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Home Bare Acts Phrase: incapacityJudges (Inquiry) Act, 1968 Section 3
Title: Investigation into Misbehaviour or Incapacity of Judge by Committee
State: Central
Year: 1968
.....to render the Judge unfit to continue in office. (7) If the Judge refuses to undergo medical examination considered necessary by the Medical Board, the Board shall submit a report to the Committee stating therein the examination which the Judge has refused to undergo, and the Committee may, on receipt of such report, presume that the Judge suffers from such physical or mental incapacity as is alleged in the motion referred to in sub-section (1). (8) The Committee may, after considering the written Statement of the Judge and the medical report, if any, amend the charges framed under sub-section (3) and in such a case, the Judge shall be given a reasonable opportunity of presenting a fresh written Statement of defence. (9) The Central Government may, if required by the Speaker or the Chairman, or both, as the case may be, appoint an advocate to conduct the case against the Judge.
View Complete Act List Judgments citing this sectionAll India Services Act, 1951 Complete Act
State: Central
Year: 1951
.....309, the Government of India is now compelled to deal with many of these matters by means of non-statutory executive orders. This is neither satisfactory nor quite justifiable. 2. Before the commencement of the Constitution, the Government of India issued the Indian Civil Administrative Cadre Rules and the Indian Police Service Cadre Rules. Although these Rules, in so far as they are not inconsistent with the Constitution, are continued in force by Article 313of the Constitution, they authorise the regulation of only such items relating to the conditions of service as had already been settled. Emergency recruitment to these services to fill the gaps left by the departure of the British element in the I.C.S. and the Indian Police was still in progress at that time. Many matters relating to the conditions of service of such officers were only decided after the Constitution had come into force. Other very important matters such as the fixation of retirement benefits have yet to be settled. Arrangements have also been completed recently to extend the Indian Administrative Service and the Indian Police Service schemes to the Part B States. 3. It is necessary that Parliament should.....
List Judgments citing this sectionAdministrative Tribunals Act, 1985 Complete Act
State: Central
Year: 1985
.....by name and designation.; (b) provision of the Act invoked and the nature of the contempt, "Civil or "Criminal": (c) the grounds and material facts constituting the alleged contempt including the date of alleged contempt, divided into paragraphs, numbered consecutively, along with supporting documents or certified/Photostat (at- tested) copies of the originals thereof ; (d] the nature of the order sought from the Tribunal : (e) if a petition has previously been made by him on the same facts, the details, particulars and the result thereof ; (f) the petition shall be supported by an affidavit verifying the facts relied upon except when the motion is by the Attorney-General or the Solicitor-General or the Additional Solicitor-General : (g) every petition shall be signed by the petitioner and his Advocate. if any, and shall show the place and date : (h) draft charges shall be enclosed in a separate sheet ; (i) in the case of "civil contempt" certified copy of the judgment, decree. order, writ or undertaking alleged to have been disobeyed shall be filed along with the petition : (j) where the petitioner relies upon any other document(s) in his pos- session, or power, he.....
List Judgments citing this sectionJudges (Inquiry) Act, 1968 Complete Act
State: Central
Year: 1968
JUDGES (INQUIRY) ACT, 1968 JUDGES (INQUIRY) ACT, 1968 An Act to regulate the procedure for the investigation and proof of the misbehavior or incapacity of a Judge of the Supreme Court or of a High Court and for the presentation of an address by Parliament to the President and for matters connected therewith. Be it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called The Judges (Inquiry) Act, 1968. (2) It shall come into forefront such date2as the Central Government may, by notification in the Official Gazette, appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "Chairman" means the Chairman of the Council of States; (b) "Committee" means a Committee constituted under section 3; (c) "Judge" means a Judge of the Supreme Court or of a High Court and includes the Chief Justice of India and the Chief Justice of a High Court; (d) "prescribed" means prescribed by rules made under this Act; (e) "Speaker" means the Speaker of the House of the People. SECTION 03: INVESTIGATION INTO MISBEHAVIOR OR INCAPACITY OF JUDGE BY COMMITTEE (1) If notice is.....
