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Start Free TrialPRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 Section 3
Title: Discharge of President's functions in certain contingencies
State: Central
Year: 1969
..... (b) while discharging the functions of the President, is unable to discharge the functions of the President owing to absence, illness or any other cause, the Chief Justice of India or, in his absence, the seniormost Judge referred to in sub-section (1) shall discharge the said functions (i) in the case referred to in clause (a), until a new President elected as aforesaid enters upon his office or until the Vice-President acting as President resumes his duties, whichever is earlier; (ii) in the case referred to in clause (b), until the President resumes his duties, or the Vice-President resumes his duties, whichever is earlier. (4) The person discharging the functions of the President under this section shall, during, and in respect of the period while he is so discharging the said functions, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
View Complete Act List Judgments citing this sectionPresident (Discharge of Functions) Act, 1969 Preamble 1
Title: President (Discharge of Functions) Act, 1969
State: Central
Year: 1969
THE PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 [Act, No. 16 of 1969] [28th May, 1969] PREAMBLE An Act to provide for the discharge of the functions of the President in certain contingencies. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows :
View Complete Act List Judgments citing this sectionPresident (Discharge of Functions) Act, 1969 Complete Act
Title: President (Discharge of Functions) Act, 1969
State: Central
Year: 1969
Preamble1 - PRESIDENT (DISCHARGE OF FUNCTIONS) ACT, 1969 Section1 - Short title Section2 - Definitions Section3 - Discharge of President's functions in certain contingencies
List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Part II
Title: Proceedings from Act of Insolvency to Discharge
State: Central
Year: 1909
.....Insolvency and the Provincial Insolvency (Bombay Amendment) Act, 1939 (Bom.15 of 1939), s.2} Explanation.For the purposes of this section, the act of an agent may be the act of the principal, even though the agent have no specific authority to commit the act.{For s.9A, applicable to Bombay only, see s.2, ibid.} Section 10 - Power to adjudicate Subject to the conditions specified in this Act, if a debtor commits an act of insolvency, an insolvency petition may be presented either by a creditor or by the debtor, and the Court may on such petition make an order (hereinafter called an order of adjudication) adjudging him an insolvent. Explanation.The presentation of a petition by the debtor shall be deemed an act of insolvency within the meaning of this section, and on such petition the Court may make an order of adjudication. Section 11 - Restrictions on jurisdiction The Court shall not have jurisdiction to make an order of adjudication, unless (a) the debtor is, at the time of the presentation of the insolvency petition, imprisoned in execution of the decree of a Court for the payment of money in any prison to which debtors are ordinarily committed by the Court in.....
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Part II
Title: Proceedings from Act of Insolvency to Discharge
State: Central
Year: 1920
.....under the provisions of any law referred to in clause (b) on the date of the application.] Explanation - For the purposes of this section the act of an agent may be the act of the principal.] ______________________ 1. Section 6 renumbered as subsection (1) by the Insolvency Laws (Amendment ) Act w.e.f 1-9-79. Prior to Amendment Section 6 Stood as follows "[Acts of insolvency.- A debtor commits an act of insolvency in each of the following cases, namely:- (a) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes a transfer of all or substantially all his property to a third person for the benefit of his creditors generally; (b) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes a transfer of his property or of any part thereof with intent to defeat or delay his creditors; (c) if, in [Substituted by the A.O.1950 for "the Provinces"] [India] or elsewhere, he makes any transfer of his property, or of any part thereof, which would, under this or any other enactment for the time being in force, be void as a fraudulent preference if he were adjudged an insolvent; (d) if, with intent to defeat or.....
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 40
Title: Hearing of Application for Discharge
State: Central
Year: 1909
Notice of the appointment by the Court of the day for hearing the application for discharge shall be published in the prescribed manner and sent one month at least before the day so appointed to each creditor who has proved, and the Court may hear the official assignee and may also hear any creditor.At the hearing, the Court may put such questions to the insolvent and receive such evidence as it may think fit.
View Complete Act List Judgments citing this sectionIndustrial Disputes Act, 1947 Section 11A
Title: Powers of Labour Courts, Tribunals and National Tribunals to Give Appropriate Relief in Case of Discharge or Dismissal of Workmen
State: Central
Year: 1947
.....the following sections, namely:-- "11B. Powers of Labour Courts in respect of criminal cases.-- In respect of offences punishable under this Act and the Acts specified in Part B of the Second Schedule a Labour Court shall have all the powers under the Code of Criminal Procedure, 1973 (2 of 1974) of a Judicial Magistrate of the First Class and in the trial of every such offence shall follow the procedure laid down in Chapter XXI of the said Code for summary trial and the rest of the provisions of the Code, shall, so far as may be, apply to such trial. 11C. Appeal.-- (1) An appeal shall lie to the Industrial Court constituted under section 9 of the Madhya Pradesh Audyogik Sambandh Adhiniyam, 1960 (27 of I960),-- (a) against a conviction by a Labour Court, by the person convicted; (b) against an acquittal by a Labour Court, by the State Government; (c) for enhancement of sentence awarded by a Labour Court, by the State Government. (2) Every appeal shall be made within sixty days from the date of the conviction, acquittal or sentence, as the case may be: Provided that the Industrial Court may for sufficient reasons allow an appeal after the expiry of the said.....
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 38
Title: Discharge of Insolvent
State: Central
Year: 1909
(1) An insolvent may, at any time after the order of adjudication, apply to the Court for an order of discharge, and the Court shall appoint a day for hearing the application, but, save where the public examination of the insolvent has been dispensed with under the provisions of this Act, the application shall not be heard until after such examination has been concluded.The application shall be heard in open Court. (2) On the hearing of the application, the Court shall cake into consideration any report of the official assignee as to the insolvent's conduct and affairs, and, subject to the provisions of section 39, may (a) grant or refuse an absolute order of discharge, or (b) suspend the operation of the order for a specified time, or (c) grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the insolvent, or with respect to his after acquired property.
View Complete Act List Judgments citing this sectionProvincial Insolvency Act, 1920 Section 41
Title: Discharge
State: Central
Year: 1920
(1) A debtor may, at any time after the order of adjudication and shall, within the period specified by the Court, apply to the Court for an order of discharge, and the Court shall fix a day, notice whereof shall be given in such manner as may be prescribed, for hearing such application, and any objections which may be made thereto. (2) Subject to the provisions of this section, the Court may, after considering the objections of any creditor and, where a receiver has been appointed, the report of the receiver (a) grant or refuse an absolute order of discharge; or (b) suspend the operation of the order for a specified time; or (c) grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the insolvent, or with respect to his after acquired property.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 246
Title: Procedure Where Accused is Not Discharged
State: Central
Year: 1973
.....explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. (3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon. (4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3) he shall be required to stale, at the commencement of the next hearing of the case or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith whether he wishes to cross-examine any, and if so, which, of the witnesses for the prosecution whose evidence has been taken. (5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken and after cross-examination and re-examination (if any), they shall also be discharged.
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