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Start Free TrialCentral Excise Act, 1944 Section 5
Title: Remission of Duty on Goods Found Deficient in Quantity
State: Central
Year: 1944
1[5. Remission of duty on goods found deficient in quantity (1) The Central Government may, by rules made under this section, provide for remission of duty of excise leviable on any excisable goods which due to any natural cause, are found to be deficient in quantity. (2) Any rules made under sub-section (1) may, having regard to the nature of the excisable goods or of processing or of curing thereof, the period of their storage or transit and other relevant considerations, fix the limit or limits of percentage beyond which no such remission shall be allowed : Provided that different limit or limits of percentage may be fixed for different varieties of the same excisable goods or for different areas or for different seasons.] _______________________ 1. Section 5 omitted by Act 41 of 1954, section 2 and Schedule and inserted by Act 25 of 1978, section 20 (w.e.f. 1-7-1978).
View Complete Act List Judgments citing this sectionKarnataka Famine Relief Fund Act, 1963 Section 6
Title: Accounts of the Fund and Making Up of the Deficiency in the Fund
State: Karnataka
Year: 1963
(1) The accounts of the Fund shall be made up at the end of each financial year, the securities belonging to the Fund being valued at the market value on the last day of such year. (2) If the accounts so made up show that the balance of the Fund at the end of such year falls short of sixty lakhs of rupees, the deficiency shall be made up from the Consolidated Fund of the State: Provided that if the deficiency exceeds twenty lakhs of rupees, it may be made up in annual instalments, the amount of such instalments except the last being not less than ten lakhs of rupees. (3) Any expenditure incurred by the State Government under sub-section (2) shall be charged on the Consolidated Fund of the State.
View Complete Act List Judgments citing this sectionCode 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.
View Complete Act List Judgments citing this sectionMotor 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.....
View Complete Act List Judgments citing this sectionCode 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.....
View Complete Act List Judgments citing this sectionCode 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.
View Complete Act List Judgments citing this sectionCode 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.
View Complete Act List Judgments citing this sectionIndian 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.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 70
Title: Security to Be Furnished on Such Reference by Party Against Whom Contingent Judgment Given
State: Central
Year: 1882
When judgment is given under section 69 contingent upon the opinion of the High Court, the party against whom such judgment is given shall at once furnish security, to be approved by the Small Cause Court, for the costs of the reference to the High Court and for the amount of such judgment: Provided that no security for the amount of such judgment shall be required in any case in which the Judge who tried the case has ordered such amount to be paid into Court, and the same has been paid accordingly. If no such security given, party to be deemed to have submitted to judgment.- Unless such security as aforesaid is at once furnished, the party against whom such contingent judgment has been given shall be deemed to have submitted to the same.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 81
Title: Extrinsic Evidence Inadmissible in Case of Patent Ambiguity or Deficiency
State: Central
Year: 1925
Where there is an ambiguity or deficiency on the face of a Will, no extrinsic evidence as to the intentions of the testator shall be admitted. Illustrations (i) A man has an aunt, Caroline, and a cousin, Mary, and has no aunt of the name of Mary. By his Will he bequeaths 1,000 rupees to "my aunt, Caroline" and 1,000 rupees to "my cousin, Mary" and afterwards bequeaths 2,000 rupees to "my before-mentioned aunt, Mary". There is no person to whom the description given in the Will can apply, and evidence is not admissible to show who was meant by "my before-mentioned aunt, Mary". The bequest is, therefore, void for uncertainty under section 89. (ii) A bequeaths 1,000 rupees to............leaving a blank for the name of the legatee. Evidence is not admissible to show what name the testator intended to insert. (iii) A bequeaths to B .......................rupees, or "my estate of........................" Evidence is not admissible to show what sum or what estate the testator intended to insert.
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