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Home Bare Acts Phrase: pecuniary advantageIndian Trusts Act, 1882 Section 88
Title: Advantage Gained by Fiduciary
State: Central
Year: 1882
.....a company, legal advisor, or other person bound in a fiduciary character to protect the interests of another person, by availing himself of his character, gains for himself any pecuniary advantage, or where any person so bound enters into any dealings under circumstances in which his own interests are, or may be, adverse to those of such other person and thereby gains for himself a pecuniary advantage, he must hold for the benefit of such other person the advantage so gained. Illustrations (a) A, an executor, buys a tan undervalue from B, a legatee, his claim under the will, B is ignorant of the value of the bequest. A musthold for the benefit of B the difference between the price and value. (b) A, a trustee, uses the trust- property for the purpose of his own business. A holds for the benefit of his beneficiary the profits arising from such user. (c) A, a trustee, retires from his trust in consideration of his successor paying him a sum of money. A holds such money for the benefit of his beneficiary. (d) A, a partner, buys land in his own name with funds belonging to the partnership. A holds such land for the benefit of the partnership. (e) A, a partner, employed on.....
View Complete Act List Judgments citing this sectionInternational, Airports Authority Act, 1971 Complete Act
State: Central
Year: 1971
.....or property disproportionate to the known sources of income by the employee or on his behalf by another person, which the employee cannot satisfactorily account for; (iv) furnishing false information regarding name, age, father's name, qualifications, previous service or experience, or any other matter in relation to the employment at the time of appointment, or during the course of employment; (v) acting in any manner prejudicial to the interests of the Authority; (vi)wilful insubordination or disobedience, of any lawful and reasonable order of his superior; (vii) absence without leave or overstaying the sanctioned leave for more than four consecutive days without sufficient grounds or satisfactory explanation; (viii) habitual late coming or irregular attendance; (ix) neglect of work or negligence in the performance of duty including lingering or slowing down of work; (x) causing damage to any property of the Authority; (xi) interference or tampering with any safety device installed in or about the premises of the Authority, (xii) drunkenness or notous or disorderly or indecent behaviour in the premises of the Authority or outside such premises where such behaviour is.....
List Judgments citing this sectionTrusts Act, 1882 Complete Act
State: Central
Year: 1882
....."registered' means registered under the law for the registration of documents for the time being in force a person is said to have "notice" of a fact either when he actually knows that fact or when, but for willful abstention from inquiry or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the section 229 Indian Contract Act, 1872 (9 of 1872)-, ; and all expressions used herein and defined in the Indian Contract Act, 1872 (expressions defined in Act 9 of 1872), shall be deemed to have the meanings respectively attributed to them by that Act. SECTION 04: LAWFUL PURPOSE. A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the person or property of another, or (e) the Court regards it as immoral or opposed to public policy. Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of which one is lawful and the other.....
List Judgments citing this sectionPrevention of Corruption Act, 1988 Chapter III
Title: Offences and Penalties
State: Central
Year: 1988
.....on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation. For the purposes of this section, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant. (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine. Section 14 - Habitual committing of offence under sections 8, 9 and 12 Whoever habitually commits (a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12,shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine. Section 15 - Punishment for attempt Whoever attempts to commit an offence referred to in.....
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Chapter IX
Title: Of Certain Obligations in the Nature of Trusts
State: Central
Year: 1882
.....performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract. Section 92 - Purchase by person contracting to buy property to be held on trust Where a person contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly, he must hold the property for their benefit to the extent necessary to give effect to the contract. Section 93 - Advantage secretly gained by one of several compounding creditors Where creditors compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so gained. Section 94 - Constructive trust in cases not expressly provided for (Rep. by the Benami Transactions (Prohibition) Act, 1988, sec. 7 (w.e.f. 19.5.1988)). Illustrations (a) A, an executor, distributes the assets of his testator B to the legatees without having paid the whole of B's debts. The legatees hold for the benefit of B's creditors, to the extent necessary to satisfy their just demands, the assets so.....
