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Home Bare Acts Phrase: exceptIndian Penal Code (45 of 1860) Chapter 4
Title: General Exceptions
State: Central
Year: 1860
.....person doing the act in good faith believes that the Court had such jurisdiction. Section 79 - Act done by a person justified, or by mistake of fact believing himself justified, by law Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence. Section 80 - Accident in doing a lawful act Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 6
Title: Definitions in the Code to Be Understood Subject to Exceptions
State: Central
Year: 1860
Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled "General Exceptions" though those exceptions are not repeated in such definition, penal provision, or illustration. Illustrations (a) The sections, in this Code, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences, but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police-officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement for he was bound by law to apprehend Z and therefore the case falls within the general exception which provides that "nothing is an offence which is done by a person who is bound by law to do it".
View Complete Act List Judgments citing this sectionForeign Contribution (Regulation) Act, 1976 Section 5
Title: Organisation of a Political Nature Not to Accept Foreign Contribution Except with the Prior Permission of the Central Government
State: Central
Year: 1976
.....the organisation or the ideology propagated by the organisation or the programme of the organisation or the association of the organisation with the activities of any political party, by an order published in the Official Gazette, specify in this behalf. (2) (a) Except with the prior permission of the Central Government, no person, resident in India, and no citizen of India, resident outside India, shall accept any foreign contribution, or acquire or agree to acquire any foreign currency, on behalf of an organisation referred to in sub-section (1). (b) Except with the prior permission of the Central Government, no person, resident in India, shall deliver any foreign currency to any person if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to an organisation referred to in sub-section (1). (c) Except with the prior approval of the Central Government, no citizen of India, resident outside India, shall deliver any currency, whether Indian or foreign, which has been accepted from any foreign source, to- (i) any organisation referred to in sub-section (1), or (ii) any person, if he knows or has reasonable.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 105
Title: Burden of Proving That Case of Accused Comes Within Exceptions
State: Central
Year: 1872
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, (45 of 1860) or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Illustrations (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control; The burden of proof is on A. (c) Section 325 of the Indian Penal Code (45 of 1860), provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A.
View Complete Act List Judgments citing this sectionMonopolies and Restrictive Trade Practices Act, 1969 Section 32
Title: Monopolistic Trade Practice to Be Deemed to Be Prejudicial to the Public Interest Except in Certain Cases
State: Central
Year: 1969
1 [32. Monopolistic trade practice to be deemed to be prejudicial to the public interest except in certain cases.- For the purposes of this Act every monopolistic trade practice shall be deemed to be prejudicial to the public interest, except where- (a) such trade practice is expressly authorised by any enactment for the time being in force, or (b) the Central Government, being satisfied that any such trade practice is necessary- (i) to meet the requirements of the defence of India or any part thereof, or for the security of the State; or (ii) to ensure the maintenance of supply of goods and services essential to the community; or (iii) to give effect to the terms of any agreement to which the Central Government is a party, by a written order, permits the owner of any undertaking to carry on any such trade practice.] ________________________ 1. Substituted by Act 30 of 1984, section 25, for section 32 w.e.f. 1-8-1984.
View Complete Act List Judgments citing this sectionGOA, DAMAN AND DIU JUDICIAL COMMISSIONER'S COURT (DECLARATION AS HIGH COURT) ACT, 1964[REPEALED] Section 6
Title: Exceptions and modifications subject to which the provisions of Chapter V of Part VI of the Constitution apply to the Judicial Commissioner's Court
State: Central
Year: 1964
The provisions of Chapter V of Part VI of the Constitution shall in their application to the Judicial Commissioner's Court have effect subject to the following exceptions and modifications, namely: - (a) The provisions of Articles 216, 217, 218, 220, 221, 222, 223, 224, 224A, 225, 230 and 231 shall not apply; (b) References - (i) In Article 219, in the proviso to clause (3) of Article 227 and in Article 229 to the Governor shall be construed as references to the administrator of the Union territory of Goa, Daman and Diu; (ii) In Articles 219 and 229 to the State (except in the expression "the State Public Service Commission") shall be construed as references to the Union territory of Goa, Daman and Diu; (c) The reference to the State Public Service Commission in the proviso to clause (1) of Article 229 shall be construed as a reference to the Union Public Service Commission.
View Complete Act List Judgments citing this sectionEstate Duty Act, 1953 [Repealed] Section 47
Title: Debts to Persons Resident in Foreign Country Not to Be Deducted in First Instance Except from Duty-paid Property in That Country
State: Central
Year: 1953
An allowance shall not be made in the first instance for debts due from the deceased to persons resident out of the territories to which this act extends (unless contracted to be paid in the said territories or charged on properties situate within the said territories) ,except, out of the value of any property of the deceased situate out of the said territories in respect of which estate duty is paid; and there shall be no repayment of estate duty in respect of any such debts, except to the extent to which it is shown to the satisfaction of the Controller that the property of the deceased situate in the foreign country in which the person to whom such debts are due resides is insufficient for their payment.
View Complete Act List Judgments citing this sectionOriental Gas Company Act ,1857 Section 4
Title: Streets or Drains Not to Be Broken Up Except Under Superintendent of Persons Having Control of the Same
State: Central
Year: 1857
No such street, bridge, sewer, drain, or tunnel shall except in the cases of emergency aforesaid, be opened or broken up, except under the superintendence of the persons having the control or management thereof, or of their officer or in case of any difference respecting such persons or their officers or in case of any difference respecting such plan then according to such plan as shall be determined by a Magistrate ; and such Magistrate may, or the application of the person having the control or management of any such sewer or drain or their officer require the said Company to make such temporary or other works as they think necessary execution of any interruption of the drainage during the execution of any works which interfere with any such sewer or drain: Provided always that, if the persons having such control or management as aforesaid, and their officer fail to attend at the time fixed for the opening of any such street, bridge, sewer, drain, or tunnel, after having had such notice of the said Company's intention as aforesaid or shall not propose any plan for breaking up or opening the same or shall refuse or neglect to superintend the operation the said Company may perfor
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 68
Title: Bar of Distresses Except Under This Chapter
State: Central
Year: 1882
No distress shall be levied for arrears of rent except under the provisions of this Chapter; Penalty for making illegal distresses and any person, except a bailiff appointed under section 51, levying or attempting to levy any such distress, shall, on conviction before a Presidency Magistrate, be liable to be punished with fine which may extend to five hundred rupees and with imprisonment for a term which may extend to three months, in addition to any other liability he may have incurred by his proceedings.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 255
Title: Probate or Administration, with Will Annexed, Subject to Exception
State: Central
Year: 1925
Whenever the nature of the case requires that an exception be made probate of a Will, or letters of administration with the Will annexed, shall be granted subject to such exception.
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