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Start Free TrialIndian Contract Act, 1872 Section 139
Title: Discharge of Surety by Creditors Act or Omission Impairing Suretys Eventual Remedy
State: Central
Year: 1872
.....to the surety requires him to do, and the eventual remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged. Illustrations (a) B contracts to build a ship for C for a given sum, to be paid by instalments as the work reaches certain stages. A becomes surety to C for B's due performance of the contract. C, without the knowledge of A, prepays to B the last two instalments. A is discharged by this prepayment. (b) C lends money to B on the security of a joint and several promissory note made in C's favour by B, and by A as surety for B, together with a bill of sale of B's furniture, which gives power to C to sell the furniture, and apply the proceeds in discharge of the note. Subsequently, C sells the furniture, but, owing to his misconduct and wilful negligence, only a small price is realized. A is discharged from liability on the note. (c) A puts M as apprentice to B, and gives a guarantee to B for M's fidelity. B promises on his part that he will at least once a month, see M make up the cash. B omits to see this done as promised, and M embezzles. A is not liable to B of his guarantee.
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 17
Title: Negotiation of Warehouse Receipt Not Impaired by Fraud, Mistake Orduress
State: Central
Year: 2007
The validity of the negotiation of a receipt is not impaired by the fact that-- (a) the negotiation was a breach of duty on the part of the person making the negotiation; or (b) the owner of the receipt was induced by fraud, mistake or duress to entrust the possession or custody of the receipt to that person, if the person to whom the receipt was negotiated or a person to whom the receipt was subsequently negotiated, paid value for it without knowing of the breach of duty, fraud, mistake or duress.
View Complete Act List Judgments citing this sectionINSURANCE REGULATORY AND DEVELOPMENT AUTHORITY (PREPARATION OF FINANCIAL STATEMENTS AND AUDITOR'S REPORT OF INSURANCE COMPANIES)REGULATIONS, 2000 Complete Act
State: Central
Year: 2000
.....over the period of insurance because of the very nature of the risk covered e.g. some infrastructure projects involving varying degrees of risk factor. A deposit premium is paid in such cases at the beginning of the policy period and subsequently adjusted. The basis of determination of premium earned shall be adequately justified, preferably supported by external evidence such as by certification from an actuary and/or other technical experts. Adequate disclosure of such basis shall be made. 3. Premium deficiency.-Premium deficiency shall be recognised if the sum of expected claim costs, related expenses and maintenance costs exceed related unearned premiums. For contracts exceeding four years, once a premium deficiency has occurred, future changes to the liability shall be based on actuarial/technical evaluation. 4. Acquisition costs.-Acquisition costs, if any, shall be expensed in the period in which they are incurred. Acquisition costs are those costs that vary with, and are primarily related to, the acquisition of new and renewal insurance contracts. The most essential test is the obligatory relationship between costs and the execution of insurance contracts (i.e......
List Judgments citing this sectionGeneva Conventions Act, 1960 Complete Act
State: Central
Year: 1960
.....power to sentence him to death or to imprisonment for a term of two years or more, shall not proceed with the trial until it is proved to the satisfaction of the Court that a notice containing the particulars mentioned in the next following sub-section, so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power (if there is a protecting power) and, if the accused is a protected prisoner of war, on the accused and the prisoners' representative. (2) The particulars referred to in the foregoing sub-section are - (a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is protected prisoner of war, his rank and arm, regimental, personal or serial number; (b) his place of detention, internment or residence; (c) the offence with which he is charged- and (d) the Court before which the trial is to take place and the time and place appointed for the trial. (3) For the purposes of this section a document purporting - (a) to be signed on behalf of the protecting power or by the prisoners representative or by the person accused, as the case may.....
List Judgments citing this sectionPersons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act
State: Central
Year: 1995
..... (c) setting up of special recreation centres; (d) establishment of special schools; (e) establishment of research centres; (f) establishment of factories by entrepreneurs with disabilities. CHAPTER 8 : NON-DISCRIMINATION SECTION 44 : Non-discrimination in transport Establishments n the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to- (a) adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons; (b) adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently. SECTION 45 : Non-discrimination on the road The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development, provide for- (a) installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap; (b) causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users; (c) engraving on the surface of the zebra crossing for the blind or for.....