List Judgments citing this sectionThe Mumbai Municipal Corporation Act 1888 Complete Act
State: Central
Year: 1888
.....street]; (y) "private street" means a street which is not a public street; 35 [(yy) "trade refuse" means and includes the refuse of any trade, manufacture or business]; (z) "nuisance" includes any act, omission, place, or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smelling or hearing, or which is or may be dangerous to life or injurious to health or property; (aa) "dangerous disease" means cholera and any endemic, epidemic, or infectious disease by which the life of man is endangered; (bb) "official year:' means the year commencing on the first day of April; (cc) "public holiday" means a day or other period of time on or during which by an order of 37 [the 38 [State Government] published in the 39 [Official Gazette] Government offices in the city are closed; (dd) "sub-section" and "clause" denote, respectively, a sub-section or clause of the section in which the word occurs; 40 [(ee) "bakehouse" means any place in which are baked bread, biscuits or confectionery, from the baking or selling of which a profit is derived; (ff) "eating-house" means any premises to which the Public are admitted and where any kind of food is.....
List Judgments citing this sectionCompanies Act, 1956 Complete Act
State: Central
Year: 1956
.....the same activity as that carried on by the head office of the company; or (c) any establishment engaged in any production, processing or manufacture, but does not include any establishment specified in any order made by the Central Government under (section 8);] (10) "company" means a company as defined in (section 3); [(10A) "Company Law Board" means the Board of Company Law Administration constituted under (section 10E);] [(11) "the Court" means,- (a) with respect to any matter relating to a company (other than any offence against this Act), the Court having jurisdiction under this Act with respect to that matter relating to that company, as provided in (section 10) ; (b) with respect to any offence against this Act, the Court of a Magistrate of the First Class or, as the case may be, a Presidency Magistrate, having jurisdiction to try such offence ;] (12) "debenture" includes debenture stock, bonds and any other securities of a company, whether constituting a charge on the assets of the company or not; [(12A) "depository" has the same meaning as in the (Depositories Act, 1996) (22 of 1996); (12B) "derivative" has the same meaning as in clause (aa) of (S.2.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Assam
Year: 1973
.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other.....
List Judgments citing this sectionArbitration and Conciliation Act, 1996 Complete Act
State: Central
Year: 1996
.....to determine that issue. (7) An arbitral award made under this Part shall be considered as a domestic award. (8) Where this Part- (a) refers to the fact that the parties have agreed or that they may agree, or (b) in any other way refers to an agreement of the parties, that agreement shall include any arbitration rules referred to in that agreement. (9) Where this Part, other than clause (a) of section 25 or clause (a) of sub-section (2) of section 32, refers to a claim, it shall also apply to a counter-claim, and where it refers to a defence, it shall also apply to a defence to that counter-claim. SECTION 03: RECEIPT OF WRITTEN COMMUNICATIONS (1) Unless otherwise agreed by the parties- (a) any written communication is deemed to have been received if it is delivered to the addressee personally or at his place of business, habitual a residence or mailing address, and (b) if none of the places referred to in clause (a) can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence or mailing address by registered letter or by any other means which provides a.....
List Judgments citing this sectionCode of Criminal Procedure, 1973 Complete Act
State: Central
Year: 1973
.....officer shall inform the arrested person of his rights under sub-section (1) as soon as he is brought to the police station. (3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.] * Inserted by the Code of Criminal Procedure (Amendment) Act, 2005, S. 7. SECTION 51: SEARCH OF ARRESTED PERSON .- (1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail, and whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Himachal
Year: 1973
.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably for that purpose. (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner. Explanation.-In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 ( 102 of 1956) and whose name has been entered in a State Medical Register. 54. Examination of arrested person by medical practitioner at the request of the arrested person. 54. Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will.....
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