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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
.....of their publication in the Official Gazette. Regulation 2 Definitions .-(1) In these regulations, unless the context otherwise requires- (a) "Act" means the Insurance Act, 1938 (4 of 1938); (b) "Authority" means the Insurance Regulatory and Development Authority established under sub-section (1) of S.3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (c) All words and expressions used herein and not defined but defined in the Insurance Act, 1938 (4 of 1938), or in the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), or in the Companies Act, 1956 (1 of 1956) shall have the meanings respectively assigned to them in those Acts. Regulation 3 Preparation of financial statements, management report and auditor's report (1) An insurer carrying on life insurance business, after the commencement of these Regulations, shall comply with the requirements of Schedule A. (2) An insurer carrying on general insurance business, after the commencement of these regulations, shall comply with the requirements of Schedule B : Provided that this sub-regulation shall apply, mutatis mutandis, to re-insurers, until separate regulations are.....
List Judgments citing this sectionGeneva Conventions Act, 1960 Complete Act
State: Central
Year: 1960
.....(d) procedural matters relating to legal representation, appeals, etc. 3. The existing law on the subject is to be found in the Geneva Convention Act, 1911 (an Act of the United Kingdom) as applied to India by the Gevena Convention Act, 1911 (British India) Order-in-Council dated the 24th October, 1916, and the Geneva Convention Implementing Act, 1936 (14 of 1936). The provisions of these Acts, however, are confined to extending protection to the two emblems, namely, the Red Cross and the Geneva Cross. 4. The Bill seeks to implement the Conventions in so far as it is necessary so to do and, at the same time, consolidates the law on the subject by repealing the United Kingdom Act of 1911andthe Central Act 14 of 1936and incorporating their provisions in the Bill." - Gaz. of Ind., 1959, Extra. Pt. II, S. 2, p. 1098. An Act to enable effect to be given to certain International Conventions done at Geneva on the twelfth day of August, 1949, to which India is a party, and for purposes connected therewith. Be it enacted by Parliament in the Eleventh Year of the Republic of India as follows :- -Geneva Conventions of 12th August, 1949, were ratified by the President on the 16th October,.....
List Judgments citing this sectionPersons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act
State: Central
Year: 1995
.....in the Forty-sixth Year of the Republic of India as follows :- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date3 (a) [a] 7-2-1996-See Gax. of Ind.. 7-9-1996. Pt. II, S. 3(i), Ext., p. 1 (No. 84). as the Central Government may, by notification, appoint. SECTION 2 : Definitions In this Act, unless the context otherwise requires.- (a) "appropriate Government" means,- (i) in relation to the Central Government or any establishment wholly or substantially financed by that Government, or a Cantonment Board constituted under the Cantonment Act, 1924 the Central Government: (ii) in relation to a State Government or any establishment wholly or substantially financed by that Government, or any local authority, other than a Cantonment Board, the State Government: (iii) in respect of the Central Co-ordination Committee and the Central Executive Committee, the Central Government: (iv) in respect of the State.....
List Judgments citing this sectionThe Persons with Disabilities Act, 1995 Complete Act
State: Meghalaya
Year: 1995
..... 17. The State Coordination Committee shall meet at least once in every six months and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. 18. (1) Subject to the provisions of this Act, the function of the State Coordination Committee shall be to serve as the state focal point on disability matters and facilitate the continuous evolution of a comprehensive policy towards solving the problems faced by persons with disabilities. (2) In particular and without prejudice to the generality of the foregoing function the State Coordination Committee may, within the State perform all or any of the following functions, namely.- (a) Review and coordinate the activities of all the Departments of Government and other Governmental and non-Govemmental Organizations which are dealing with matters relating to persons with disabilities., (b) Develop a State policy to address issues faced by persons with disabilities; (c) Advise the State Government on the formulation of policies. Programmes, legislation and projects with respect to disability; (d) Review, in consultation with the donor agencies, their funding from the.....
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
.....liable for any nuclear damage where such damage is caused by a nuclear incident directly due to- (i) a grave natural disaster of an exceptional character; or (ii) an act of armed conflict, hostility, civil war, insurrection or terrorism. (2) An operator shall not be liable for any nuclear damage caused to-(i) the nuclear installation itself and any other nuclear installation including a nuclear installation under construction, on the site where such installation is located; and (ii) to any property on the same site which is used or to be used in connection with any such installation; or(iii) to the means of transport upon which the nuclear material involved was carried at the time of nuclear incident: Provided that any compensation liable to be paid by an operator for a nuclear damage shall not have the effect of reducing the amount of his liability in respect of any other claim for damage under any other law for the time being in force.(3) Where any nuclear damage is suffered by a person on account of his own negligence or from his own acts of commission or omission, the operator shall not be liable to such person. 6. Limits of liability. - (1) The maximum amount of liability.....
List Judgments citing this sectionThe Protection of Children from Sexual Offences Act, 2012 Complete Act
State: Central
Year: 2012
.....over another person, for the purpose of any offence under this Act, is said to aid the doing of that act. 17. Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that offence. Explanation. " An act or offence is said to be committed in consequence of abatement, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment. 18. Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both. CHAPTER V PROCEDURE FOR REPORTING OF CASES 19. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any person (including the child), who has apprehension that an offence under this Act is likely to.....
List Judgments citing this sectionThe Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Complete Act
State: Kerala
Year: 1995
.....OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995 No.1 OF 1996 [1stJanuary,1996] An Act to give effect to the Proclamation on the Full Participation and Equality of the people with Disabilities in the Asian and Pacific Region. WHEREAS the Meeting to Launch the Asian and Pacific Decade of Disabled Persons 1993-----2002 convened by the Economic and Social Commission for Asia and Pacific held at Beijing on 1st to 5th December, 1992, adopted the Proclamation on the Full participation and Equality of people with Disabilities in the Asian and Pacific Region; AND WHEREAS India is a signatory to the said Proclamation; AND WHEREAS it is considered necessary to implement to Proclamation aforesaid. BE it enacted by Parliament in the Forty-sixth Year of the Republic of India as follows:--- CHAPTER 1 PRELIMINARY 1. Short title. Extent and commencement.- (1) This Act may be called the Persons With Disabilities (Equal Opportunities. Protection of Rights and Full Participation) Act, 1995. (2) It extends to the whole of India except the State of Jammu and Kashmir. .....
List Judgments citing this sectionThe Tripura Scheduled Castes & Scheduled Tribes Reservation Act, 1991 Complete Act
State: Tripura
Year: 1991
.....Clause(24) and Clause (25) of Article 366 of the Constitution of India ;] Inserted by the 2nd Amendment Act, 2005 ( )Omitted by the 2nd Amendment Act, 2005 3. Act not to apply in relation to certain establishment. This act shall not apply in relation to " (a) any employment under the Central Government ; (b) any employment in domestic service. 4. Reservation for Scheduled Castes and Scheduled Tribes [in services and posts under the State] Substituted for "in vacancies" by the 2nd Amendment Act, 2005 to be filled up by direct recruitment. [(1) Reservation for the Scheduled Castes and the Scheduled Tribes in any vacancy or vacancies in services or posts in an establishment which are to be filled up by direct recruitment] Substituted by the 2nd Amendment Act, 2005 shall be regulated in the following manner, namely " [(a) There shall be seventeen percent reservation for the Scheduled Castes and thirty one percent reservation for the Scheduled Tribes in the manner as set out in the schedule;] Substituted by the 2nd Amendment Act, 2005 [Provided that the State Government may from time to time review the implementation of the reservation policy and take adequate.....
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