Bare Act Search Results

Monopolies and Restrictive Trade Practices Act, 1969 Chapter 6

Title: Control of Certain Restrictive Trade Practices

State: Central

Year: 1969

.....to the Central Government 2[***] for such action as that Government may take under section 31. ________________________ 1. Substituted by Act 30 of 1984, section 31 for "a monopolistic undertaking is indulging in restrictive trade practices" w.e.f. 1-8-1984. 2. The words "with regard to any monopolistic trade practice" omitted by Act 30 of 1984, section 31 w.e.f. 1-8-1984. Section 38 - Presumption as to the public interest (1) For the purposes of any proceedings before the Commission under section 37, a restrictive trade practice shall be deemed to be prejudicial to the public interest unless the Commission is satisfied of any one or more of the following circumstances, that is to say- (a) that the restriction is reasonably necessary having regard to the character of the goods to which it applies, to protect the public against injury (whether to persons or to premises) in connection with the consumption, installation or use of those goods; (b) that the removal of the restriction would deny to the public as purchasers, consumers or users of any goods, other specific and substantial benefits or advantages enjoyed or likely to be enjoyed by them as such, whether.....

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

MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 54 of 1969 An Act to provide that the operation of the economic system does not result in the concentration of economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Monopolies and Restrictive Trade Practices Act, 1969. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may,1[by notification], appoint. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "agreement" includes any arrangement or understanding, whether or not it is intended that such agreement shall be enforceable (apart from any provision of this Act) by legal proceedings ; (b) "Commission" means the Monopolies and Restrictive Trade Practices Commission established under.....

Narcotic Drugs and Psychotropic Substances Act, 1985 Chapter 4

Title: Offences and Penalties

State: Central

Year: 1985

.....of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug 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; (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; (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. ______________________ 1. Substituted by Act 9 of 2001, section 8, for sections 21 to 23 (w.e.f. 2-10-2001). Section 22.....

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

.....proceeding under this Act or after the completion thereof, but before the service of notice under rule 2 of the Second Schedule to the Income-tax Act as made applicable to this Act by section 32, any assessee creates a charge on, or parts with (by way of sale, mortgage gift, exchange or any other mode of transfer whatsoever) the possession of any of his assets in favour of any other person, such charge or transfer shall be void as against any claim in respect of any tax or any other sum payable by the assessee as a result of the completion of the proceeding or otherwise: Provided that such charge or transfer shall not be void, if it is made - (i) for adequate consideration and without notice of the pendency of such proceeding or, as the case may be, without notice "of such tax or other sum payable by the assessee; or (ii) with the previous permission of the2[Assessing Officer]. (2) This section applies to cases where the amount of tax or other sum payable or likely to be payable exceeds] five thousand rupees and the assets charged or transferred exceed ten thousand rupees in value. Explanation. -In this section, "assets" means land, building, machinery, plant,.....

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

.....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 production of a copy of the entries certified by the gift-tax authority having custody of the records or other documents under its signature and stating that it is a true copy of the original entries and that such.....