Bare Act Search Results

Code of Criminal Procedure, 1973 Section 137

Title: Procedure Where Existence of Public Right is Denied

State: Central

Year: 1973

(1) Where an order is made under section 113 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 138, inquire into the matter. (2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and if he finds that there is no such evidence, he shall proceed as laid down in section 138. (3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.

Income Tax Act, 1961 Section 248

Title: Appeal by Person Denying Liability to Deduct Tax

State: Central

Year: 1961

1[Where under an agreement or other arrangement, the tax deductible on any income, other than interest, under section 195 is to be borne by the person by whom the income is payable, and such person having paid such tax to the credit of the Central Government, claims that no tax was required to be deducted on such income, he may appeal to the Commissioner (Appeals) for a declaration that no tax was deductible on such income.] _______________________________________ 1. Substituted by the Finance Act, 2007, with effect from 1st June, 2007. Prior to substitution, section 248 as amended by the Finance (No. 2) Act, 1998, with effect from 1st October, 1998, stood as under: 248. Appeal by person denying liability to deduct tax. - Any person having in accordance with the provisions of sections 195 and 200 deducted and paid tax in respect of any sum chargeable under this Act, other than interest, who denies his liability to make such deduction, may appeal to the Commissioner (Appeals) to be declared not liable to make such deduction.

Negotiable Instruments Act, 1881 Section 121

Title: Estoppel Against Denying Capacity of Payee to Indorse

State: Central

Year: 1881

No maker of a promissory note and no acceptor of a bill of exchange1[payable to ord er] sh all, in a suit thereon by a holder in due course, be permitted to deny the payee's capacity, at the rate of the note or bill, to indorse the same. ___________________ 1. Substituted by Act 8 of 1919, sec. 5, for "payable to, or to the order of, a specified person".

Negotiable Instruments Act, 1881 Section 122

Title: Estoppel Against Denying Signature or Capacity of Prior Party

State: Central

Year: 1881

No indorser of a negotiable instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the signature or capacity to contract of any prior party to the instrument.

Indian Evidence Act 1872 Section 71

Title: Proof when Attesting Witness Denies the Execution

State: Central

Year: 1872

If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence

Revenue Recovery Act, 1890 Section 4

Title: Remedy Available to Person Denying Liability to Pay Amount Recovered Under Last Foregoing Section

State: Central

Year: 1890

.....but subject to the law in force at the place aforesaid, give evidence with respect to any matter stated in the certificate. [Ins.by the A.O.1937] [(4) This section shall apply if under this Act as in force as part of the law of [Ins.by the India (Adaptation of Income-Tax, Profits Tax and Revenue Recovery Acts) Order, 1941 (G.G.O.31 dated the 10th December, 1947), (Gazette of India, 1947, Extraordinary, 1333).] [Pakistan or] Burma, or under any other similar Act forming part of the law of [Ins.by the India (Adaptation of Income-Tax, Profits Tax and Revenue Recovery Acts) Order, 1947 (G.G.O.31 dated the 10th December 1947), (Gazette of India.1947, Extraordinary, 1333).] [Pakistan or] Burma, proceedings are taken against a person in [Subs.ibid., for "Burma".] [Pakistan or Burma, as the case may be,] for the recovery of an amount stated in a certificate made by a Collector in [Subs by Act 33 of 1950, s.2 (2) and Sch., for " a Part A State or a Part C State".] [any State to which this Act extends].]

Chemical Weapons Convention Act, 2000 Section 4

Title: Power of Central Government to Deny the Request for Inspection

State: Central

Year: 2000

Where the Central Government considers any inspection of a Chemical Weapons Production Facility in India under this Act to be against the interest of national security or economic interests of India, it may deny the request for such inspection.

Shore Nuisances (Bombay and Kolaba) Act, 1853 Section 2

Title: Petition by Person Denying Right to Remove Nuisance

State: Central

Year: 1853

If any person shall deny the right of the said Collector to effect such abatement or removal, he shall, within one month after such notice shall have been given as aforesaid, apply to the Supreme Court of Judicature at Bombay by petition, setting forth the grounds of his alleged right and praying that the said Collector may be restrained from causing such abatement or removal; and the said Procedure thereupon Court may thereupon (on the petitioner's giving sufficient security for costs), fix a time for hearing and adjudicating upon such petition, and give such directions, and make such orders as the said Court may think just, and the said Court may also make an order for restraining the alleged nuisance, obstruction or encroachment from being extended, or from being abated or removed by the said Collector, until after adjudication upon the said petition, or the dismissal thereof for want of prosecution.

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied on any suit or proceeding, necessarily follows. Explanation - Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....