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Start Free TrialCaste Disabilities Removal Act, 1850 Preamble 1
Title: Caste Disabilities Removal Act, 1850
State: Central
Year: 1850
THE CASTE DISABILITIES REMOVAL ACT, 1850 [Act, No. 21 of 1850] [AS ON 1959] [11th April, 1850] PREAMBLE An Act for extending the principle of section 9, Regulation VII, 1832 of the Bengal Code throughout [Substitute by Act 3 of 1951, Section 3.and Schedule, for '' the territories subject to the Government of the East India Company'.] [ India ]. WHEREAS it is enacted by section 9, Regulation VII, 1832, of the Bengal Code, [ Rep.by the Bengal Civil Courts Act, 1871 (6 of 1871), which was rep.by the Bengal, North-Western Provinces and Assam Civil Courts Act, 1887 (12 of 1887)] that ''whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the Muhammadan persuasion, or where one or more of the parties to the suit shall not be either of the Muhammadan or Hindu persuasions the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled '' ; and whereas it will be beneficial to extend the principle of that enactment throughout India ; It is enacted as follows :--
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 6
Title: Testamentary Succession
State: Central
Year: 1925
.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 2
Title: Of Wills and Codicils
State: Central
Year: 1925
.....imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a Will dictated by B. It appears that he would not have executed the will but for fear of B. The Will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a Will of a certain purport and does so merely to purchase peace and in submission to B. The Will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a Will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his Will in the manner recommended by B. The Will is not rendered invalid by the.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 61
Title: Will Obtained by Fraud, Coercion or Importunity
State: Central
Year: 1925
.....imprisonment. (iv) A threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a Will dictated by B. It appears that he would not have executed the will but for fear of B. The Will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a Will of a certain purport and does so merely to purchase peace and in submission to B. The Will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a Will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his Will in the manner recommended by B. The Will is not rendered invalid by the.....
View Complete Act List Judgments citing this sectionCaste Disabilities Removal Act, 1850 Complete Act
State: Central
Year: 1850
.....April, 1850 An Act for extending the principle of section 9, Regulation VII, 1832 of the Bengal Code throughout 2[lndia]. Preamble. WHEREAS it is enacted by section 9, Regulation VII, 1832 of the Bengal Code, that "whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the Muhammadan persuasion, or where one or more of the parties to the suit shall not be either of the Muhammadan or Hindu persuasions the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled"; and whereas it will be beneficial to extend the principle of that enactment throughout1[lndia]; It is enacted as follows:- SECTION 01: LAW OR USAGE WHICH INFLICTS FORFEITURE OF, OR AFFECTS, RIGHTS ON CHANGE OF RELIGION OR LOSS OF CASTE TO CEASE TO BE ENFORCED So, much of any law or usage now in force within4[India] as Inflicts on any person forfeiture of rights or property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from.....
List Judgments citing this sectionThe Haryana Children Act, 1974 Complete Act
State: Haryana
Year: 1974
.....to be detained in a Borstal Institution under that Act. (3). The Chief Child Welfare Officer may, notwithstanding anything contained in this Act, order" (a) a neglected child to be transferred from one children's home to another; (b) a delinquent child to be transferred from one special school to another or from a special school to a children's home; (c) a child who has been released on licence which has been revoked or forfeited, to be sent to the special school or children's home from which he was released or to any other children's home or special school. (4) The State Government may, notwithstanding anything contained in this Act, at any time, discharge a child from the care of any person under whom he was placed under this Act either absolutely or on such conditions as the State Government may think fit to impose. 49. Transfer of children to other States and vice versa. (1) The State Government may direct any neglected child or delinquent child to be transferred from any children's home, or special school within the State to any other children's home special school or institution of a like nature in any other State with the consent of the Government of.....
