Bare Act Search Results

Arbitration Act, 1940 Complete Act

State: Central

Year: 1940

.....not after differences have arisen, concur in the appointment or appointments; or (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties or the arbitrators, as the case may be, do not supply the vacancy; or (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties. SECTION 09: POWER TO PARTY TO APPOINT NEW ARBITRATOR OR IN CERTAIN CASES, A SOLE ARBITRATOR - Where an.....

Arbitration Act, 1940 [Repealed] Chapter II

Title: Arbitration Without Intervention of a Court

State: Central

Year: 1940

.....cause being shown allow further time to the defaulting party to appoint an arbitrator or pass such other order as it thinks fit. Explanation.-The fact that an arbitrator or umpire, after a request by either party to enter on and proceed with the reference, does not within one month comply with the request may constitute a neglect or refusal to act within the meaning of Sec. 8 and this section. Section 10 - Provisions as to appointment of three of more arbitrators (1) Where an arbitration agreement provides that a reference shall be to three arbitrators, one to be appointed by each party and the third by the two appointed arbitrators, the agreement shall have effect as if it provided for the appointment of an umpire, and not for the appointment of a third arbitrator, by the two arbitrators appointed by the parties. (2) Where an arbitration agreement provides that a reference shall be to three arbitrators to be appointed otherwise than as mentioned in sub-section (1), the award of the majority shall, unless the arbitration agreement otherwise provides, prevail. (3) Where an arbitration agreement provides for the appointment of more arbitrators than three, the award of.....

Arbitration Act, 1940 [Repealed] Section 15

Title: Power of Courts to Modify Award

State: Central

Year: 1940

The Court may by order modify or correct an award - (a) where it appears that a part of the award is upon a matter not referred to arbitration and such part can be separated from the other part and does not affect the decision on the matter referred; or (b) where the award is imperfect in form, or contains any obvious error which can be amended without affecting such decision; or (c) where the award contains a clerical mistake or an error arising from an accidental slip or omission.

Tamil Nadu Village Servant Classification Control and Appeal Rules, 1983 Complete Act

State: Tamil Nadu

Year: 1983

.....is satisfied that the delay is due to just and sufficient cause. (2) The Revenue Divisional Officer may, pending exercise of his powers under sub-rule (1), stay the execution of any order which is the subject matter of appeal. 7. Revision.- (1) Notwithstanding anything contained in rule 5, the Revenue Divisional Officer may, of his own motion, call for and examine the records relating to any order passed by the Tahsildar and for reasons to be recorded in writing confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed or remit for re-consideration such order on any of the grounds specified in subrule (3). (2) Notwithstanding anything contained in rule 5, the collector may of his own motion, or on the application of the person aggrieved, call for and examine the records relating to any order passed by the Revenue Division Officer and for reasons to be recorded in writing confirm, reduce, enhance or set aside the penalty imposed by the order or impose any penalty where no penalty has been imposed, or remit for reconsideration such order on any of the grounds specified in sub-rule(3). (3) The grounds.....

Tamil Nadu Village Servant Service Rules, 1980 Complete Act

State: Tamil Nadu

Year: 1980

.....and write tamil; and (ii) knows cycling and is physically fit. (2) The appointing authority shall also take into consideration the following factors, namely;- (i) whether the applicant is a resident of the charge village; (ii) Whether the applicant is a person belonging to one of the communities included in the list of Backward Classes recognized by the Government of Tamil Nadu; (iii) whether the applicant is a person belonging to Schedule Castes/Schedule Tribes; and (iv) whether the applicant is an ex-serviceman. (3) In making appointments under these rules, the appointing authority shall take into consideration the character and antecedents of the applicants. 6. Temporary appointments.- Where it is necessary in public interest to fill immediately a vacancy of a Village Servant and there would be undue delay in making such appointment in accordance with these rules, the appointing authority may temporarily appoint a person otherwise than in accordance with these rules. No such temporary appointments shall be continued except for special reasons beyond a period of three months. 7. Appointment in place of members dismissed or removed.- the temporary.....

Code of Criminal Procedure, 1973 Section 215

Title: Effect of Errors

State: Central

Year: 1973

.....he became possessed thereof that such coin was counterfeit," the word " fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the-charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was Haidar Baksh, and the dale of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which.....

Code of Criminal Procedure, 1973 Section 465

Title: Finding or Sentence when Reversible by Reason of Error, Omission or Irregularity

State: Central

Year: 1973

(1) Subject to the provisions hereinbefore contained, on finding sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

Patents Act, 1970 (39 of 1970) Section 78

Title: Power of Controller to Correct Clerical Errors, Etc.

State: Central

Year: 1970

.....59 as regards amendment of applications for patents or complete specifications1[or other documents related thereto] and subject to the provisions of section 44, the Controller may, in accordance with the provisions of this section, correct any clerical error in any patent or in any specification or other document filed in pursuance of such application or in any application for a patent or any clerical error in any matter which is entered in the register. (2) A correction may be made in pursuance of this section either upon a request in writing made by any person interested and accompanied by the prescribed fee, or without such a request. (3) Where the Controller proposes to make any such correction as aforesaid otherwise than in pursuance of a request made under this section, he shall give notice of the proposal to the patentee or the applicant for the patent, as the case may be, and to any other person who appears to him to be concerned, and shall give them an opportunity to be heard before making the correction. (4) Where a request is made under this section for the correction of any error in a patent or application for a patent or any document filed in pursuance of such.....

Foreign Marriage Act, 1969 Section 26

Title: Correction of Errors

State: Central

Year: 1969

(1) Any Marriage Officer who discovers any error in the form or substance of any entry in the Marriage Certificate Book may, within one month next after the discovery of such error, in the presence of the persons, married or, in case of their death or absence, in the presence of two other witnesses, correct the error by entry in the margin without any alteration of the original entry and add thereto the date of such correction. (2) Every correction made under this section shall be attested by the witnesses in whose presence it was made.

Christian Marriage Act1872 Section 78

Title: Corrections of Errors

State: Central

Year: 1872

Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of no other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof. And every entry made under this section shall be attested by the witnesses in whose presence it was made. And, in case such certificate has been already sent to the {Subs.by Act 6 of 1886, section.30(b), for " Secretary to the L.G.".} [Registrar General of Births, Deaths and Marriages], such person shall make and send in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.