Bare Act Search Results
Home Bare Acts Phrase: disproportionableInsurance Act, 1938 Complete Act
State: Central
Year: 1938
.....be made under the foregoing provisions of this section before the application for registration is made whether any such application is or is not in fact made]. (8) A deposit made in cash shall be held by the Reserve Bank of India to the credit of the insurer and shall 153[a] Inserted and deemed always to have been inserted by the Insurance (Amendment) Act, 1940 (20 of 1940), Section 4. [except to the extent, if any, to which the cash has been invested in securities under sub-section (9A)], be returnable to the insurer in cash in any case in which under the provisions of this Act a deposit is to be returned; and any interest accruing due and collected on securities deposited under sub-section (1) or sub-section (2) shall be paid to the insurer, subject only to deduction of the normal commission chargeable for the realization of interest. 154[a] Sub-sections (9), (9A) and (9B) were substituted and deemed always to have been substituted by Act 20 of 1940, Section 4. [(9) The insurer may at any time replace any securities deposited by him under this section with the Reserve Bank of India either by cash or by other approved securities or partly cash and partly by other approved.....
List Judgments citing this sectionCompanies Act, 1956 Part 4
Title: Share Capital and Debentures
State: Central
Year: 1956
.....application in writing made to the company by the transferee and bearing the stamp required for an instrument of transfer, it is proved to the satisfaction of the Board of directors that the instrument of transfer signed by or on behalf of the transferor and by or on behalf of the transferee has been lost, the company may register the transfer on such terms as to indemnity as the Board may think fit: Provided further that nothing to this section shall prejudice any power of the company to register as shareholder or debenture-holder any person to whom the right to any shares in, or debentures of, the company has been transmitted by operation of law. 1[(1A) Every instrument of transfer of shares shall be in such form as may be prescribed, and - (a) every such form shall, before it is signed by or on behalf of the transferor and before any entry is made therein, be presented to the prescribed authority, being a person already in the service of the Government, who shall stamp or otherwise endorse thereon the date on which it is so presented, and (b) every instrument of transfer in the prescribed form with the date of such presentation stamped or otherwise endorsed thereon.....
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Chapter VIII
Title: Miscellaneous
State: Central
Year: 1957
.....state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused, to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation. -In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact, or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ________________________ 1. Inserted by Act 46 of 1986, section 39 w.e.f. 10-9-1986. Section 36 - Proof of entries in records or documents 1[36. Proof of entries in records or documents Entries in the records or other documents in the custody of a wealth-tax authority shall be admitted in evidence in any proceedings for the prosecution of any person for an offence under this Act, and all such entries may be proved either by the production of the records or other documents in the custody of the Wealth-tax authority containing such entries or by the.....
View Complete Act List Judgments citing this sectionInsurance Act, 1938 (4 of 1938) Section 64UM
Title: Licensing of Surveyors and Loss Assessors
State: Central
Year: 1938
.....or settled by the insurer unless he has obtained a report, on the loss that has occurred, from a person who holds a licence issued under this section to act as a surveyor or loss assessor (hereafter referred to as "approved surveyor or loss assessor"): Provided that nothing in this sub-section shall be deemed to take away or abridge the right of the insurer to pay or settle any claim at any amount different from the amount assessed by the approved surveyor or loss assessor. (3) The 1 [Authority] may, at any time, in respect of any claim of the nature referred to in sub-section (2), call for an independent report from any other approved surveyor or loss assessor specified by 6 [it] and such surveyor or loss assessor shall furnish such report to the 1 [Authority] within such time as may be specified by the 1 [Authority] or if no time limit has been specified by 6 [it] within a reasonable time and the cost of, or incidental to such report shall be borne by the insurer. (4) The 1 [Authority] may, on receipt of a report referred to in sub-section (3), issue such directions as it may consider necessary with regard to the settlement of the claim including any direction to.....
View Complete Act List Judgments citing this sectionSecurities Contracts Regulation Act, 1956 (42 of 1956) Amending Act 5
Title: Securities Laws (Amendment) Act,2004
State: Central
Year: 1956
..... (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the Sections specified in sub-Section (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those Sections. 23J. Factors to be taken into account by the adjudicating officer.-- While adjudging the quantum of penalty under Section 23-I, the adjudicating officer shall have due regard to the following factors, namely:- (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to an investor or group of investors as a result of the default ; (c) the repetitive nature of the default. 23K. Crediting sum realised by way of penalties to Consolidated Fund of India.-- All sums realised by way of penalties.....
