Bare Act Search Results

Monopolies and Restrictive Trade Practices Act, 1969 Chapter 6

Title: Control of Certain Restrictive Trade Practices

State: Central

Year: 1969

.....the prices at which the goods are sold by retail would, in general and in the long run, be increased to the detriment of the public as such consumers or users, or (c) any necessary services actually provided in connection with or after the sale of goods by retail would cease to be so provided or would be substantially reduced to the detriment of the public as such consumers or users. (2) On a reference under this section in respect of goods of any class which have been the subject of proceedings before the Commission under section 31, the Commission may treat as conclusive any evidence of fact made in those proceedings. ________________________ 1. Substituted by Act 30 of 1984, section 2, for "Registrar" w.e.f. 1-8-1984.

Monopolies and Restrictive Trade Practices Act, 1969 Section 38

Title: Presumption as to the Public Interest

State: Central

Year: 1969

.....to become engaged in the trade or business of selling such goods or of producing or selling similar goods) resulting or likely to result from the operation of the restriction. (2) In this section "purchases", "consumers" and "users" include persons purchasing, consuming or using for the purpose or in course of trade or business or for public purposes; and references in this section to any one person include references to any two or more persons being inter-connected undertakings or individuals carrying on business in partnership with each other. ________________________ 1. The word "or" omitted by Act 30 of 1984, section 32 w.e.f. 1-8-1984. 2. Inserted by Act 30 of 1984, section 32 w.e.f. 1-8-1984.

Monopolies and Restrictive Trade Practices Act, 1969 Complete Act

State: Central

Year: 1969

.....specify in this behalf;] 15[(e) "goods" means goods as defined in the Sale of Goods Act, 1930(3 of 1930)-, and includes,- (i) products manufactured, processed or mined in India; 17 [(ii) shares and stocks including issue of shares before allotment;] (iii) in relation to goods supplied, distributed or controlled in India, goods imported into India;] (ee)16[***] 18 [(ef) "group" means a group of- (i) two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate (excluding financial institutions), or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust; or (ii) associated persons. (III) where any person is an associated person in relation to another, the latter shall also be deemed to be an associated person in relation to the former;] (f) "India" means, for the purposes of this Act, the territories to which this Act extends; (ff)19[**] (fff)19[***] (g) "inter-connected undertakings" means two or more undertakings which are inter-connected with each other in any of the following manner, namely:- (i) if one owns or controls.....

Narcotic Drugs and Psychotropic Substances Act, 1985 Chapter 4

Title: Offences and Penalties

State: Central

Year: 1985

.....to prepared opium Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,-- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both; or (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; or (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. Section 18 - Punishment for contravention in relation to opium poppy.....

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 35

Title: Presumption of Culpable Mental State

State: Central

Year: 1985

(1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.--In this section "culpable mental state" includes intention, motive knowledge of a fact and belief in, or reason to believe, a fact. (2) For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.

Foreign Exchange Regulation Act, 1973 Section 59

Title: Presumption of Culpable Mental State

State: Central

Year: 1973

(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation. In this section, "culpable mental state" includes intention, motive, knowledge of a fact and belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. (3) The provisions of this section shall, so far as may be, apply in relation to any proceeding before an adjudicating officer as they apply in relation to any prosecution for an offence under this Act.

Foreign Exchange Regulation Act, 1973 [Repealed] Section 59

Title: Presumption of Culpable Mental State

State: Central

Year: 1973

(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation. In this section, "culpable mental state" includes intention, motive, knowledge of a fact and belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. (3) The provisions of this section shall, so far as may be, apply in relation to any proceeding before an adjudicating officer as they apply in relation to any prosecution for an offence under this Act.

Wealth-tax Act, 1957 Chapter VIII

Title: Miscellaneous

State: Central

Year: 1957

.....state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused, to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation. -In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact, or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ________________________ 1. Inserted by Act 46 of 1986, section 39 w.e.f. 10-9-1986. Section 36 - Proof of entries in records or documents 1[36. Proof of entries in records or documents Entries in the records or other documents in the custody of a wealth-tax authority shall be admitted in evidence in any proceedings for the prosecution of any person for an offence under this Act, and all such entries may be proved either by the production of the records or other documents in the custody of the Wealth-tax authority containing such entries or by the.....

Wealth-tax Act, 1957 Section 35O

Title: Presumption as to Culpable Mental State

State: Central

Year: 1957

1[35O. Presumption as to culpable mental state (1) In any prosecution for any offence under this Act which requires a culpable menial state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused, to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation. -In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact, or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ________________________ 1. Inserted by Act 46 of 1986, section 39 w.e.f. 10-9-1986.

Gift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Chapter VIII

Title: Miscellaneous

State: Central

Year: 1958

.....state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.-In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact, or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] _________________________ 1. Inserted by Act 46 of 1986, section 41 w.e.f. 10-9-1986. Section 35E - Proof of entries in records or documents 1[35E. Proof of entries in records or documents Entries in the records or other documents in the custody of a gift-tax authority shall be admitted in evidence in any proceedings for the prosecution of any person for an offence under this Act, and all such entries may be proved either by the production of the records or other documents in the custody of the gift-tax authority containing such entries, or by the.....