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Home Bare Acts Phrase: embezzlementNarcotic Drugs and Psychotropic Substances Act, 1985 Section 19
Title: Punishment for Embezzlement of Opium by Cultivator
State: Central
Year: 1985
Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....
List Judgments citing this sectionOpium Act, 1857 Complete Act
State: Central
Year: 1857
OPIUM ACT, 1857 OPIUM ACT, 1857 An Act to consolidate and amend the law relating to the cultivation of the poppy and the manufacture of opium 2 [* *]. Preamble.-Whereas the existing law relating to the cultivation of the poppy and the manufacture of opium on account of Government is in some respects inconsistent with the practice which now obtains under agreement between the Opium Agents and the cultivators, and it is expedient that such in- consistency should be removed; And whereas it is also expedient3[* * *] that the laws for preventing the illicit cultivation of the poppy, and for regulating the cultivation of the poppy and the manufacture of opium on account of Government, should be consolidated and amended; It is enacted as follows:- This Act has been declared to be in force throughout the former Province of Bengal and the former North-Western Provinces except the Scheduled Districts by the Laws Local Extent Act, 1874 (15 of 1874),Sections 6and7. It has also been declared to be in force in the Santhal Parganaa (now in Bihar) by Regn. III of 1872, Section 3 (1) and Schedule; and in Oudh (now in Uttar Pradesh), subject to certain modifications by Section 3 (e) of.....
List Judgments citing this sectionThe Bombay Local Fund Audit Act 1930 Complete Act
State: Maharashtra
Year: 1930
.....fails to give the intimation or explanation referred to in sub-section (1) within the period therein mentioned, the Chief Auditor shall bring the fact to the notice of the Commissioner. Thereupon the Commissioner may 1[publish in Marathi in any newspaper circulating within the jurisdiction of the local authority] such portion of the Chief Auditor's report under Section.8 as may be specified by the Chief Auditor or as the commissioner may select together with any observations which he Commissioner may make on such report. The cost of such publication shall be forthwith paid by the local authority concerned. If the cost is not so paid, the Commissioner may make an order directing any person, who for the time being has custody of any moneys on behalf of the local authority. as its officer, treasurer, banker or otherwise, to pay the amount of such cost from such money as he may have in his hands or may, from time to time, receive, and such person shall be bound to obey such order. Every payment made pursuant to such order shall be a sufficient discharge to such person from all liability to the local authority in respect of any amount paid by him out of the moneys of the local.....
List Judgments citing this sectionDelhi Panchayat Raj Act, 1954 Complete Act
State: Delhi
Year: 1954
.....of any offence or where an accused has been tried for any offence, no Panchayati Adalat shall take cognizance of any such offence or on the same facts, of any other offence of which the accused might have been charged or convicted]. Section63 Concurrent jurisdiction Where a [suit, criminal case or proceeding] is maintain- able in more than one Circle Panchayat, the plaintiff or the complainant or] the applicant, as the case may be, may bring the [suit, criminal case or proceeding] in one of such Circle Panchayats. Any dispute regarding jurisdiction shall be decided by the Senior Sub-Judge, 11. Added by Central Act 9 of 1959. Additional District Magistrate or the Revenue Assistant, having jurisdiction as the case may be. Section64 Institution of suits, criminal case and proceedings Any person who wishes to 22. Section 56 substituted by Central Act 9 of 1959. institute a [suit, criminal case or proceeding] under this Act before a Circle Panchayat may make an application orally or in writing to the Sarpanch of the Circle Panchayat or in case of his absence from the circle to the Naib Sarpanch or when both are absent, to such other panch as the Sarpanch may have.....
List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Chapter 4
Title: Offences and Penalties
State: Central
Year: 1985
.....to prepared opium Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,-- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both; or (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; or (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. Section 18 - Punishment for contravention in relation to opium poppy.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Part 3
Title: Production and Effect of Evidence
State: Central
Year: 1872
.....PROOF Section 101 - Burden of proof Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. Section 102 - On whom burden of proof lies The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. .....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Chapter 9
Title: Of Witnesses
State: Central
Year: 1872
.....that nothing in this section shall protect from disclosure-- (1) Any such communication made in furtherance of any 1 [illegal] purpose; (2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister, 2 [pleader], attorney or vakil was or was not directed to such fact by or no behalf of his client. Explanation.-The obligation staled in this section continues after the employment has ceased. Illustration (a) A, a client, says to B, an attorney--"I have committed forgery and I wish you to defend me". As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (b) A, a client, says to B, an attorney--"I wish to obtain possession of property by the use of forged deed on which I request you to sue". This communication, being made in furtherance of a criminal purpose, is not protected from disclosure. (c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 126
Title: Professional Communications
State: Central
Year: 1872
.....that nothing in this section shall protect from disclosure-- (1) Any such communication made in furtherance of any 1 [illegal] purpose; (2) Any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment. It is immaterial whether the attention of such barrister, 2 [pleader], attorney or vakil was or was not directed to such fact by or no behalf of his client. Explanation.-The obligation staled in this section continues after the employment has ceased. Illustration (a) A, a client, says to B, an attorney--"I have committed forgery and I wish you to defend me". As the defence of a man known to be guilty is not a criminal purpose, this communication is protected from disclosure. (b) A, a client, says to B, an attorney--"I wish to obtain possession of property by the use of forged deed on which I request you to sue". This communication, being made in furtherance of a criminal purpose, is not protected from disclosure. (c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the proceedings, B.....
View Complete Act List Judgments citing this sectionIndian Evidence Act, 1872 Complete Act
State: Central
Year: 1872
.....appears from the context- "Court"- includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence. "Fact" " "Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the sense; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in goods faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particulars sensation, is a fact. (e) That a man has a certain reputation is a fact. "Relevant" " One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence,.....
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