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Bombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Complete Act

Title: the Bombay High Court Letters Patents (Amendment) Act, 1948

State: Maharashtra

Year: 1948

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

Bombay Land Requisition Act, 1948, (Maharashtra) Section 6

Title: Requisition of Vacant Premises

State: Maharashtra

Year: 1948

.....consideration.- M/s. Shah & Co., Bombay v. The State of Maharashtra, AIR 1967 SC 1877 : 1968 Mah. L.J. 395 : 1968 Bom. L.R. 119. Requisition order.- Under section 6(4)(a) it is necessary that the requisition order should be made for the purpose of the State or for other public purpose and if the order does not do so, it is bad.- State v. Mohanlal Kapur, AIR 1952 Bom. 404 : 53 Bom. L.R. 669. Requisitioning premises for housing a member of the staff of a foreign Consulate.- Legislative competence of the State Legislature is restricted to passing a Requisition Act only for the purposes of the State. The State Government cannot requisition property for a purpose which is not a purpose of the State.- Ali Gulshan v. State, AIR 1953 Bom. 337 : 55 Bom. L.R. 308. Requisition of flat.- Government cannot continue requisition for indefinate period.- H. D. Vora v. State of Maharashtra, 1984 (2) Bom. C.R. 239 : 1984 Mah. L.R. 418. Purpose of requisition.- Land must be used for purpose for which it was requisitioned. If requisition is not for public purpose then landlord can challenge the question of public purpose.- State of Maharashtra v. Ibrahim, 1979 Mah. L.J. 486. .....

Factories Act, 1948 Complete Act

State: Central

Year: 1948

FACTORIES ACT, 1948 FACTORIES ACT, 1948 63 of 1948 An Act to consolidate and amend the law regulating labour in factories. WHEREAS it is expedient to consolidate and amend the law regulating labour in factories; It is hereby enacted as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Factories Act, 1948. 1[(2) It extends to the whole of India 2[***]]. (3) It shall come into force on the 1st day of April, 1949. SECTION 02: INTERPRETATION In this Act, unless there is anything repugnant in the subject or context,- (a) "adult" means a person who has completed his eighteenth year of age; (b) "adolescent" means a person who has completed his fifteen year of age but has not completed his eighteenth year; 3[( bb) "calendar year" means the period of twelve months beginning with the first day of January in any year;] (c) "child" means a person who has not completed his fifteenth year of age; 4[(ca)"competent person", in relation to any provision of this Act, means a person or an institution recognised as such by the Chief Inspector for the purposes of carrying out tests, examinations and inspections required to be done in a factory under.....

EMPLOYEES' STATE INSURANCE ACT, 1948 Complete Act

State: Central

Year: 1948

.....to be overned by this Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power.] SECTION 02: DEFINITIONS In this Act, unless there is anything repugnant in the subject or con- text- (1) "appropriate Government" means, in respect of establishment under the control of the Central Government or9[a railway administration] or a major port or a mine or oilfield, the Central Government, and in all other cases, the [State] Government; (2)11[***] (3) "confinement" means labour resulting in the issue of a living child, or labour after twenty six weeks of pregnancy resulting in the issue of a child whether alive or dead; (4) "contribution" means the sum of money payable to the Corporation by the principal employer in respect of an employee and includes any amount payable by or on behalf of the employee in accordance with the provisions of this Act; (5)12[***] (6) "Corporation" means the Employees State Insurance Corporation set up under this Act ; 13[(6A) "dependant" means any of the following relatives of a deceased insured person,.....

Dominion Act, 1948 Complete Act

State: Central

Year: 1948

.....therewith. WHEREAS it is expedient to provide for the development and control of atomic energy and for purposes connected therewith; It is hereby enacted as follows:- SECTION 01: SHORT TITLE AND EXTENT (1)This may be called the Atomic Energy Act, 1948. (2) It extends to all the Provinces of India. SECTION 02: DECLARATION AS TO EXPEDIENCY OF CENTRAL GOVERNMENT'S CONTROL -It is hereby declared that it is expedient in the public interest that the Central Government should take under its control the development of- (a) any industry connected with the production or use of atomic energy, and (b) any mineral which is or may be used for the production or use of atomic energy or research into matters connected therewith. SECTION 03: DEFINITIONS -In this Act, unless there is anything repugnant in the subject or context,- (a) "atomic energy" means the energy released from atomic nuclei as a resalt of any process, including the fission process, but does not include energy released in any process of natural transmutation or radio-active decay which is not accelerated or influenced by external means; (b) "minerals" includes all substances obtained or obtainable from the soil by underground.....

