on the appeal, and he may state his reasons for the same. __________________________ 1. Rule 30 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, section 87(xv) (w.e.f. 1-2-1977). 2. Inserted by Act 104 of 1976, section 87(xv), (w.e.f. 1-2-1977). 2a. Inserted by Act 104 of 1976, section 87(xvi), (w.e.f. 1-2-1977). 3. Inserted by Act 9 of 1922, section 4 which under section 1(2) thereof, may be brought into force in any State by the State Government on any specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa, and Tamil Nadu.

Indian Evidence Act 1872 Section 41

Title: Relevancy of Certain Judgments in Probate, Etc., Jurisdiction

State: Central

Year: 1872

.....came into operation; that any legal character, to which it declares any such person to be entitled, accrued, to that person at the time when such judgment, 1 [order or decree] declares it to have accrued to that person; that any legal character which it takes away from any such person ceased at the time from which such judgment, 1 [order or decree] declared that it had ceased or should cease; and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, 1 [order or decree] declares that it had been or should be his property. ________________ 1. Inserted by Act 18 of 1872, section 3.