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Prohibition of Charging Exorbitant Interest Act, 2004 Preamble 1

Title: Prohibition of Charging Exorbitant Interest Act, 2004

State: Karnataka

Year: 2004

THE KARNATAKA PROHIBITION OF CHARGING EXORBITANT INTEREST ACT, 2004 [Act, No. 14 of 2004]1 [4th March, 2004] PREAMBLE An Act to prohibit the charging of exorbitant interest by any person and matters incidental thereto. Whereas, in order to obviate the difficulties experienced by the public at large who are falling prey to persons charging exorbitant interest, it is considered necessary to prohibit lending money for such exorbitant interest and to provide for stringent punishment thereof and for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Fifty fifth year of the Republic of India as follows;- _______________________ 1. First published in the Karnataka Gazette Extra-ordinary on the Sixth day of March, 2004.

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Code of Criminal Procedure, 1973 Chapter 17

Title: The Charge

State: Central

Year: 1973

.....323, 392 and 394 of the Indian Penal Code (45 of 1860). Section 221 - Where it is doubtful what offence has been committed (1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences. (2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it. Illustrations (a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property or criminal breach of trust or cheating. (b) In the.....

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Army Act, 1950 Section 139

Title: Conviction of Offence Not Charged

State: Central

Year: 1950

.....Criminal Procedure, 1973 ( 2 of 1974) were applicable. (7) A person charged before a court-martial with any offence under this Act, may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence, although the attempt or abetment is not separately charged. ___________________ 1. Substituted by Act 37 of 1992. sec. 14 for "Code of Criminal Procedure 1898 (5 of 1898) (w.e.f 6-9-1992).

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Air Force Act, 1950 Section 138

Title: Conviction of Offence Not Charged

State: Central

Year: 1950

.....language. (5) A person charged before a court-martial with any one of the offences specified in clauses (a), (b), (c) and (d) of section 52 may be found guilty of any other of these offences with which he might have been charged. (6) A person charged before a court-martial with an offence punishable under section 71 may be found guilty of any other offence of which he might have been found guilty if the provisions of the Code of Criminal Procedure, 1898 were applicable. (7) A person charged before a court-martial with any offence under this Act may on failure of proof of an offence having been committed in circumstances involving a more servere punishment be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (8) A person charged before a court-martial with any offence under this Act may be found guilty of having attempted or abetted the commission of that offence although the attempt or abetment is not separately charged.

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Border Security Force Act, 1968 Section 93

Title: Conviction of Offence Not Charged

State: Central

Year: 1968

.....A person charged before a Security Force Court with any one of the offences specified in clauses (a), (b), (c) and (d) of section 30 may be found guilty of any other of these offences with which he might have been charged. (6) A person charged before a Security Force Court with an offence punishable under section 46 may be found guilty of any other offence of which he might have been found guilty, if the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), were applicable. (7) A person charged before a Security Force Court with any offence under this Act may, on failure of proof of an offence having been committed in circumstances involving a more severe punishment, be found guilty of the same offence as having been committed in circumstances involving a less severe punishment. (8) A person charged before a Security Force Court with any offence under this Act may be found guilty of having attempted or abetted the Commission of that offence, although the attempt or abetment is not separately charged.

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Displaced Persons Compensation and Rehabilitation Act 1954 [Repealed] Chapter II

Title: Payment of Compensation and Rehabilitation Grants to Displaced Persons

State: Central

Year: 1954

.....to the displaced person is payable in the form of transfer of any property from the compensation pool, then subject to a prior charge under sub-section (3) of section 20, to a second charge on such property for the amount which would have been payable to the banking company under clause (a) if the displaced person had been paid compensation in cash; (c) if the compensation to the displaced person is payable in any other form, to such relief as the Settlement Officer, having regard to the principle specified in clause (a) or clause (b), may determine. (3) For the purposes of this section,-- (a) the expression 'banking company' means any of the displaced banks specified in the Schedule and includes any other banking company which, before the fifteenth day of August, 1947 carried on the business of banking, whether wholly or partially in any area now forming part of West Pakistan, and which the Central Government may, having regard to the dislocation of such business on account of the partition of the country, by notification in the Official Gazette, specify in this behalf; (b) the expression 'total debt' means,-- (i) where the banking company has preferred a claim.....

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National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retradation and Multiple Disabilities Act, 1999 Complete Act

State: Central

Year: 1999

.....other officers and employees of the Trust shall be such as may be determined by regulations. SECTION 09: VACANCIES IN BOARD NOT TO INVALIDATE ACTS, ETC -No act or proceeding of the Board shall be called in question on the grounds merely of the existence of any vacancy in, or any defect in the constitution of, the Board. SECTION 10: OBJECTS OF TRUST -The objects of the Trust shall be- (a) to enable and empower persons with disability to live as independently and as fully as possible within and as close to the community to which they belong; (b) to strengthen facilities to provide support to persons with disability to live within their own families; (c) to extend support to registered organisations to provide need based services during the period of crisis in the family of persons with disability; (d) to deal with problems of persons with disability who do not have family support: (e) to promote measures for the care and protection of persons with disability in the event of death of their parent or guardian; (f) to evolve procedure for the appointment of guardians and trustees for persons with disability requiring such protection; (g) to facilitate the realisation of equal.....

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Admiralty Jurisdiction India Act, 1860 Section 2

Title: Proceedings in Case of Persons Entitled to Be Tried by the Supreme Court of a Presidency

State: Central

Year: 1860

.....charged or brought for trial, that in case the offence charged had been committed in such place he could have been tried only in the Supreme Court of one of the three Presidencies in India, and claim to be tried by such a Supreme Court accordingly, the said Court exercising criminal jurisdiction as aforesaid shall certify the fact and claim to the Governor of such place or chief local authority thereof; and such Governor or Chief local authority thereupon shall order and cause the person charged to be sent in custody to such one of the Presidencies as such Governor shall think fit for trial before the Supreme Court of such Presidency; and the said Supreme Court and all public officers and other persons in the Presidency shall have the same jurisdiction and authorities and proceed in the same manner in relation to the person charged with such offence as if the same had been committed or originally charged to have been committed within the limits of the ordinary jurisdiction of such Supreme Court.

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Prevention of Corruption Act, 1988 Section 21

Title: Accused Person to Be a Competent Witness

State: Central

Year: 1988

.....be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless (i)the proof that he has committed or been convicted of such offence is admissible evidence to show that he is guilty of the offence with which he is charged, or (ii) he has personally or by his pleader asked any question of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution, or (iii) he has given evidence against any other person charged with the same offence.

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Code of Criminal Procedure, 1973 Section 315

Title: Accused Person to Be Competent Witness

State: Central

Year: 1973

(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that (a) he shall not be called as a witness except on his own request in writing; (b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial. (2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings: Provided that in proceedings under section 108, section 109 or section 110, the failure of such person to give evidence shall not be made the subject or any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.

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