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Complete Act
Title: Companies Act, 1956
State: Central
Year: 1956
.....company at registered office Section137 - Entry in register of charges of appointment of receiver or manager Section138 - Company to report satisfaction and procedure thereafter Section139 - Power of Registrar to make entries of satisfaction and release in absence of intimation from company Section140 - Copy of memorandum of satisfaction to be furnished to company Section141 - Rectification by Central Government of register of charges Section142 - Penalties Section143 - Company's register of charges Section144 - Right to inspect copies of instruments creating charges and company's register of charges Section145 - Application of Part to charges requiring registration under it but not under previous law Part 6 Chapter 1 Section146 - Registered office of company Section147 - Publication of name by company Section148 - Publication of authorised as well as subscribed and paid-up capital Section149 - Restrictions on commencement of business Section150 - Register of members Section151 - Index of members Section152 - Register and index of debenture-holders Section152A - Register and index of beneficial owners to be of debenture-holders Section153 - Trusts not to be.....
List Judgments citing this sectionCompanies Act, 1956 Complete Act
State: Central
Year: 1956
.....the same activity as that carried on by the head office of the company; or (c) any establishment engaged in any production, processing or manufacture, but does not include any establishment specified in any order made by the Central Government under (section 8);] (10) "company" means a company as defined in (section 3); [(10A) "Company Law Board" means the Board of Company Law Administration constituted under (section 10E);] [(11) "the Court" means,- (a) with respect to any matter relating to a company (other than any offence against this Act), the Court having jurisdiction under this Act with respect to that matter relating to that company, as provided in (section 10) ; (b) with respect to any offence against this Act, the Court of a Magistrate of the First Class or, as the case may be, a Presidency Magistrate, having jurisdiction to try such offence ;] (12) "debenture" includes debenture stock, bonds and any other securities of a company, whether constituting a charge on the assets of the company or not; [(12A) "depository" has the same meaning as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2.....
List Judgments citing this sectionWealth Tax Act, 1957 Complete Act
State: Central
Year: 1957
.....the value of such gift shall be liable to be included in computing the net wealth of the person making the gift unless he proves to the satisfaction of the89[Assessing Officer] that the money has actually been delivered to the other person at the time the entries were made.] 84 [(6) For the purposes of this Act, the holder of an impartible estate shall be deemed to be the individual owner of all the properties comprised in the estate.] 85 [(7) Where the assessee is a member of a co-operative society, company or other association of persons and a building or part thereof is allotted or leased to him under a house building scheme of the society , company or association, as the case may be, the assessee shall, notwithstanding anything contained in this Act or any other law for the time being in force, be deemed to be the owner of such building or part and the value of such building or part, shall be included in computing the net wealth of the assessee; and, in determining the value of such building or part, the value of any outstanding instalments of the amount payable under such scheme by the assessee to the society, company or association towards the cost of such building.....
List Judgments citing this sectionDelhi Administration Act, 1966 Complete Act
State: Delhi
Year: 1966
.....between the Administration and the Government of India or the Government of a State, no question shall be asked except as to matters of fact and the answer shall be confined to a statement of fact. Rule44 Chairman to decide admissibility of question (1) The Chairman shall decide whether a question or part thereof is or is not admissible under these rules or any rules made under the proviso to sub-section (1) of section 24 and may disallow any question or a part thereof when in his opinion it is an abuse of the righi of questioning or calculated to obstruct or prejudicially affect the procedure of the Council or is in contravention of the said rules. (2) Subject to the provisions of rule 39, the Chairman may direct that a question be placed on the list of questions for answer, on a date later than that specified by a member in his notice, if he is of the opinion that a longer period is necessary to decide whether the question is or is not admissible. Rule45 Chairman to decide if a question is to be treated as starred or unstarred If in the opinion of the Chairman any question put down for oral answer is of such a nature that a written reply would be.....
List Judgments citing this sectionThe Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 Complete Act
State: Maharashtra
Year: 1971
.....after investigating into the complaint under sub-section (4) submit his report to the Court, within the time specified by it, setting out the full facts and circumstances of the case, and the efforts made by him in settling the complaint. The Court shall, on demand and on payment of such fee as may be prescribed by rules, supply a copy of the report to the complainant and the person complained against. (6) If, on receipt of the report of the Investigating Officer, the Court finds that the complaint has not been settled satisfactorily, and that facts and circumstances of the case require, that the matter should be further considered by it, the Court shall proceed to consider it, and give its decision. (7) The decision of the Court, which shall be in writing, shall be in the form of an order. The order of the Court shall be final and shall not be called in question in any civil or criminal court. (8) The Court shall cause its order to be published in such manner as may be prescribed. The order of the Court shall become enforceable from the date specified in the order. (9) The Court shall forward a copy of its order to the State Government and such officers of the State Government.....
List Judgments citing this section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial