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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 sectionMental Health Act, 1987 Chapter V
Title: Inspection, Discharge, Leave of Absence and Removal of Mentally Ill Persons
State: Central
Year: 1987
.....mentally ill person (1) Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychialric nursing home under section 22, section 24 or section 25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge who shall forward it together with his remarks thereon to the authority under those orders the mentally ill person is detained. (2) Where an application is received under sub-section (I), the authority shall, on such relative or friend furnishing a bond, wilh or without sureties, for such amount as such authority may specify in this behalf undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged. Section 43 - Discharge of person on his request (1) Any person (not being a mentally ill prisoner) detained in pursuance of an order made under this Act who feels that he has recovered from his mental illness, may make an application to the Magistrate, where necessary under.....
View Complete Act List Judgments citing this sectionWater (Prevention and Control of Pollution) Act, 1974 Section 25
Title: Restrictions on New Outlets and New Discharges
State: Central
Year: 1974
.....of a periodof four months of the making of an application in this behalf complete in allrespects to the State Board. (8)For the purposes of this section and sections 27and 30- (a)the expression "new or altered outlet"meansany outlet which is wholly or partly constructed on or after the commencement ofthis Act or which (whether so constructed or not) is substantially altered aftersuch commencement; (b)the expression "new discharge" means a discharge which is not, asrespects to nature and composition, temperature, volume, and rate of dischargeof the effluent substantially a continuation of a discharge made within thepreceding twelve months (whether by the same or a different outlet), sohowever that a discharge which is in other respects a continuation of previousdischarge made as aforesaid shall not be deemed to be a new discharge by reasonof any reduction of the temperature or volume or rate of discharge of theeffluent as compared with the previous discharge. ________________________ 1.Substituted by Act 53 of 1988, section 12, for sub-sections (1)and (2) (w.e.f. 29-9-1988). 2.Substituted by Act 53 of 1988, section 12, for sub-sections (4), (5)and (6) (w.e.f......
View Complete Act List Judgments citing this sectionPresident (Discharge of Functions) Act, 1969 Complete Act
State: Central
Year: 1969
.....in the Twentieth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE This Act may be called The President (Discharge of Functions) Act, 1969. SECTION 02: DEFINITIONS In this Act "President", "Vice-President" and "Second Schedule" shall mean the President of India, the Vice-President of India and the Second Schedule to the Constitution, respectively. SECTION 03: DISCHARGE OF PRESIDENT'S FUNCTIONS IN CERTAIN CONTINGENCIES (1) In the event of the occurrence of vacancies in the offices of both the President and the Vice-President, by reason in each case of death, resignation or removal, or otherwise, the Chief Justice of India or in his absence, the senior most Judge of the Supreme Court of India available shall discharge the functions of the President until a new President elected in accordance with the provisions of the Constitution to fill the vacancy in the office of the President enters upon his office or a new Vice-President so elected begins to act as President under Article 65 of the Constitution, whichever is earlier. (2) When the Vice -President, while discharging the functions of the President, dies, resigns, or is removed or otherwise ceases to hold.....
List Judgments citing this sectionNegotiable Instruments Act, 1881 Chapter VII
Title: Of Discharge from Liability on Notes, Bills and Cheques
State: Central
Year: 1881
..... ( 2 ) In determining what is a reasonable time, regard sh all be had to the nature of the instrument, the usage of trade and of bankers, and the facts of the particular case. ( 3 ) The holder of the cheque as to which such dr awer or person is so discharged sh all be a creditor, in lieu of such dr awer or person, of such banker to the extent of such discharge and entitled to recover the amount from hi m. Illustrations (a) A draws a cheque for Rs. 1, 000, and, when the cheque ought to be presented, has funds at the bank to meet it. The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the amount of the cheque. (b) A draws a cheque at Ambala on a bank in Calcutta. The bank fails before the cheque could be presented in ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the cheque.] _____________________ 1. Substituted by Act 6 of 1897, sec. 3, for section 84. Section 85 - Cheque payable to order 1 [(1)]Where a cheque payableto order purports to be indorsed by or on behalf of the payee, thedrawee isdischarged by payment in due course. 2.....
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Part II
Title: Discharge
State: Central
Year: 1987
.....mentally ill person (1) Where any relative or friend of a mentally ill person detained in a psychiatric hospital or psychialric nursing home under section 22, section 24 or section 25 desires that such person shall be delivered over to his care and custody, he may make an application to the medical officer in charge who shall forward it together with his remarks thereon to the authority under those orders the mentally ill person is detained. (2) Where an application is received under sub-section (I), the authority shall, on such relative or friend furnishing a bond, wilh or without sureties, for such amount as such authority may specify in this behalf undertaking to take proper care of such mentally ill person, and ensuring that the mentally ill person shall be prevented from causing injury to himself or to others, make an order of discharge and thereupon the mentally ill person shall be discharged. Section 43 - Discharge of person on his request (1) Any person (not being a mentally ill prisoner) detained in pursuance of an order made under this Act who feels that he has recovered from his mental illness, may make an application to the Magistrate, where necessary under.....
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