Bare Act Search Results

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....

Shipping Development Fund Committee (Abolition) Act, 1986 Complete Act

State: Central

Year: 1986

.....mortgaged or pledged to the Committee as security for financial assistance is not insured or kept insured by the ship owner to the satisfaction of the Central Government, or if such property has depreciated in value to such an extent that, in the opinion of the Central Government, further security to the satisfaction of the Central Government should be given and such security is not given; or (f) without the permission of the Central Government any ship, machinery, plant or other property, whether forming part of the security or otherwise, is removed by such ship owner without being replaced; or (g) for any other reason, it is necessary so to do to protect the interests of the Central Government. Explanation.-For the purposes of this Act, "financial assistance" shall include any loan, advance or monetary assistance including any guarantee or counter-guarantee given to the ship owner by the Committee at any time before the appointed day. SECTION 09: APPOINTMENT OF RECEIVER WITHPUT INTERVENTION OF COURT (1) Where the Central Government issues a notice under section 8-and the ship owner fails to comply with such notice, the Central Government may, notwithstanding.....

Bombay General Clauses Act, 1904, (Maharashtra) Section 14

Title: Powers Conferred on Any Government to Be Exercisable from Time to Time

State: Maharashtra

Year: 1904

Where, by any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act any power is conferred on 2[any Government], then that power may be exercised from time to time as occasion requires. NOTES May be exercised from time to time.-It is not correct to suggest that in the absence of the words 'from time to time' in section 6(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, the power of the State Government is exhausted under section 6(2) as soon as it issues a notification lowering the rate of the maximum rent payable by the tenants under section 6(1). It has power more than once.- Chimanlal v. State, AIR 1954 Bom. 397. The section confers any power on the State Government and unless a different intention appears, the power has to be exercised from time to time. Indeed, the section speaks of the power conferred on Government but this principle is of general application and the Court does not see why the principle should not apply to a person who is authorised to act under the Statute.- Dhondba v. Civil Judge, 1966 Mah. L. J. 869. ___________________________ 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent.....

Air Corporations Act, 1953 Complete Act

State: Central

Year: 1953

.....assemble or recondition aircraft, vehicles or other machines and parts, accessories and instruments thereof or therefore and also to manufacture such parts, accessories and instruments, whether the aircraft, vehicles or other machines are owned by the Corporation or by any other person; (f) to enter into and perform all such contracts as are calculated to further the efficient performance of its duties and the exercise of its powers under this Act; (g) to perform any functions as agent or contractor in relation to an air transport service operated by any other person; (h) with the previous approval of the Central Government, to enter into agreements with any person engaged in air transportation with a view to enabling such person to provide air transport services on behalf of or in association with the Corporation; (i) with the previous approval of the Central Government, to determine and levy fares and freight rates and other charges for or in respect of the carriage of passengers and goods on air transport services operated by it; 9[(ii) to make such grants as it thinks fit as contribution or donation, in furtherance of the interests of the Corporation, to any.....

All 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.....

Arya Marriage Validation Act, 1937 Complete Act

State: Central

Year: 1937

.....as introduced, (now appearing as Cl, 2). We have omitted the definition of Arya Samajists. We were impressed by the difficulty of finding a satisfactory definition, and we consider that the proposal in sub-clause (b) of Cl. 2 that a declaration subsequent to marriage should suffice to establish that the maker of the declaration was an Arya Samajist, was fraught with danger. We are of opinion that the purposes of the Bill will be adequately served if the question of the religious status of the parties to a marriage remains a question of fact to be determined by the circumstances of each case. We have recast clause (3) (now numbered Cl. 2) in a clearer and more comprehensive form. We recognize that some provision must be made to govern succession in respeet of the marriages dealt with by the Bill, but we found that considerable diversity of opinion existed as lo what that provision should be. We decided by a majority that the most suitable solution of the problem is to provide as we have done in clause 3 that questions of succession shall be determined according to the Indian Succession Act, '1925. The 5th August, 1936. N. N. SIRCAR. M. C. RAJAH. G. S. GUPTA. N, B. KHARE......