Dentists Act, 1948 Complete Act

State: Central

Year: 1948

.....effectively. The Bill seeks to achieve the above objects S.O.R. Gaz., of India. 1-6-72. Pt. II.S.2. Ext. P. 598. ACT 30 of 1993 : - The Dentists Act, 1948 was enacted with the object of regulating the profession of dentistry and for that purpose to constitute Dental Councils. 2. The experience of the working of the Act has brought to light certain inadequacies. One of the most noticeable inadequacies has been the mushrooming of the dental colleges without adequate academic and training facilities as laid down in the regulations of the Dental Council of India. At present, the law does not require any one to seek the prior permission of Dental Council of India before establishing a new dental college or for adding a new course of study or post- graduate course or for increasing the capacity of 'students in any existing college, taking advantage of these legal lacumae dental colleges were being established after obtaining the permission of the State Government and affiliation from the University concerned. After the students had put in two or three years of study, such colleges were approaching the Dental Council of India for recognition. The Dental Council of India is not in a.....

Bombay Land Requisition Act, 1948, (Maharashtra) Section 9

Title: Release from Requisition

State: Maharashtra

Year: 1948

.....for a period longer than 5 years. The Government of India has accordingly amended the Requisitioning and Acquisition of Immovable Property Act, 1952, by Act I of 1970 and Act I of 1973. The State Government had decided to amend the Bombay Land Requisition Act, 1948, on the lines of the Amendment Acts passed by the Government of India, i.e., to have permanent statutory powers of requisitioning of property for various public purposes whenever occasion arise with the safeguard that the property shall be continued under requisition after the commencement of the legislation for more than 5 years.- vide Statement of Objects and Reasons. Deterioration.- The expression "deterioration" in section 9(2) (a) is not used as distinct from "damage"; it merely means "impairment in value". Such deterioration may, subject to the stated exceptions, be from natural causes as well as from human agencies, except where damage is done internationally or maliciously.- State v. Mishrilal Onkardas Joshi, ILR 1952 Bom. 771. Release from requisition.- If the premises are not used for any public purpose then the Government is under obligation to release the premises from requisition.- Rangubai.....

Bombay Land Requisition Act, 1948, (Maharashtra) Section 8

Title: Payment of Compensation

State: Maharashtra

Year: 1948

.....of compensation as he deems just having regard to all the circumstances of the case; and in particular he shall be guided by the provisions of sub section (1) of section 23 and section 24 of the Land Acquisition Act, 1894 3[(as in force in the 4[Bombay area of the State of Maharashtra)] in so far as they can be made applicable. (2) Where there are several persons interested in the land, the officer shall decide the dispute, if any, as to the apportionment of the amount of compensation or any part thereof or as to the persons to whom the same or any part thereof is payable. (3) An appeal shall lie against the decision of the officer under sub-section (1) or (2), except in cases where the total amount of compensation in respect of the land does not exceed an amount prescribed in this behalf by the 2[State] Government - (a) in Greater Bombay, to the High Court, and (b) elsewhere, to the District Court. Such appeal shall be made within a period of sixty days from the date of the decision. 5[Explanation :- For the purposes of this section, the total amount of compensation shall mean in cases where the amount of compensation is paid in a lumpsum, such sum, and in cases.....

Bombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Section 3

Title: Amendment of Letters Patent of 28th December, 1865

State: Maharashtra

Year: 1948

(1) In the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One thousand Eight hundred and Sixty-five - (1) in clause 12, for the words "in which the debt, or damage, or value of property sued for does not exceed one hundred rupees" the words "or the Bombay City Civil Court" shall be substituted; (2) in clause 22 - (a) the words "within the local limits of its ordinary original civil jurisdiction, and also" shall be deleted; (b) for the words "such limits" the local limits of its ordinary original civil jurisdiction" shall be substituted. (2) For the avoidance of doubt, it is hereby declared that the amendments made by clause (2) of sub-section (1) shall not be deemed to affect any of the powers of the High Court under the provisions, for the time being in force, of the Code of Criminal Procedure, 1898.

Junagadh Administratlon (Property) Act, 1948 Complete Act

State: Central

Year: 1948

.....may be submitted to the Central Government, whose decision in the matter shall be final. Section 7 Protection of action taken under this Act Section No suit, prosecution or other legal proceeding shall lie against the Central Government, the Reserve Bank of India, any bank or company named in Parts I and III of the Schedule or any person for anything which is in good faith done or intended to be done in pursuance of any of the provisions of this Act. Section 8 Power of the Central Government to add to the schedule Section The Central Government may from time to time add to the items of property included in the Schedule by notification in the Official Gazette and on such notification such property shall be deemed to have been always included in the Schedule. Section 9 Power of the Central Government to add to the schedule Section Repeal of Ordinance No.30 of 1947 (1) The Junagadh Administration (Property) Ordinance, 1947, is hereby repealed. (2) Anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall, so far as it is not inconsistent with this Act, be deemed to have been done or taken in exercise of the powers.....