Bare Act Search Results

Indian Contract Act, 1872 Section 137

Title: Creditors Forbearance to Sue Does Not Discharge Surety

State: Central

Year: 1872

Mere forbearance on the part of the creditor to sue the principal debtor or to enforce any other remedy against him, does not, in the absence of any provision in the guarantee to the contrary, discharge the surety. Illustration B owes to C a debt guaranteed by A. The debt becomes payable. C does not sue B for a year after the debt has become payable. A is not discharged from his suretyship.

Indian Contract Act, 1872 Chapter 8

Title: Of Indemnity and Guarantee

State: Central

Year: 1872

.....such third person may have been aware of its existence. Illustration A and B make a joint and several promissory note to C. A makes it, in fact, as surety for B, and C knows this at the time when the note is made. The fact that A, to the knowledge of C, made the note as surety for B, is no answer to a suit by C against A upon the note. Section 133 - Discharge of surety by variance in terms of contract Any variance, made without the surety's consent, in the terms of the contract between the principal 1[debtor] and the creditor, discharges the surety as to transactions subsequent to the variance. Illustrations (a) A becomes surety to C for B's conduct as a manager in C's bank. Afterwards B and C contract, without A's consent, that B's salary shall be raised, and that he shall become liable for one- fourth of the losses on overdrafts. B allows a customer to over-draw, and the bank loses a sum of money. A is discharged from his suretyship by the variance made without his consent, and is not liable to make good this loss. (b) A guarantees C against the misconduct of B in an office to which B is appointed by C, and of which the duties are defined by an Act of.....

Prevention of Corruption Act, 1988 Chapter III

Title: Offences and Penalties

State: Central

Year: 1988

.....on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation. For the purposes of this section, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant. (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine. Section 14 - Habitual committing of offence under sections 8, 9 and 12 Whoever habitually commits (a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12,shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine. Section 15 - Punishment for attempt Whoever attempts to commit an offence referred to in.....

The Prevention of Corruption Act, 1988 Complete Act

State: Central

Year: 1988

.....on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation.-- For the purposes of this section, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant. (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine. 14.Habitual committing of offence under sections 8, 9 and 12 .- Whoever habitually commits -- (a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12. shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine. 15.Punishment for attempt .-- Whoever attempts to commit an offence referred to in clause.....

Telecom Regulatory Authority of India Act, 1997 Complete Act

State: Central

Year: 1997

.....addressed, pre-paid and duly sent by registered post with acknowledgment due, a declaration referred to above, shall be made notwithstanding the fact that the acknowledgment has been lost or mislead, or for any other reason has riot been received by the Appellate Tribunal within thirty days from the date of issue of notice. (4) All notices required to be served on the respondent or the appellant shall be deemed to be sufficiently served, if served in the manner specified in sub-rule (2) and (3) on the address in the case of a respondent to the place where business or profession is carried by the respondent and in case of an appellant where the appellant actually and voluntarily resides or carries on business. TELECOM REGULATORY AUTHORITY OF INDIA (PROCEDURE FOR CONDUCTING INQUIRY AGAINST A MEMBER) RULES, 1999 In exercise of the powers conferred by sub-section (1), read with clause (c) of sub-section (2) of Section 35of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997), the Central Government hereby makes the following rules regulating the procedure for conducting inquiry against a Member of the Telecom Regulatory Authority of India, namely :- RULE 01: SHORT.....

The Kerala Public Mens Corruption (Investigations and Inquiries) Act, 1987 Complete Act

State: Kerala

Year: 1987

.....person on his behalf is in possession, or has at anytime during the period of his office, been in possession, for which the public man cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income; or (g) abusing his position as a public man shows any act of favoritism or nepotism in the discharge of his official functions by obtaining any monetary gain for himself or for his family, is said to commit corruption. Explanation I." The word "gratification" means pecuniary gratification and gratification estimable in money. Explanation II." The word "law" includes any Ordinance, bye-law, rule, regulation of notification. Explanation III." The words "legal remuneration" are not restricted to remuneration which a public man can lawfully demand, but include all remuneration which is lawfully permissible. Explanation IV." A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within the expression "a motive or reward for doing". Section 4 - Constitution of Commission (1) For the purpose of conducting investigations and.....

Indian Contract Act, 1872 Section 127

Title: Consideration for Guarantee

State: Central

Year: 1872

Anything done, or any promise made, for the benefit of the principal debtor, may be a sufficient consideration to the surety for giving the guarantee. Illustrations (a) B requests A to sell and deliver to him goods on credit. A agrees to do so, provided C will guarantee the payment of the price of the goods. C promises to guarantee the payment in consideration of A's promise to deliver the goods. This is a sufficient consideration for C's promise. (b) A sells and delivers goods to B. C afterwards requests A to forbear to sue B for the debt for a year, and promises that, if he does so, C will pay for them in default of payment by B. A agrees to forbear as requested. This is a sufficient consideration for C's promise. (c) A sells and delivers goods to B. C afterwards, without consideration, agrees to pay for them in default of B. The agreement is void.

Prevention of Corruption Act, 1988 Section 7

Title: Public Servant Taking Gratification Other Than Legal Remuneration in Respect of an Official Act

State: Central

Year: 1988

.....a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or forrendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine. Explanation. (a) "Expecting to be a public servant." If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will when serve them, be may be guilty of cheating, but he is not guilty of the offence defined in this section. (b) "Gratification." The word gratification" is not restricted to pecuniary gratifications or to gratifications estimable in money. (c) "Legal remuneration." The words "legal remuneration" are not restricted to.....

Government of India Act, 1833 [Repealed] Section 80

Title: Disobedience of Orders & Breach of Trust by Officers or Servants or the Company in India, Misdemeanors

State: Central

Year: 1833

* * *1 every wilful disobeying, and every wilful omitting,forbearing, or neglecting to execute the orders or instructions of the said court ofdirectors by any governor general of India, governor, member of council, or commander in chief,or by any other of the officers or servants of the said company, unless in cases ofnecessity (the burthen of the proof of which necessity shall be on theperson so disobeying or omitting, forbearing or neglecting, to execute such orders orinstructions as aforesaid), and every wilful breach of the trust and duty ofany office or employment by any such governor general, governor, member of council, or commander in chief,or any of the officers or servants of the said company, shall be deemedand taken to be a misdemeanor at law, and shall or may be proceeded against andpunished as such by virtue of this Act. ___________________________ 1. Enacting words repealed (U.K.), 51&52 Vict., c. 57 (S.L.R.).

Contract Act, 1872 Complete Act

State: Central

Year: 1872

..... (3) by the failure of the acceptor to fulfil a condition precedent to acceptance; or (4) by the death or insanity of the proposer, if the fact of the death or insanity comes to the knowledge of the acceptor before acceptance. SECTION 07: ACCEPTANCE MUST BE ABSOLUTE In order to convert a proposal into a promise, the acceptance must- (1) be absolute and unqualified ; (2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the acceptance is not made in such a manner, the proposer may, within a reasonable time after the acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed mariner, and not otherwise; but if he fails to do so, he accepts the acceptance. SECTION 08: ACCEPTANCE BY PERFORMING CONDITIONS, OR RECEIVING CONSIDERATION. Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is an acceptance of the proposal. SECTION 09: PROMISES, EXPRESS OR IMPLIED. Insofar as the proposal or.....