View Complete Act List Judgments citing this sectionThe Prevention of Corruption Act, 1988 Complete Act
State: Central
Year: 1988
.....on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation.-- For the purposes of this section, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant. (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine. 14.Habitual committing of offence under sections 8, 9 and 12 .- Whoever habitually commits -- (a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12. shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine. 15.Punishment for attempt .-- Whoever attempts to commit an offence referred to in clause.....
List Judgments citing this sectionPrevention of Corruption Act, 1988 Section 13
Title: Criminal, Misconduct by a Public Servant
State: Central
Year: 1988
.....person any valuablething or pecuniary advantage; or (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public, interest; or (e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation. For the purposes of this section, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant. (2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.
View Complete Act List Judgments citing this sectionOil Industry (Development) Act, 1974 Complete Act
State: Central
Year: 1974
.....facilities for production, handling, storage and transport of crude oil; (c) refining and marketing of petroleum and petroleum products; (d) the manufacture and marketing of petrochemicals and fertilisers; (e) scientific technological and economic research which could be directly or indirectly, useful to oil industry; (f) experimental or pilot studies in any field of oil industry; (g) training of personnel, whether in India or outside, engaged or to be engaged in any field of oil industry and such other measures as may be prescribed. (4) The Board may Board such fees or receive such commission as it may deem appropriate for any services rendered by it in the exercise of its functions. (5) The Board may transfer for consideration any instrument relating to loans or advances granted by it to any oil industrial concern or other person. (6) The Board may do all such things as may be incidental to or consequential upon the discharge of its functions under this Act. SECTION 07: PRINCIPLES AND CONDITIONS OF ASSISTANCE (1) Before rendering any assistance to any oil industrial concern of other person, the Board shall have regard to such directions as the Central Government may issue in.....
List Judgments citing this sectionThe Punjab Lokpal Act, 1996 Complete Act
State: Punjab
Year: 1996
.....fortnight or an fine which may extend to five hundred rupees, or with both. (3) In every case tried under this section, the Lokpal shall record the facts constituting the offence with the statement (if any) made by the offender as well as the finding and the sentence. (4) Any person convicted on a trial held under this section may appeal to the High Court and the provisions of Chapter XXIX of the Code of Criminal Procedure, 1973, shall, so far as may apply to appeals under this section and the High Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. The Lokpal shall after pronouncing the punishment suspend its commencement for a period of one month to enable the aggrieved party to approach the High Court in an appeal and a copy of the order shall be furnished free of cost to a person who has been convicted under section 20 and 21 of the Act. (5) The provisions of this section shall have effect notwithstanding anything contained in the Code of Criminal Procedure, 1973. Section 22 - Action in case of false complaint (1) Every person who wilfully or maliciously makes any compliant which he knows or has reason to believe to be false under this.....
List Judgments citing this sectionPrevention of Corruption Act, 1947 Complete Act
State: Central
Year: 1947
.....clause (e) of sub-section (1), the pecuniary resources or property referred to in that clause for which the accused person is unable to account satisfactorily."] 3 (e) [e] Substituted for original sub-section (4) by Prevention of Corruption (Second Amendment) Act, 1959 (58 of 1952), S. 4 (12-8-1952). [(4) The provisions of this section shall be in addition to, and not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding whichmight, apart from this section, be instituted against him.] SECTION 5A : Investigation into cases under this Act 3 (a) [a] Substituted for former section 5A by the Anti-Corruption Laws (Amendment) Act. 1964 (40 of 1964). S. 6 (3) (18-12-1964)..- (1) Notwithstanding anything contained in the (Code of Criminal Procedure, 1898) , no police officer below the rank,- (a) in the case of the Delhi Special Police Establishment, of an Inspector of Police; (b) in the presidency-towns of Calcutta and Madras, of an Assistant Commissioner of Police: (c) in the presidency-town of Bombay, of a Superintendent of Police; and (d) elsewhere, of a Deputy Superintendent of Police, shall.....
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