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Bombay Court-fees (Amendment) Act, 2004, (Maharashtra) Complete Act

Title: the Bombay Court

State: Maharashtra

Year: 2004

Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender

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Bombay Court-fees (Amendment) Act, 2004, (Maharashtra) Preamble

Title: the Bombay Court

State: Maharashtra

Year: 2004

THE BOMBAY COURT-FEES (AMENDMENT) ACT, 2004 [ACT No. 22 of 2004] PREAMBLE An Act further to amend the Bombay Court-fees Act, 1959 WHEREAS both Houses of the State Legislature are not in session; AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action further to amend the Bombay Court-fees Act, 1959, for the purposes hereinafter appearing; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Act, namely :-

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Bombay Court-fees (Amendment) Act, 2004, (Maharashtra) Section 1

Title: Short Title and Commencement

State: Maharashtra

Year: 2004

(1) This Ordinance may be called the Bombay Court-fees (Amendment) Act, 2004. (2) It shall come into force at once.

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Bombay Court-fees (Amendment) Act, 2004, (Maharashtra) Section 2

Title: Amendment of Section 7 of Bom. Xxxvi of 1959

State: Maharashtra

Year: 2004

In section 7 of the Bombay Court fees Act, 1959 (hereinafter referred to as "the principal Act"),-- (a) In sub-section (1), after the word "claimed" the words "or challenged" shall be inserted; (b) to sub-section (1), the following proviso and Explanation shall be added, namely:-- "Provided that, where the State Government is an acquiring body, it shall not be liable for payment of fee in such appeals. Explanation.-- For the purposes of this sub-section "amount" means the amount in dispute and it shall not include the amount of statutory benefits.".

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Bombay Court-fees (Amendment) Act, 2004, (Maharashtra) Section 3

Title: Amendment of Schedule Ii of Bom. Xxxvi of 1959

State: Maharashtra

Year: 2004

In Schedule II to the principal Act, -- (a) in article 38A, in clause (c), in column (1), for the letters and word "II or III", the letters and word "II, III or IV" shall be substituted; (b) in article 38F, in column (1), for the words "Application or reference" the words "Complaint and Appeal" shall be substituted.

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Karnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Section 12

Title: Powers of Special Court Regarding Attachment

State: Karnataka

Year: 2004

.....unless it is also satisfied that there will remain under attachment an amount or property of value not less than the value that is required for repayment to the depositors of such financial establishment. (7) Where the Special Court passes an order under sub-section (6), making the order of attachment absolute or varying the order of attachment by releasing a portion of the property from attachment it may, issue such direction as may be necessary for realisation of the assets attached and for the equitable distribution amongst the depositors of the money realised from and out of the assets so attached. (8) Where an application is made by any person duly authorised or constituted or specified by any other State Government under similar enactment empowering him to exercise control over any money or property or assets attached by that State Government, the Special Court shall exercise all its powers, as if, such an application were made under this Act and pass appropriate order or direction on such application so as to give effect to the provisions of such enactment.

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Karnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Section 10

Title: Special Court

State: Karnataka

Year: 2004

(1) For the purposes of this Act, the Government may, with the concurrence of the Chief Justice of the High Court of Karnataka, by notification, constitute one or more Special Court consisting of a Single Judge not below the rank of a District and Sessions Judge for such area or areas or for such class or classes of cases. (2) No Court including the Court constituted under the Presidency Towns Insolvency Act, 1909 (Act 3 of 1909) and the Provincial Insolvency Act, 1920 (Act 5 of 1920) other than the Special Court shall have jurisdiction in respect of any mailer to which the provisions of this Act is invoked. (3) Any pending case in any other Court in respect of which the provisions of this Act invoked, shall stand transferred to the Designated Courts from the date of notification issued under sub-section (1).

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Karnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Section 18

Title: Procedure and Powers of Special Court Regarding Offences

State: Karnataka

Year: 2004

(1) The Special Court may take cognizance of the offence without the accused being committed to it for trial and in trying the accused person, shall follow the procedure specified in the Code of Criminal Procedure, 1973 (Central Act II of 1974) for the trial of warrant cases by Magistrates. (2) The provisions of the Code of Criminal Procedure, 1973 (Central Act II of 1974) except the provisions of Section 438 shall, so far as may be, apply to the proceedings before a Special Court and for the purpose of the said provisions, Special Court shall be deemed to be a Court or Judicial Magistrate, First Class or Metropolitan Magistrate, as the case may be.

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Prohibition of Charging Exorbitant Interest Act, 2004 Section 5

Title: Deposit of Money and Presentation of Petition to Court and the Procedure Thereof

State: Karnataka

Year: 2004

(1) A debtor may deposit the money due in respect of a loan received by him from any person together with interest at the rate fixed by the State Government under section 28 of the Karnataka Money Lenders Act, 1961 into the Court having jurisdiction, along with a petition to record that the amount deposited is in full or part, satisfaction of. the loan including the interest therefor, as the case may be. (2) The Court shall, on receipt of a petition under sub-section (1), refer a copy of the petition to the person mentioned in the petition, directing him to give his replies within a period of fifteen days as may be granted by the Court. The Court may, after due inquiry and after considering the versions of both the parties, pass orders recording the satisfaction of the loan and interest therefor in full or in part, as the case may be.

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Karnataka Protection Oe Interest of Depositors in Financial Establishments Act, 2004 Section 11

Title: Powers of the Special Court Regarding Realisation of Assets and Payment to Depositors

State: Karnataka

Year: 2004

.....as it deems fit or depending upon the nature of assets and credit the sale proceeds thereof to the bank accounts; (d) approve the necessary expenditure to be incurred by the Competent Authority for taking possession and realisation of the assets of the financial establishment; (e) on receipt of an application under Section 8, order for payment to the depositors by the Competent Authority or order for proportionate payment to the depositors in the events of the money so realised is not sufficient to meet the entire deposit liability; and (f) pass any order which the Special Court deems fit for realisation of the assets of the company and repayment to the depositors of the financial establishment or on any matter or issue incidental thereto. Explanation.--For the purpose of this section, the expression "financial establishment" includes the directors, partners, promoters, managers or member of said establishment or any other person whose property or assets have been attached under Section 3.

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