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Start Free TrialPresidency Small Cause Courts Act, 1882 Section 18
Title: Suits in Which Court Has Jurisdiction
State: Central
Year: 1882
.....suit, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; {Ins.by Act 1 of 1895, s.7.}[Provided that where the cause of action has arisen wholly within the local limits aforesaid, and the Court refuses to give leave for the institution of the suit, it shall record in writing its reasons for such refusal.] Explanation I.- When in any suit the sum claimed is, by a set-off admitted by both parties, reduced to a balance not exceeding two thousand rupees, the Small Cause Court shall have jurisdiction to try such suit. Explanation II.- Where a person has a permanent dwelling at one place and also a lodging at another place for a temporary purpose only, he shall be deemed to reside at both places in respect of any cause of action arising at the place where he has such temporary lodging. Explanation III.-A Corporation or Company shall be deemed to carry on business at its sole or principal office in1[India], or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place. {Ins.by Act 1 of 1895, s.8} [18A.Plaintiff may abandon suit against defendant.....
View Complete Act List Judgments citing this sectionCourt-fees Act, 1870 Section 19A
Title: Relief Where Too High a Court-fee Has Been Paid
State: Central
Year: 1870
.....a particular inventory and valuation of the property of the deceased, verified by affidavit or affirmation, and if such Authority is satisfied that a greater fee was paid on the probate or letters than the law required, the sad Authority may-- (a) cancel the stamp on the probate or letters, if such stamp has not been already cancelled: (b) substitute another stamp for denoting the court- fee which should have been paid thereon; and (c) make an allowance for the difference between them as in the case of spoiled stamps, or repay the same in money, at his discretion. ________________________ 1 . Substituted by Act 10 of 1901, Section. 3(1), for "of the Province"
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 271AAA
Title: Penalty Where Search Has Been Initiated
State: Central
Year: 1961
.....previous year. (2) Nothing contained in sub-section (1) shall apply if the assessee, (i) in the course of the search, in a statement under sub-section (4) of section 132, admits the undisclosed income and specifies the manner in which such income has been derived; (ii) substantiates the manner in which the undisclosed income was derived; and (iii) pays the tax, together with interest, if any, in respect of the undisclosed income. (3) No penalty under the provisions of clause (c) of sub-section (1) of section 271 shall be imposed upon the assessee in respect of the undisclosed income referred to in sub-section (1). (4) The provisions of sections 274 and 275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation. For the purposes of this section, (a) undisclosed income means (i) any income of the specified previous year represented, either wholly or partly, by any money, bullion, jewellery or other valuable article or thing or any entry in the books of account or other documents or transactions found in the course of a search under section 132, which has (A) not been recorded on or before the date of search in the.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 33
Title: Where Intestate Has Left Widow and Lineal Descendants, or Widow and Kindred Only, or Widow and No Kindred
State: Central
Year: 1925
Section 33 - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred Where the intestate has left a widow- (a) if he has also left any lineal descendants, one-thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) 1 [save as provided by section 33A] if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow. ___________________ 1. Inserted by Act 40 of 1926, section 2.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 446
Title: Procedure when Bond Has Been Forfeited
State: Central
Year: 1973
(1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court or of any Court to which the case has subsequently been transferred, that the bond has been forfeited, or where in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. Explanation.-A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property before any Court to which the case may subsequently be transferred. (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code: 1[Provided that where such penalty.....
View Complete Act List Judgments citing this sectionLand Acquisition (Mines) Act, 1885 Section 14
Title: Construction of Act when Land Acquired Has Been Transferred to a Local Authority or Company
State: Central
Year: 1885
When a statement under section 3 has been made regarding any land, and the land has been acquired by the Government, and has been transferred to, or has vested, by operation of law, in a local authority or Company, then sections 4 to 13 , both inclusive, shall be read as if for the words " the appropriate Government", wherever they ocure in those sections [Ins. by Devolution Act, 1920 ( 38 of 1920).] [expect in section 5, sub-section (5), and section 8, ] the words "the local authority or Company, as the case may be, which has acquired the land ," were substituted.
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 148
Title: Issue of Notice Where Income Has Escaped Assessment
State: Central
Year: 1961
.....on the 30th day of September, 2005 in response to a notice served under this section, and (b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to subsection (2) of section 143, as it stood immediately before the amendment of said sub-section by the Finance Act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, reassessment or re-computation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice: Provided further that in a case-- (a) where a return has been furnished during the period commencing on the 1st day of October, 1991 and ending on the 30th day of September, 2005, in response to a notice served under this section, and (b) subsequently a notice has been served under clause (ii) of sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to clause (ii) of sub-section (2) of section 143, but before the expiry of the time limit for making the assessment, re-assessment or re-computation as specified in sub-section (2) of section 153, every.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 358
Title: Refund when Legacy Has Become Due on Performance of Condition Within Further Time Allowed Under Section 137
State: Central
Year: 1925
When the time prescribed by the Will for the performance of a condition has elapsed, without the condition having been performed, and the executor or administrator has thereupon, without fraud, distributed the assets; in such case, if further time has been allowed under section 137 for the performance of the condition, and the condition has been performed accordingly, the legacy cannot be claimed from the executor or administrator, but those to whom he has paid it are liable to refund the amount.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 443
Title: Power to Detain Foreign Ship That Has Occasioned Damage
State: Central
Year: 1958
.....him to detain the ship until such time as the owner, master or consignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the High Court to pay all costs and damages that may be awarded in any legal proceedings that may be instituted in respect of the damage, and any officer to whom the orders directed shall detain the ship accordingly. (2) Whenever it appears that before an application can be made under this section, the ship in respect of which the application is to be made will have departed from India of the territorial waters of India, any proper officer may detain the ship for such time as to allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention unless the same is proved to have been made without reasonable grounds. (3) In any legal proceedings in relation to any such damage aforesaid, the person giving security shall be made a defendant and shall for the purpose of such proceeding be deemed to be the owner of the ship that has occasioned the damage.
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Section 75
Title: Action Taken in Respect of Mentally Ill Person to Be Set Aside if District Court Finds That His Mental Illness Has Ceased
State: Central
Year: 1987
(1) Where the District Court has reason to believe that any person who was found to be mentally ill after inquisition under this Chapter has ceased to be mentally ill, it may direct any court subordinate to it to inquire whether such person has ceased to be mentally ill. (2) An inquiry under sub-section (1) shall, so far as may be conducted in thesame manner as an inquisition conducted under this Chapter. (3) If after an inquiry under mis section, it is found that the mental illness of a person has ceased, the District Court shall order all actions taken in respect of the mentally ill person under this Act to be set aside on such terms and conditions as that Court thinks fit to impose.
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