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Start Free TrialIndian Penal Code (45 of 1860) Section 79
Title: Act Done by a Person Justified, or by Mistake of Fact Believing Himself Justified, by Law
State: Central
Year: 1860
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 the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 44
Title: Such Order to Justify Bailiff Entering on Property and Giving Possession.bar to Proceedings Against Judge or Officer for Issuing, Etc., Order or Summons
State: Central
Year: 1882
Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such, summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property.
View Complete Act List Judgments citing this sectionCode 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.....
List Judgments citing this sectionThe 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.....
List Judgments citing this sectionThe Code of Criminal Procedure, 1973 Complete Act
State: Rajasthan
Year: 1973
.....issued by the State Government on or after the 2nd day of December, 1974 and before the commencement of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978) purporting to establish any special Court of the Judicial Magistrate of the first class having jurisdiction over more than one district shall be deemed to have been issued under section 11 of the said code as amended by this Act and accordingly such notification issued and any act or proceeding done or taken or purporting to have been done or taken by virtue of it shall be deemed to be and always to have been valid" [Vide Kerala Act 21 of 1987 Punjab: In sub-section (1) of section 11, insert the following new sub-section:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of the first class in respect to particular cases or to particular classes of cases, or in regard to cases generally, in any local area "[Vide Punjab Act 9 of 1978, sec 2 (wef 14-4-1978) Rajasthan: In sub-section (1) of section 11, the following new sub-section shall be inserted, namely:" "(1-A) The State Government may likewise establish as many Courts of Judicial Magistrate of.....
List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionGeneva Conventions Act, 1960 Complete Act
State: Central
Year: 1960
.....(d) procedural matters relating to legal representation, appeals, etc. 3. The existing law on the subject is to be found in the Geneva Convention Act, 1911 (an Act of the United Kingdom) as applied to India by the Gevena Convention Act, 1911 (British India) Order-in-Council dated the 24th October, 1916, and the Geneva Convention Implementing Act, 1936 (14 of 1936). The provisions of these Acts, however, are confined to extending protection to the two emblems, namely, the Red Cross and the Geneva Cross. 4. The Bill seeks to implement the Conventions in so far as it is necessary so to do and, at the same time, consolidates the law on the subject by repealing the United Kingdom Act of 1911andthe Central Act 14 of 1936and incorporating their provisions in the Bill." - Gaz. of Ind., 1959, Extra. Pt. II, S. 2, p. 1098. An Act to enable effect to be given to certain International Conventions done at Geneva on the twelfth day of August, 1949, to which India is a party, and for purposes connected therewith. Be it enacted by Parliament in the Eleventh Year of the Republic of India as follows :- -Geneva Conventions of 12th August, 1949, were ratified by the President on the 16th October,.....
List Judgments citing this sectionArbitration and Conciliation Act, 1996 Complete Act
State: Central
Year: 1996
ARBITRATION AND CONCILIATION ACT, 1996 ARBITRATION AND CONCILIATION ACT, 1996 [Act No. 26 of Year 1996, dated 16th. August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral award as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. PREAMBLE WHEREAS the United Nations Commission on International Trade law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985; AND WHEREAS the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice; AND WHEREAS the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980; AND WHEREAS the General Assembly of the United Nations has recommended the use of the said Rules in cases where a dispute arises in the context of international commercial relations and the parties seek on amicable settlement of that dispute by recourse to.....
List Judgments citing this sectionTelecom Regulatory Authority of India Act, 1997 Complete Act
State: Central
Year: 1997
.....the Monopolies and Restrictive Trade Practices Commission established under sub-section (1) of Section 5 of the Monopolies and Restrictive Trade Practices Act, 1969 -(54 of 1969); (b) the complaint of an individual consumer maintainable before a Consumer Disputes Redressal Forum or a Consumer Disputes Redressal Commission or the National Consumer Redressal Commission established under Section 9 of the Consumer Protection Act, 1986 -(68 of 1986); (c) dispute between telegraph authority and any other person referred to in sub-section (1) of section 7 -B of the Indian telegraph Act, 1885 -(13 of 1885). SECTION 15: FILING OF APPLICATION TO AUTHORITY AND PROCEDURE FOR PASSING ORDER BY IT (1) An aggrieved person may make an application in respect of matters referred to in sub-section (2) of section 14-within such period as may be prescribed. Explanation.-For the purposes of this sub-section, the expression "aggrieved person" means- (i) any service provider who has a dispute in respect of matters referred to in clauses (i) and (ii) of sub -section (2) of section 14;- (ii) where any loss or damages is caused to a group of consumers, any member representing such group of consumers. (2).....
List Judgments citing this sectionArbitration (Protocol and Convention) Act, 1937 [Repealed] Repealing Act 1
Title: Arbitration and Conciliation Act, 1996
State: Central
Year: 1937
.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....
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