Bare Act Search Results

Merchant Shipping Act, 1958 Section 387

Title: Reference in Difficult Cases to Scientific Persons

State: Central

Year: 1958

Scientific Referees (1) If the Central Government is of opinion that an appeal to a court of survey involves a question of construction or design or a scientific difficult or important principle, it may refer the matter to such one or more out of a list of scientific referees to be from time to time prepared by the Central Government as may appear to possess the special qualifications necessary for the particular case and may be selected by agreement between a person duly appointed by the Central Government in this behalf and the appellant, or in default of any such agreement, by the Central Government; and there upon the appeal shall be determined by the referee or referees instead of by the court of survey. (2) The Central Government, if the appellant in any such appeal so requires and gives security to its satisfaction to pay the costs of and incidental to the reference, shall refer such appeal to a referee or referees selected as aforesaid. (3) The referee or referees shall have the same powers as a Judge of the court of survey. Investigations into explosions or fires on board ships

Merchant Shipping Act, 1958 Complete Act

State: Central

Year: 1958

.....in 1867, 1882andagain in 1893and 1896 but all these attempts failed owing to legal and constitutional difficulties.Two of the principal contributory factors were the then limited powers of the Indian Legislature to legislate regarding shipping and the fact that part of the British Statute law on the subject, including parts of the Merchant Shipping Act, 1894, which is the principal United-Kingdom enactment on the subject, applied to Indian and any Indian enactment had to be in legal harmony with that law. A fresh attempt was made in 1921-22 to codify the Indian law on merchant shipping by the Statute Law Revision Committee, which decided that only consolidation, and not revision should be attempted immediately. The result was the Indian Merchant Shipping Act, 1923, which is now on the Statute Book and which consolidated some 21 existing Indian Acts on the subject. This Act has also been amended from time to time, the two major amendments being those made in 1933 and in 1953 so as to take power to implement the provisions of the international conventions with respect to load lines, 1930, and with respect to safety of life at sea, 1948, respectively, which have been ratified by.....

Banking Regulation Act, 1949 Complete Act

State: Central

Year: 1949

.....in recent years in banking, especially the rapid growth of banking resources and of the number of banks and branches. Regard must also be had to the fact that the banking system is likely in the post-war period to be more vulnerable by reason of the great expansion, both quantitatively and relatively that has taken place in demand deposits, as compared with time deposits, during the war years. The enactment of a separate comprehensive measure has in consequence now become imperative. 2. With this object in view. a Bill to amend the law relating to Banking Companies was introduced in the Legislative Assembly in November. 1944 and was subsequently circulated for eliciting public opinion through the Provincial Governments, In the ensuing Budget Session of the Assembly the Bill was referred to a Select Committee which was due to meet in October, 1945. but it lapsed before its consideration by the Committee. A fresh Bill with certain modifications which suggested themselves on consideration of the opinions and criticisms received on the 1944 Bill was introduced in the Legislative Assembly in March 1946 and was referred to a Select Committee in April 1946. The report of the Select.....

Geneva Conventions Act, 1960 Complete Act

State: Central

Year: 1960

.....power to sentence him to death or to imprisonment for a term of two years or more, shall not proceed with the trial until it is proved to the satisfaction of the Court that a notice containing the particulars mentioned in the next following sub-section, so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power (if there is a protecting power) and, if the accused is a protected prisoner of war, on the accused and the prisoners' representative. (2) The particulars referred to in the foregoing sub-section are - (a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is protected prisoner of war, his rank and arm, regimental, personal or serial number; (b) his place of detention, internment or residence; (c) the offence with which he is charged- and (d) the Court before which the trial is to take place and the time and place appointed for the trial. (3) For the purposes of this section a document purporting - (a) to be signed on behalf of the protecting power or by the prisoners representative or by the person accused, as the case may.....

Requisitioning and Acquisition of Immovable Property Act, 1952 Complete Act

State: Central

Year: 1952

.....from the date of revocation of the Proclamation of Emergency be deemed to be property requisitioned under the 1952 Act. In other words, though in fact the requisitioning of these properties was made under the Defence of India Act, it shall be deemed to have been made under section 3 of the Requisitioning and Acquisition of Immovable Property Act, 1952and all the provisions of the latter Act shall apply accordingly. 2. Opportunity is taken to omit clause (b) of sub-section (3) of section 3as the same has been struck down by the Supreme Court as violative of Article 31 (2)of the Constitution. 3. The Bill seeks to achieve the above objects, S.O.R. -Gaz. of Ind., 10-5- 1968, Pt. II, section 2, Ext., p. 704. V Amending Act I of 1970.- The power to requisition and to acquire immovable properties for a public purpose was first provided in the Defence of India Act, 1939which came to an end on the 30th September, 1946. It was, however, found necessary to retain some of the properties for a longer period in the occupation of the Government. Therefore, it was provided in the Requisitioned Land (Continuance of Powers) Act, 1947that any property which had been requisitioned under the.....

THE KERALA MEDICAL OFFICERS' ADMISSION TO POSTGRADUATE COURSES UNDER SERVICE QUOTA ACT, 2008 Complete Act

State: Kerala

Year: 2008

.....arises in giving effect to the provisions of this Act, the Government may as occasion may require, by order, do anything not inconsistent with this Act or the rules made thereunder which appear to them to be necessary or expedient for the purposes of removing the difficulty: Provided that no order under this sub-section shall be issued after the expiration of a period of two years from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid before the Legislative Assembly. 9. Power to make rules.- (1) The Government may, by notification in the Official Gazette, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall be laid as soon as may be, after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall, thereafter have effect only in such modified form or be of no.....

Geneva Convention Act 1960 Schedule IV

Title: Fourth Schedule

State: Central

Year: 1960

.....appropriate cases, a reasonable time limit, and after such warning has remained unheeded. (IV. Discontinuance of protection of hospitals) The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants which have not yet been handed to the proper service, shall not be considered to be acts harmful to the enemy. Article 20 Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases shall be respected and protected. (V. Hospital staff) In occupied territory and in zones of military operations, the above personnel shall be recognisable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in.....

Merchant Shipping Act, 1958 Part XII

Title: Investigation and Inquiries

State: Central

Year: 1958

.....the Central Government or a2[Metropolitan Magistrate] may remove the master of any ship within his jurisdiction if the removal is shown to his satisfaction to be necessary, (2) The removal may be made upon the application of the owner of any ship or his agent, or of the consignee of the ship or of any certificated officer or of one-third or more of the crew of the ship. (3) The3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be; may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiction, such an appointment shall not be made without the consent of that owner, agent or consignee. (4) The3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be] may also make such order and require such security in respect of the cost of the matter as he thinks fit. _______________________ 1. Substituted for the words "Magistrate of the first class" by the Merchant Shipping (Amdt.) Act, 1983(12 of 1983),Section 17 and the Schedule, Item 12(a) (18-5-l983). 2. Substituted for the words "presidency Magistrate" by the Merchant Shipping (Amdt.) Act,.....

Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

Specific Relief Act 1963 Chapter I

Title: Recovering Possession of Property

State: Central

Year: 1963

.....isentitled. Explanation2.--A special or temporary right to the present possession of movable propertyis sufficient to support a suit under this section. Section 8 - Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases.-- (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession in the thing claimed has been wrongfully transferred from the plaintiff. Explanation.--Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume-- (a) that compensation in money would not afford the plaintiff adequate relief.....