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Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Complete Act

Title: Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952

State: Central

Year: 1952

Preamble1 - INDIAN INDEPENDENCE PAKISTAN COURTS (PENDING PROCEEDINGS) ACT, 1952 Section1 - Short title Section2 - Definition Section3 - Certain Pakistan decrees not to be given effect to in India Section4 - Right of holder of a decree to which this Act applies to institute fresh proceedings in India Section5 - Repeal of Ordinance VI of 1951

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....

The Indian Penal Code 1860 Complete Act

State: Central

Year: 1860

.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence, nature or extent of any right, liability, or disability, asserted or denied on any suit or proceeding, necessarily follows. Explanation - Whenever, under the provisions of the law for the time being in force relating to Civil Procedure, any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue is a fact in issue. Illustrations A is accused of the murder of B. At his trial the following facts may be in issue:- That caused A B's death; That A intended to cause Bs' death; That A had received grave and sudden provocation from B; That A, at the time of doing the act which caused B's death, was, by reason of unsoundness of mind, incapable of knowing its nature. "Documents" " "Documents" means any matter expressed of described upon any substance by means of letters, figures or marks, or by more than one of those means,.....

Indian Evidence Act 1872 Part 3

Title: Production and Effect of Evidence

State: Central

Year: 1872

.....the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him Section 107 - Burden of proving death of person known to have been alive within thirty years When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Section 108 - Burden of proving that person is alive who has not been heard of for seven years 1 [Provided that when] the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is 2 [shifted to] the person who affirms it. _______________________ 1. Substituted by Act 18 of 1872, section 9, for "when". 2. Substituted by Act 18 of 1972, section 9, for "on". Section 109 - Burden of.....

Indian Evidence Act 1872 Chapter 10

Title: Of the Examination of Witnesses

State: Central

Year: 1872

.....by the mere fact that he produces it, and cannot be cross-examined unless and until he is called as a witness. Section 140 - Witnesses to character Witnesses to character may be cross-examined and re-examined. Section 141 - Leading questions Any question suggesting the answer which the person pulling it wishes or expects to receive, is called a leading question. Section 142 - When they must not be asked Leading questions must not, if objected to by the adverse party, be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court. The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved. Section 143 - When they may be asked Leading questions may be asked in cross-examination. Section 144 - Evidence as to matters in writing Any witness may be asked, whilst under examination whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which in the.....

Indian Evidence Act 1872 Section 156

Title: Question Tending to Corroborate Evidence of Relevant Fact, Admissible

State: Central

Year: 1872

When a witness whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any other circumstances which he observed at or near to the time or place at which such relevant fact occurred, if the Court is of opinion that such circumstances, if proved, would corroborate testimony of the witness as to the relevant fact which he testifies. Illustration A, an accomplice, gives an account of a robbery in which he took part. He describes various incidents unconnected with the robbery which occurred on his way to and from the place where it was committed. Independent evidence of these facts may be given in order to corroborate his evidence as to the robbery itself.

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Preamble 1

Title: Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952

State: Central

Year: 1952

INDIAN INDEPENDENCE PAKISTAN COURTS (PENDING PROCEEDINGS) ACT, 1952 [Act, No. 9 of 1952] [23rd February, 1952] PREAMBLE An Act to render ineffective certain decrees and orders passed by Courts in Pakistan against a Government in India and to provide an alternative remedy to persons who have secured such decrees or orders. BE it enacted by Parliament as follows:--

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Complete Act

State: Central

Year: 1952

.....enacted by Parliament as follows :- SECTION 01: SHORT TITLE This Act may be called the Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952. SECTION 02: DEFINITION - In this Act, the expression "decree to which this Act applies "means any such judgment, decree or order as referred to in - (i) clause (3) of Article 4 of the Indian Independence (Legal Proceedings) Order, 1947, or (ii) paragraph (5) or paragraph (6) of Article 13 of the High Courts (Bengal) Order, 1947, or (iii) paragraph (4) or paragraph (6)1[of Article 13] of the High Courts (Punjab) Order, 1947, which has been or may hereafter be passed by a Court in Pakistan and which imposes any liability or obligation on a Government in India. SECTION 03: CERTAIN PAKISTAN DECREES NOT TO BE GIVEN EFFECT TO IN INDIA Notwithstanding anything contained in any of the Orders referred to insection 2-, no decree to which this Act applies shall be given effect to by any Court or authority in India in so far as such decree imposes any liability or obligation on any Government in India. SECTION 04: RIGHT OF HOLDER OF A DECREE TO WHICH THIS ACT APPLIES TO INSTITUTE FRESH PROCEEDINGS IN INDIA Notwithstanding anything.....

Indian Independence Act, 1947 Complete Act

State: Central

Year: 1947

.....each of the new Dominions and all Provinces and other parts thereof shall be governed as nearly as may be in accordance with the Government of India Act, 1935; and the provisions of that Act, and of the Orders in Council, rules and other instruments made thereunder, shall, so far as applicable, and subject to any express provisions of this Act, and with such omissions, additions, adaptations, and modifications as may be specified in orders of the Governor-General under the next succeeding section, have effect accordingly: Provided that- (a) the said provisions shall apply separately in relation to each of the new Dominions and nothing in this sub-section shall be construed as continuing on or after the appointed day any Central Government or Legislature common to both the new Dominions; (b) nothing in this sub-section shall be construed as continuing in force on or after the appointed day any form of control by His Majesty's Government in the United Kingdom over the affairs of the new Dominions or of any Province or other part thereof; (c) so much of the said provisions as requires the Governor-General or any Governor to act in his discretion or exercise his individual judgment.....