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Home Bare Acts Phrase: prevailingIndian Succession Act, 1925 Section 88
Title: The Last of Two Inconsistent Clauses Prevails
State: Central
Year: 1925
Where two clauses of gifts in a Will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his Will leaves his estate of Ramnagar "to A", and by the last clause of his Will leaves it "to B and not to A". B Will have it, (ii) If a man, at the commencement of his Will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition Will prevail.
View Complete Act List Judgments citing this sectionIndustrial Development Bank of India Act, 1964 [Repealed] Section 30A
Title: Arrangement with Developmentbank on Appointment of Directors to Prevail
State: Central
Year: 1964
.....appointment of directorsmade in pursuance thereof shall be valid and effective notwithstanding anythingto the contrary contained in the Companies Act, 1956 (1 of 1956) or in anyother law for the time being in force or in the memorandum, articles ofassociation or any other instrument relating to the industrial concern, and anyprovision regarding share qualification, age-limit, number of directorships,removal from office of directors and such like conditions contained in any suchlaw or instrument aforesaid, shall not apply to any director appointed by theDevelopment Bank in pursuance of the arrangement as aforesaid. (2)Any director appointed as aforesaid shall-- (a)hold office during the pleasure of the Development Bank and may be removed orsubstituted by any person by order in writing of the Development Bank. (b)not incur any obligation or liability by reason only of his being a director orfor anything done or omitted to be done in good faith in the discharge of hisduties as a director or anything in relation thereto; (c)not be liable to retirement by rotation and shall not be taken into account forcomputing the number of directors liable to such retirement] .....
View Complete Act List Judgments citing this sectionState Bank of India Subsidiary Banks Act, 1959 Section 38A
Title: Arrangement with Subsidiary Banks on Appointment of Directors to Prevail
State: Central
Year: 1959
.....(2) Any Director appointed as aforesaid shall-- (a) hold office during the pleasure of the subsidiary bank and may be removed or substituted by any person by order in writing of the subsidiary bank; (b) not incur any obligation or liability by reason only of his being a Director or for anything done or omitted to be done in good faith in the discharge of his duties as a Director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of Directors liable to such retirement. __________________________ 1. Inserted by the Banking Law, (Amendment) Act, 1983 of 1984), Section 50 w.e.f. 15-2-1984.
View Complete Act List Judgments citing this sectionState Bank of India Act, 1955 Section 35-A
Title: Arrangement with the State Bank on Appointment of Directors to Prevail
State: Central
Year: 1955
.....pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall-- (a) hold office during the pleasure of the State Bank and may be removed or substituted by any person by order in writing of the State Bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.] ___________________ 1. Inserted by Act 1 of 1984, Section 43, (w.e.f. 15th February, 1984).
View Complete Act List Judgments citing this sectionNational Bank for Agriculture and Rural Development Act, 1981 Section 52A
Title: Agreement with National Bank on Appointment of Directors to Prevail
State: Central
Year: 1981
.....number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the National Bank in pursuance of the agreement as aforesaid. (2) Any director appointed as aforesaid shall-- (a) hold office during the pleasure of the National Bank and may be removed or substituted by any person by order in writing of the National Bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.] ________________________ 1. Inserted by National Bank For Agriculture And Rural Development (Amendment) Act, 2000 (55 of 2000)
View Complete Act List Judgments citing this sectionBanking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Section 16A
Title: Arrangement with Corresponding New Bank on Appointment of Directors to Prevail
State: Central
Year: 1970
.....of Directorship, removal from office of Director and such like conditions contained in any such law or instrument aforesaid, shall not apply to any Director appointed by the corresponding new bank in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall- (a) hold office during the pleasure of the corresponding new bank and may be removed or substituted by any person by order in writing of the corresponding new bank; (b) and incur any obligation or liability by reason only of his being a Director or for anything done or omitted to be done in good faith in the discharge of his duties as a Director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of Directors liable to such retirement.] _________________________ 1. Inserted by Act No. 1 of 1984, w.e.f. 15th. February, 1984.
View Complete Act List Judgments citing this sectionNational Housing Bank Act, 1987 Section 45A
Title: Arrangement with National Housing Bank on Appointment of Directors to Prevail
State: Central
Year: 1987
.....director-ships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the National Housing Bank in pursuance of the arrangement as aforesaid. (2) Any director appointed as aforesaid shall-- (a) hold office during the pleasure of the National Housing Bank and may be removed or substituted by any person by order in writing of the National Housing Bank; (b) not incur any obligation or liability by reasons only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duties as a director or anything in relation thereto; (c) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement.] ________________________ 1. Inserted by by National Housing Bank (Amendments) Act, 2000 (15 of 2000).
View Complete Act List Judgments citing this sectionKarnataka Highways Act, 1964 Section 74
Title: Provisions of This Act or Rules to Prevail over Inconsistent Provisions in Other Laws
State: Karnataka
Year: 1964
Save as provided in section 72, the provisions of this Act or rules made thereunder in regard to any matter dealt with thereby shall prevail over the provisions of any other law made by the State Legislature or any law which the State Legislature is competent to make or to amend, in so far as such law is inconsistent with the said provisions or rules, and such law to the extent of such inconsistency shall cease to apply or shall not apply to any such matter.
View Complete Act List Judgments citing this sectionBombay Highways Act, 1955, (Maharashtra) Section 73
Title: Provisions of This Act or Rules to Prevail over Inconsistent Provisions in Other Laws
State: Maharashtra
Year: 1955
Save as provided in section 72, the provisions of this Act or rules made thereunder in regard to any matter dealt with thereby shall prevail over the provisions of any other law made by the State Legislature or any law which the State Legislature is competent to make or to amend, insofar as such law is inconsistent with the said provisions or rules, and such law to the extent of such inconsistency shall cease to apply or shall not apply to any such matter.
View Complete Act List Judgments citing this sectionThe Orissa Tenancy Act, 1913 Complete Act
State: Orissa
Year: 1913
.....the landlord has not given his consent, to the transfer. (2) The holding or a portion or a share thereof shall not be liable to be sold in satisfaction of the decree for arrears of rent without making the said transferee a party to the proceedings in execution of the decree; provided that the transferee has given notice of transfer by registered post to the landlord. Explanation - Notwithstanding anything contained in this Act or in the Code of Civil Procedure, in the case of a transfer of a holding or a portion or a share thereof, whether before or after the decree may be brought on record in the proceedings in execution either in substitution of or in addition to the judgment-debtor, and such transferee shall, when so added or substituted, be treated as a judgment-debtor for all purposes of the said proceedings in execution of the decree. Section 32 - Presumption as to fair and equitable rent The rent for the time being payable by an occupancy raiyat shall be presumed to be fair and equitable until the contrary is proved. Section 33 - Restriction on enhancement of money rents Where an occupancy raiyat pays his rent in money, his rent shall not be enhanced, except.....
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