List Judgments citing this sectionThe Persons with Disabilities Act, 1995 Complete Act
State: Meghalaya
Year: 1995
.....Setting up of special recreation centers; (d) Establishment of special schools; (e) Establishment of research centers; (f) Establishment of factories by entrepreneurs with disabilities CHAPTER VIII : NON-DISCRIMINATION 44. Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to- (a) Adapt rail compartments, buses. Vessels and aircrafts in such a way as to permit easy access to such persons; (b) Adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently. 45. The appropriate Governments and the local authorities shall, within the limits of their economic capacity and development. Provide for- (a) Installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap; (b) Causing curb cuts and slopes to be made in pavements for the easy access of wheel chair users; (c) Engraving on the surface of the zebra crossing for the blind or for persons with low vision; (d) Engraving on the edges of railway.....
List Judgments citing this sectionThe Civil Liability for Nuclear Damage Act, 2010no. 38 of 2010[21st September, 2010.] Complete Act
Title: The Civil Liability for Nuclear Damage Act, 2010no. 38 of 2010[21st September, 2010.]
Year: 2010
.....the Central Government or the person, officer or authority in respect of anything done by it or him in good faith in pursuance of this Act or of any rule or order made, or direction issued, thereunder. 48. Power to make rules. - (1) The Central Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers such rules may provide for - (a) the other financial security and the manner thereof under sub-section (1) of section 8;(b) the salary and allowances payable to and the other terms and conditions of service of Claims Commissioner under section 11; (c) the procedure to be followed by Claims Commissioner under sub-section (1) of section 12; (d) the person to be associated by Claims Commissioner and the manner thereof, under sub-section (2) of section 12; (e) the remuneration, fee or allowances of associated person under sub-section (3) of section 12; (f) any other matter under clause (f) of sub-section (4) of section 12; (g) the form of application, the particulars it shall contain and the documents it shall accompany, under sub-section (1) of section 15;(h) the salary and.....
List Judgments citing this sectionThe Protection of Children from Sexual Offences Act, 2012 Complete Act
State: Central
Year: 2012
.....for pornographic purposes or gives gratification therefore. Explanation. " Any question which involves "sexual intent" shall be a question of fact. 12. Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extent to three years and shall also be liable to fine. CHAPTER III USING CHILD FOR PORNOGRAPHIC PURPOSES AND PUNISHMENT THEREFOR 13. Whoever, uses a child in any form of media (including programme or advertisement telecast by television channels or internet or any other electronic form or printed form, whether or not such programme or advertisement is intended for personal use or for distribution), for the purposes of sexual gratification, which includes " (a) representation of the sexual organs of a child; (b) usage of a child engaged in real or simulated sexual acts (with or without penetration): (c) the indecent or obscene representation of a child, Shall be guilty of the offence of using a child for pornographic purposes. Explanation " For the purposes of this section, the expression "use a child" shall include involving a child through any medium like print, electronic,.....
List Judgments citing this sectionThe Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act
State: Kerala
Year: 1995
.....setting up of special recreation centres; (d) establishment of special schools; (e) establishment of research centres; (f) establishment of factories by entrepreneurs with disabilities. CHAPTER VIII NON-DISCRIMINATION 44. Non-discrimination in transport.- Establishments in the transport sector shall, within the limits of their economic capacity and development for the benefit of persons with disabilities, take special measures to- (a) adapt rail compartments, buses, vessels and aircrafts in such a way as to permit easy access to such persons; (b) adapt toilets in rail compartments, vessels, aircrafts and waiting rooms in such a way as to permit the wheel chair users to use them conveniently. 45. Non-discrimination on the road.- The appropriate Governments and the local authorities shall, within the limits of their economy capacity and development, provide for- (a) installation of auditory signals at red lights in the public roads for the benefit of persons with visually handicap; (b) causing curb cuts and slopes to be made in pavements for the easy access of wheel chairs users; (c) engraving on the surface of the zebra crossing for the blind or for.....
List Judgments citing this sectionThe Tripura Scheduled Castes & Scheduled Tribes Reservation Act, 1991 Complete Act
State: Tripura
Year: 1991
.....Tribes who is adversely affected on account of non-compliance with any provision of this Act or the rules made there-under may directly bring the fact to the notice of the State Government by an application and on such application being made by him the State Government or an authority empowered by the State Government may call for such records and take such decision thereon as it may deem fit;] Inserted by the 2nd Amendment Act, 2005 [(6) The State Government, of its own may, at any time, call for any record or records maintained under the provisions of this Act or the rules made there- under, review any order or decision and pass such order or orders or take such decision, not inconsistent with the provisions of this Act and the rules made there-under, as it may deem fit; (7) Any order or orders passed or decision taken under Sub-Section(5) and (6) shall be final and binding on all concerned] Inserted by the 2nd Amendment Act, 2005. [8. Offences and Penalties: (1) (a) If an appointing authority makes any appointment in contravention of the provisions of Section 4 of the Act or the rules made there-under, he shall, on conviction, be punishable with simple imprisonment.....
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