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Indian Penal Code (45 of 1860) Chapter 4

Title: General Exceptions

State: Central

Year: 1860

.....being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. Section 77 - Act of Judge when acting judicially Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. Section 78 - Act done pursuant to the judgment or order of Court Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice; if done whilst such judgment or order remains in force, is an offence, ' notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. Section 79 - Act done by a person justified, or by mistake of fact believing himself justified, by law Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration A sees Z commit what appears to A to be a murder. A, in.....

Indian Penal Code (45 of 1860) Section 94

Title: Act to Which a Person is Compelled by Threats

State: Central

Year: 1860

Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at me time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.--A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.--A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

Indian Penal Code (45 of 1860) Section 105

Title: Commencement and Continuance of the Right of Private Defence of Property

State: Central

Year: 1860

The right of private defence of property commences when a reasonable apprehension of danger to the property commences. The right of private defence of property against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered. The right of private defence of property against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues. The right of private defence of property against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief. The right of private defence of property against house-breaking by night continues as long as the house-trespass which has been begun by such house-breaking continues.

Indian Penal Code (45 of 1860) Chapter 17

Title: Of Offences Against Property

State: Central

Year: 1860

.....intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money for Z. A cheats. Section 416 - Cheating by personation A person is said to "cheat by personation" if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. Explanation.--The offence is committed whether the individual personated is a real or imaginary person. Illustration (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to.....

Indian Penal Code (45 of 1860) Section 390

Title: Robbery

State: Central

Year: 1860

In all robbery there is either theft or extortion. When theft is robbery.--Theft is "robbery" if, in order to the committing of the theft, or in committing the theft, or in carving away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurl or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. When extortion is robbery.--Extortion is "robbery" if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.--The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations (a) A holds Z down and fraudulently takes Z's money and jewels from Z's clothes without Z's consent. Here A has committed.....

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.....

Bombay General Clauses Act, 1904, (Maharashtra) Section 7

Title: Effect of Repeal

State: Maharashtra

Year: 1904

.....Pandurang, I. L. R. 1960 Bom. 172 : 1959 Bom. L. R. 1112; Sakharam Narayan v. Manikchand, 1955 (57) Bom.. L. R. 223 followed. Repeal of rules when new rules framed.-Framing of new octroi rules would repeal earlier one by necessary implication even though some other rules were repealed specifically.-Swastik Rubber Products Ltd. v. Municipal Corporation for the City of Poona, 1981 (4) SCC 219 : AIR 1981 SC 2022. When a temporary Act lapses, the rules and orders made thereunder expire.-State of Bombay v. Heman Shantilal, AIR 1952 Bom. 16. Section 7(1) of the Act would be applicable to the repeal of Poona City Municipal Corporation, rule 5(8) of the Exemption Rules and the consequences stated therein must follow, unless there is something in the repealed rule itself which ends the exemption.-Kirloskar Pneumatic Company Ltd. v. Municipal Corporation for the City of Poona, 1969 Man. L. J. 832. Repealed Notification.-It was held that the Notification even if it continued in force because of the application of section 25 of the Bombay General Clauses Act, 1904, extended the Ordinance and not the Act. In the result, the connection made by the State that the Act had been.....

Code of Civil Procedure, 1908 Appendix C

Title: Discovery, Inspection and Admission

State: Central

Year: 1908

.....[or plaintiff]. [Here describe the documents and specify as to each document whether it is original or a copy.] No. 10 NOTICE TO ADMIT FACTS (O. XII, r. 5) (Title as in No. 1, supra) Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plaintiff] to admit, for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit. G. H. pleader [or agent] for plaintiff [or defendant]. To E. F., pleader [or agent] for defendant [or plaintiff]. The facts, the admission of which is required, are:-- 1. That M. died on the 1st January, 1890. 2. That he died intestate. 3. That N. was his only lawful son. 4. That O. died on the 1st April, 1896. 5. That O. was never married. No. 11 admission of facts pursuant to notice (O. XII, r. 5) (Title as in No. 1, supra) The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several facts.....

Income Tax Act, 1922 Complete Act

State: Central

Year: 1922

.....that year, be deemed to be the allowance for that year, and so on for succeeding years; and (c) the aggregate of all such allowances made under this Act or any Act repealed hereby, or under the Indian Income-tax Act, 1886, shall, in no case, exceed the original cost to the assessee of the buildings, machinery, plant, or furniture, as the case may be; (vii) in respect of any machinery or plant which, in consequence of its having become obsolete, has been sold or discarded, the difference between the original cost to the assessee of the machinery or plant as reduced by the aggregate of the allowances made in respect of depreciation under clause (vi), or any Act repealed hereby, or the Indian Income-tax Act, 1886, and the amount, for which the machinery or plant is actually sold, or its scrap value; (viii) any sums paid on account of land-revenue, local rates or municipal taxes in respect of such part of the premises as is used for the purposes of the business; (ix) any expenditure (not being in the nature of capital expenditure) incurred solely for the purpose of earning such profits or gains. (3) In sub-section (2), the word "paid" means actually paid or incurred according to the.....

Industrial Disputes Act, 1947 Schedule I

Title: The First Schedule

State: Central

Year: 1947

.....of Rs. 10 crore and above.--Rajasthan Gaz., 31-3-1995, Pt. 5 'Gha' Ext., p. 59. Tamil Nadu 11. Leather. 12. Oxygen and Acetylene.--Tamil Nadu Act 9 of 1963, section 3 (24-5-1963). Rayon Nylon and other Synthetic Fibre Industry.--Tamil Nadu Govt. Gaz., 13-5-1970, Pt. II, sec. 1, p. 809. Heavy Chemicals Industry.--Tamil Nadu Govt. Gaz., 9-9-1970, Pt. II, sec. 2, p. 1440. Surgical and Pharmaceutical Industry.--Tamil Nadu Govt. Gaz., 23-3-1980, Pt. II, sec. 2, p. 198. Electric Goods Manufactory.--Tamil Nadu Govt. Gaz., 13-4-1983, Pt. II, sec. 2, p. 301. Madras Export Processing Zone.--Tamil Nadu Govt. Gaz., 13-11-1985, Pt. II, sec. 2, p. 860 (No. 44). Manufacture of Boiler Auxiliaries for High Pressure Boilers.--Tamil Nadu Govt. Gaz., 29-10-1986, Pt. II, sec. 2, p. 760 (No. 42). Any Banking Service in the Co-operative Sector.--Tamil Nadu Govt. Gaz., 24-6-1992, Pt. II, sec. 2, p. 334 (No. 25). Service in National Airports Authority.--Tamil Nadu Govt. Gaz., 10-7-1991, Pt. II, sec. 2, p. 473 (No. 26). All Industrial Gases other than Oxygen and Acetylene Manufacturing Industry.--Tamil Nadu Govt. Gaz., 28-10-1992, Pt. II, sec. 2, p. 612 (No. 25). Industrial.....