List Judgments citing this sectionJuvenile Justice Act, 1986 Complete Act
State: Central
Year: 1986
.....either absolutely or on such conditions as it may think fit to impose. (2) The State Government may, notwithstanding anything contained in this Act, order- (a) a neglected juvenile to be transferred from one juvenile home to another, (b) a delinquent juvenile to be transferred from one special home to another or from a special home to a borstal school where such school exists or from a special home to a juvenile home; (c) a neglected juvenile or a delinquent juvenile to be transferred from a juvenile home or a special home to a fit person or a fit institution; (d) a juvenile who has been released on licence which has been revoked or forfeited, to be sent to the special home or juvenile home from which he was released or to any other juvenile home or special home or borstal school: Provided that the total period of the stay of the juvenile in a juvenile home or a special home of a fit institution or under a fit person shall not be increased by such transfer. (3) The State Government may, notwithstanding anything contained in this Act, at any time, discharge a juvenile from the care of any person under whom he was placed under this Act either absolutely or on such conditions.....
List Judgments citing this sectionThe Children Act, 1960 Complete Act
State: Central
Year: 1960
.....school, either absolutely or on such conditions as he may think fit to impose. (2) The Administrator may, notwithstanding anything contained in this Act, order- (a) a neglected child to be transferred from one children's home to another; (b) a delinquent child to be transferred from one special school to another or from a special school to a borstal school where such school exists or from a special school to a children's home; (c) a child who has been released on licence which has been revoked or forfeited, to be sent to the special school or children's home from which he was released or to any other children's home or special school or borstal school: Provided that the total period of the stay of the child in a children's home, or a special school shall not be increased by such transfer. (3) The Administrator may, notwithstanding anything contained in this Act, at any time, discharge a child from the care of any person under whom he was placed under this Act either absolutely or on such conditions as the Administrator may think fit to impose. SECTION 46: TRANSFERS BETWEEN CHILDREN'S HOMES, ETC., UNDER THE ACT, AND CHILDREN'S HOMES, ETC, OF LIKE NATURE IN DIFFERENT PARTS OF.....
List Judgments citing this sectionThe Kerala Children Act, 1972[1] Complete Act
State: Kerala
Year: 1972
.....absolutely or on such conditions as the Government may think fit to impose. (2) The Government may, notwithstanding anything contained in this Act, order" (a) a neglected child to be transferred from one children's home to another; (b) a delinquent child to be transferred from one special school to another, or from a special school to a borstal school, or from a special school to a children's home ; (c) a child who has been released on licence which has been revoked or forfeited, to be sent to the special school or children's home from which he was released or to any other special school or children's home or borstal school : Provided that the total period of the stay of the child in a special school or children's home shall not be increased by such transfer. (3) The Government may, notwithstanding anything contained in this Act, at any time, discharge a child from the care of any person under whom he was placed under this Act, either absolutely or on such conditions as the Government may think fit to impose. 46. Transfers between children's homes, etc., under the Act and children's homes, etc., of like nature in different parts of India."(1) The Government may direct any.....
List Judgments citing this sectionThe Orissa Children Act, 1982 Complete Act
State: Orissa
Year: 1982
.....be, either unconditionally or on such conditions as they may think fit to impose. ( 2) The Government may, notwithstanding anything contained in the Act order- (a) a neglected child to be transferred from one children's home to another: (b) a delinquent child to be transferred from one special school to another or from a special school to a borstal school or from a special school to a children's home; (c) a child who has been released on licence which has been revoked or forefeited, to be sent to the special school or children's home from which he released to any other children's home or special school or borstal school, as the case may be : Provided that the total period of the stay of the child in a children's home or special school or borstal school shall not be increased by such transfer. (4) The Government may, notwithstanding anything contained in this Act but subject to rules made in that behalf, at any time, discharge a child from the care of any person under whom he was placed under this Act, either unconditionally or on such conditions as the Government may think fit to impose 54. Transfer of neglected or delinquent child to or from another State- (I) The Government.....
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