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Transfer of Property Act, 1882 Section 27

Title: Conditional Transfer to One Person Coupled with Transfer to Another on Failure of Prior Disposition

State: Central

Year: 1882

Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor. But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposition fails in that manner. Illustrations (a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after A's death, and, if he should neglect to do so, to C. B dies in A's life-time. The disposition in favour of C takes effect. (b) A transfers property to his wife; but, in case she should die in his life-time, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died.....

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Foreign Contribution (Regulation) Act, 1976 Section 5

Title: Organisation of a Political Nature Not to Accept Foreign Contribution Except with the Prior Permission of the Central Government

State: Central

Year: 1976

.....the organisation or the ideology propagated by the organisation or the programme of the organisation or the association of the organisation with the activities of any political party, by an order published in the Official Gazette, specify in this behalf. (2) (a) Except with the prior permission of the Central Government, no person, resident in India, and no citizen of India, resident outside India, shall accept any foreign contribution, or acquire or agree to acquire any foreign currency, on behalf of an organisation referred to in sub-section (1). (b) Except with the prior permission of the Central Government, no person, resident in India, shall deliver any foreign currency to any person if he knows or has reasonable cause to believe that such other person intends, or is likely, to deliver such currency to an organisation referred to in sub-section (1). (c) Except with the prior approval of the Central Government, no citizen of India, resident outside India, shall deliver any currency, whether Indian or foreign, which has been accepted from any foreign source, to- (i) any organisation referred to in sub-section (1), or (ii) any person, if he knows or has reasonable.....

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Karnataka Co-operative Societies Act, 1959 Section 87

Title: Right of Agriculture and Rural Development Bank to Pay Prior Debts of Mortgagor

State: Karnataka

Year: 1959

.....Bank] for payment of prior debts of the mortgagor, the Bank may, notwithstanding the provisions of sections 83 and 84 of the Transfer of Property Act, 1882, (Central Act IV of 1882) by notice in writing, require any person to whom any such debt is due, to receive payment of such debt or part thereof from the bank at its registered office within such period as may be specified in the notice. (2) Where any such person fails to receive such notice or such payment,such debt or part thereof, as the case may be, shall cease to carry interest from the expiration of the period specified in the notice: Provided that where there is a dispute as regards the amount of any such debt, the person to whom such debt is due shall be bound to receive payment of the amount offered by the 1 [Agriculture and Rural Development Bank] towards the debt, but such receipt shall not prejudice the right, if any, of such person, to recover the balance claimed by him. (3) For purposes of determining the particulars of prior debts referred toin sub-section (1), any officer of the 1 [State Agriculture and Rural Development Bank] or of the 1 [Agriculture and Rural Development Bank], authorised in this.....

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Patents Act, 1970 (39 of 1970) Section 39

Title: Residents Not to Apply for Patents Outside India Without Prior Permission

State: Central

Year: 1970

.....on behalf the Controller, make or cause to be made any application outside India for the grant of a patent for an invention relevant for defence purposes or related to atomic energy unless- (a) an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and (b) either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked. (2) The Controller shall not grant written permission to any person to make any application outside India without the prior consent of the Central Government. (3) This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.] ________________________ * Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.

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Braithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act, 1976 Section 5

Title: Central Government or the Government Company Not to Be Liable for Prior Liable for Prior Liabilities

State: Central

Year: 1976

.....against that Government company. (2) For the removal of doubts, it is hereby declared that,- (a) save as otherwise expressly provided in this section or in any other provision of this Act, no liability of the Company in respect of any period prior to the appointed day, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6 to vest in a Government company, against that Government company; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the Company, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6 to vest in a Government company, against that Government company; (c) no liability incurred by the Company before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6, to vest in a Government company, against that.....

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Indian Succession Act, 1925 Section 116

Title: Bequest to Take Effect on Failure of Prior Bequest

State: Central

Year: 1925

.....The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void. (ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, and if no son of A shall attain that age, to B. A and B survive the testator. The bequest to B is intended to take effect upon failure of the bequest to such of A's sons as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void. ______________________ 1. Substituted by Act 21 of 1929, section 14, for the original section.

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Provident Funds Act, 1925 Section 6A

Title: Witholding or Recovery of Government Contributions in Case of Central Government Officers Taking Up, Without Prior Permission, Commercial Employment Within Two Years of their Retirement.

State: Central

Year: 1925

.....under this Section to a Central Government officer for taking up any commercial employment the Central Government shall have regard to the following factors, namely: (a) the nature of the employment proposed to be taken up and the antecedent of the employment ; (b) whether his duties in the employment which he proposes to take up might be such as to bring him into conflict with Government: (c) whether the officer white in service had any such dealing with the employer under whom he proposes to seek employment as might afford a reasonable basis for the suspicion that such officer had shown favour to such employer : (d) any other relevant factors which may be prescribed. (5) Where within a period of sixty days of the date of receipt of an application under sub-Section (3), the Central Government does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the Central Government shall be deemed to have granted the permission applied for. (6) Where the Central Government grants the permission applied for subject to any condition or refuses such permission, the applicant may, within thirty days of the receipt of the order of the.....

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Indian Succession Act, 1925 Section 129

Title: Bequest to a and on Failure of Prior Bequest to B

State: Central

Year: 1925

Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator. Illustrations (i) A bequeaths a sum of money to his own children surviving him, and, if they all die under 18, to B. A dies without having ever had a child. The bequest to B takes effect. (ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A's death and, if he should neglect to do so, to C. B dies in the testator's life-time. The bequest to C takes effect.

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Coal Mines (Nationalisation) Act, 1973 Section 7

Title: Central Government or Government Company Not to Be Liable for Prior Liabilities

State: Central

Year: 1973

.....manager or managing contractor of a coal mine, in respect of any period prior to the appointed day, shall be the liability of such owner, agent, manager or managing contractor, as the case may be, and shall be enforceable against him and not against the Central Government or the Government company. (2) For the removal of doubts, it is hereby declared that-- (a) save as otherwise provided elsewhere in this Act, no claim for wages, bonus royalty, rate, rent, taxes, provident fund, pension, gratuity or any other dues in relation to a coal mine in respect of any period prior to the appointed day, shall be enforceable against the Central Government or the Government company; (b) no award, decree or order of any court, tribunal or other authority in relation to any coal mine passed after the appointed day, but in relation to any matter, or dispute which arise before that day, shall be enforceable against the Central Government or the Government company; (c) no liability for the contravention, before the appointed day, of any provision of law for the time being in force, shall be enforceable against the Central Government or the Government company.

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Textile Undertakings (Nationalisation) Act,1995 Section 5

Title: Owner to He Liable for Certain Prior Liabilities

State: Central

Year: 1995

.....and when such wages, salaries or other dues become due and payable. (3) For the removal of doubts, it is hereby declared that, (a) save as otherwise expressly provided in this section or in any other section of this Act, no liability, other than the liability specified in sub-section (2) in relation to a textile undertaking, in respect of any period prior to the appointed day, shall be enforceable against the Central Government or the National Textile Corporation; (b) no award, decree or order of any Court, tribunal or other authority in relation to any textile undertaking, passed after the appointed day, in respect of any matter, claim or dispute in relation to any matter not referred to in sub-section (2) which arose before that day shall be enforceable against the Central Government or the National Textile Corporation; (c) no liability of any textile undertaking or any owner thereof in relation to any textile undertaking before the appointed day, for the contravention of any provision of law for the time being in force, shall be enforceable against the Central Government or the National Textile Corporation.

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