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Start Free TrialCompetition (Amendment) Act 2007 Section 3
Title: Amendment of Section 4
State: Central
Year: 2007
1[In section 4 of the principal Act,-- (i) for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) No enterprise or group shall abuse its dominant position."; (ii) in sub-section (2),-- (a) for the words, brackets and figure "under sub-section (1), if an enterprise", the words, brackets and figure "under sub-section (1), if an enterprise or a group" shall be substituted; (b) in clause (c), after the word "access", the words "in any manner" shall be inserted; (iii) after sub-section (2), in the Explanation, after clause (b), the following clause shall be inserted, namely:-- '(c) "group" shall have the same meaning as assigned to it in clause (b) of the Explanation to section 5.'.] __________________________ 1. Effective date 20th May 2009- notified vide Ministry of Corporate Affairs Notification No S.O.1242(E) dated 15.05.2009.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 108
Title: Presumption as to Certain Documents
State: Central
Year: 2007
.....and purports to be signed by the commanding officer or by the officers whose duty it is to make such record, such record shall be evidence of the facts therein stated. (4) A copy of any record in any office of the Force purporting to be certified to be true copy by the officer having custody of such book shall be evidence of such record. (5) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave, and such person has surrendered himself into the custody of any officer or other person, subject to this Act, or any unit of the Force, or has been apprehended by such officer or person, a certificate purporting to be signed by such officer, or by the commanding officer of the unit to which such person belongs or is attached, as the case may be and stating the fact, date and place of such surrender or apprehension, and the manner in which he was dressed shall be evidence of the matters so stated. (6) Where any person subject to this Act is being tried on a charge of desertion or of absence without leave and such person has surrendered himself into the custody of, or has been apprehended by, a police officer not below the rank of.....
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Chapter IX
Title: Confirmation and Revision of Proceedings
State: Central
Year: 2007
.....finding could have been validly made by the Force Court on the charge and unless it appears that the Force Court must have been satisfied of the facts establishing the said offence. (2) Where a sentence passed by a Force Court which has been confirmed, or which does not require confirmation, not being a sentence passed in (sic) of a new finding substituted under sub-section (1), is found for any reason to be invalid, the authority referred to in sub-section (1) may pass a valid sentence. (3) The punishment awarded by a sentence passed under sub-section (1) or subsection (2) shall not be higher in the scale of punishments than, or in excess of, the punishment awarded by, the sentence for which a new sentence is substituted under this section. (4) Any finding substituted, or any sentence passed, under this section shall, for the purposes of this Act and the rules, have effect as if it were a finding or sentence, as the case may be, of a Force Court. Section 131 - Petition against order, finding or sentence of Force Court (1) Any person subject to this Act who considers himself aggrieved by any order passed by any Force Court may present a petition to the officer or.....
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 120
Title: Trial of Person Not Complying with Conditions of Pardon
State: Central
Year: 2007
(1) Where, in regard to a person who has accepted a tender of pardon made under section 119, the Judge Attorney, or as the case may be, the Deputy Judge Attorney-General, or the Additional Judge Attorney-General, or the officer approved under section 95, certifies that in his opinion such person has either by wilfully concealing anything essential or by giving false evidence, not complied with the conditions on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused. (2) Any statement made by such person accepting the tender of pardon and recorded by his commanding officer or Force Court may be given in evidence against him at such trial. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such.....
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 115
Title: Delivery of Lunatic Accused to Relatives
State: Central
Year: 2007
Where any relative or friend of any person who is in custody under sub-section (4) of section 111 or under detention under sub-section (5) of that section desires that he should be delivered to his care and custody, the Central Government may, upon application by such relative or friend and, on his giving security to the satisfaction of that Government that the person delivered shall be properly taken care of, and, prevented from doing injury to himself or to any other person, and be produced for the inspection of such officer, and at such times and places, as the Central Government may direct, order such person to be delivered to such relative or friend.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 114
Title: Release of Lunatic Accused
State: Central
Year: 2007
114. Where any person is in custody under sub-section (4) of section 111 or under detention under sub-section (5) of that section,-- (a) if such person is in custody under the said sub-section (4), on the report of a medical officer, or (b) if such person is detained under the said sub-section (5), on a certificate from any of the authorities mentioned in clause (b) of section 112 that in the judgment of such officer or authority such person may be released without danger of his causing injury to himself or to any other person, the Central Government may order that such person be released or detained in custody or transferred to a public lunatic asylum if he has not already been sent to such an asylum.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 112
Title: Subsequent Fitness of Lunatic Accused for Trial
State: Central
Year: 2007
Where any accused person, having been found by reason of unsoundness of mind to be incapable of making his defence, is in custody or under detention under section 111, any officer prescribed in this behalf, may--- (a) if such person is in custody under sub-section (4) of section 111, on the report of a medical officer that he is capable of making his defence, or (b) if such person is detained in a jail under sub-section (5) of section 111, on a certificate of the Inspector-General of Prisons, and if such person is detained in a lunatic asylum under the said sub-section, on a certificate of any two or more of the visitors of such asylum and if he is detained in any other place under that sub-section, on a certificate of the prescribed authority, that he is capable of making his defence, take steps to have such person tried by the same or another Force Court for the offence with which he was originally charged or, if the offence Is a civil offence, by a criminal court.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 111
Title: Lunacy of Accused
State: Central
Year: 2007
.....The confirming officer to whom the case is reported under sub-section (2) may, if he does not confirm the finding, take steps to have the accused person tried by the same or another Force Court for the offence with which he was charged. (4) The authority to whom the finding of a Summary Force Court is reported under subsection (2) and a confirming officer confirming the finding in any case so reported to him shall order the accused person to be kept in custody in the prescribed manner and shall report the case for the orders of the Central Government. (5) On receipt of a report under sub-section (4), the Central Government may order the accused person to be detained in a lunatic asylum or other suitable place of safe custody.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Section 104
Title: Examination of a Witness on Commission
State: Central
Year: 2007
.....by counsel, or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be, the said witness. (3) After a commission issued under section 103 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder to the Judge Attorney-General. (4) On receipt of a commission, and deposition returned under sub-section (3), the Judge Attorney-General shall forward the same to the Court at whose instance the commission was issued or, if such Court has been dissolved, to any other Court convened for the trial of the accused person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the Court. (5) In every case in which a commission is issued under section 103, the trial may be adjourned for specified time reasonably sufficient for the execution and return of the commission.
View Complete Act List Judgments citing this sectionSashastra Seema Bal Act 2007 Chapter X
Title: Execution of Sentences, Pardons, Remissions, Etc.
State: Central
Year: 2007
..... (2) Where a sentence of imprisonment is imposed by a Summary Force Court, the officer holding the trial may mike the direction referred to in sub-section(1). Section 146 - Release on suspension of sentence Where a sentence is suspended under section 144, the offender shall forthwith be released from custody. Section 147 - Computation of period of sentence Any period during which the sentence is under suspension shall be reckoned as part of the term of such sentence. Section 148 - Order after suspension of sentence The authority or officer specified in section 144 may, at any time while a sentence is suspended, order-- (a) that the offender be committed to undergo the unexpired portion of the sentence; or (b) that the sentence be remitted. Section 149 - Reconsideration of case after suspension of sentence (1) Where a sentence has been suspended, the case may at any time, and shall at intervals of not more than four months, be reconsidered by the authority or officer not below the rank of an Additional Deputy Inspector-General duly authorised by the authority or officer specified in section 144. (2) Where on such reconsideration by the officer so.....
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