Carriers Act, 1865 Complete Act

State: Central

Year: 1865

.....was once supposed to be the exact position of a carrier who had contracted for himself as favourably as the law of England would permit. It was, in fact. long supposed in England that. while a carrier could by contract relieve himself from most of his liabilities, his power of doing so slopped short of liability for negligence or misconduct. Such is the view of the law taken by Mr.Justice Storey in his "Commentaries on the Law of Bailnients" section 549. and such is under stood to be still the law in America. But a series of decisions in the English Courts overturned the older doctrine, and it was settled that a carrier could, by a properly framed contract, deliver himself from liability even for misconduct or negligence. The liberty thus conceded was. however, found to be a practical evil and the English Legislature intervened by 17 and 18 Vic.. Cap 31. The nearly contemporaneous enactment of the Indian Legislature, embodied in Sec. XI of Act XVIII of 1854. is obviously aimed at the same object. It seems very undesirable to adopt the rule contained in section VII of 17 and 18 Vic. Cap. 31. which permits companies to contract themselves, on certain conditions, out of their.....

Indira Gandhi National Open University Act, 1985 Complete Act

State: Central

Year: 1985

.....and related matters; (xv) to create administrative, ministerial and other necessary posts and to make appointments thereto; (xvi) to receive benefactions, donations and gifts and to acquire, hold, maintain and dispose of any property movable or immovable, including trust and Government property, for the purposes of the University; (xvii) to borrow, with the approval of the Central Government, whether on the security of the property of the University or otherwise, money for the purposes of the University; (viii) to enter into, carry out, vary or cancel contracts; (xix) to demand and receive such fees and other charges as may be laid down by the Ordinances;. (xx) to provide, control and maintain discipline among the students and all categories of employees and to lay down the conditions of service of such employees, including their codes of conduct; (xxi) to recognise any institution of higher learning or studies for such purposes as the University may determine and to withdraw such recognition; (xxii) to appoint, either on contract or otherwise, visiting Professors, Emeritus Professors, Consultants, fellows, scholars, artists, course writers and such other persons who may......

Kazis Act, 1880 Complete Act

State: Central

Year: 1880

.....it was inexpedient that the appointment of the Kazi-ul-Kuzaat, or of City, Town or Pargana Kazis should be made by the Government, and by the same Act the enactments relating to the appointment by Government of the said officers were repealed; and whereas by the usage of the Muhammadan community in some parts of1[India] the presence of Kazis appointed by the Government is required at the celebration of marriages and the performance of certain other rites and ceremonies, and it is therefore expedient that the Government should again be empowered to appoint persons to the office of Kazi; It is hereby enacted as follows :-Maharashtra: In its application to the State of Maharashtra in the long title and in the preamble after the words "office of kazi" insert the words "and to cast certain duties on persons discharging the functions of a Kazi". See Mah. Act 21 of 1978, Sections 2,3 (9-10-1978). SECTION 01: SHORT TITLE This Act may be called The Kazis Act, 1880; 3[* * * *]. Local extent.- It extends, in the first instance, only to the territories administered by the Governor of Fort St. George in Council.4[But the Government of any other State] may, from time to time, by notification.....

Presidency Towns Insolvency Act, 1909 Complete Act

State: Central

Year: 1909

.....and non-traders has been abolished. Under the Act there is power to appoint special assignees, but it is believed that this power has never in fact beep exercised in recent years. The object of it is to secure for the creditors some control over the proceedings in insolvency, but the fact that it is not made use of appears' to show that it is ineffective for that purpose. It is proposed therefore, for consideration, that the power to appoint special assignees should not be retained, but that there should be power to appoint a committee of creditors to supervise proceedings in cases in which it may be desirable to do so. This procedure is new to Indian law and for that reason it seems inexpedient, in the first instance, to define with any exactness the extent of the control which should be given to such committees. It is thought better to Lave the matter to roles, in order that advantage may be taken of experience. Under the English system the supervising authority for bankruptcy proceedings is the Board of Trade, but ] India we have nothing corresponding to that body; powers of supervision must therefore be left to the Courts.......surrenuering any practical advantage by.....