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Start Free TrialSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Chapter III
Title: Enforcement of Security Interest
State: Central
Year: 2002
.....management of the business of the borrower shall be entitled to any compensation for the loss of office or for the premature termination under this Act of any contract of management entered into by him with the borrower. (2) Nothing contained in sub-section (1) shall affect the right of any such managing director or any other director or manager of any such person in charge of management to recover from the business of the borrower, moneys recoverable otherwise than by way of such compensation. Section 17 - Right to appeal (1) Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter,1[may make an application along with such fee, as may be prescribed,] to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measure had been taken. 2["Provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower. Explanation- For the removal of doubts, it is hereby declared that the communication of reasons to the borrower by the.....
View Complete Act List Judgments citing this sectionPatents (Amendment) Act, 2002 Section 63
Title: Substitution of New Section for Section 157a
State: Central
Year: 2002
For section 157A of the principal Act, the following section shall be substituted, namely:-- '157A. Protection of security of India.--Notwithstanding anything contained in this Act, the Central Government shall-- (a) not disclose any information relating to any patentable invention or any application relating to the grant of patent under this Act, which it considers prejudicial to the interest of the security of India; (b) take any action including the revocation of any patent which it considers necessary in the interest of the security of India by issue of a notification in the Official Gazette to that effect. Explanation.--For the purposes of this section, the expression "security of India" includes any action necessary for the security of India which-- (i) relates to fissionable materials or the materials from which they are derived; or (ii) relates to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; or (iii) is taken in time of war or other emergency in international relations.'.
View Complete Act List Judgments citing this sectionHampi World Heritage Area Management Authority Act, 2002 Chapter I
Title: Preliminary
State: Karnataka
Year: 2002
.....into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of the Act. Section 2 - Definitions (1) In this Act unless the context otherwise requires,- (a) "Advisory Committee" means the State Level Advisory Committee constituted under section 6; (b) "Amenity" includes roads, bridges, streets, transport, lighting, water and electricity supply sewerage, drainage, public works, open spaces recreational grounds, parks and other conveniences, services or utilities; (c) "Appointed day" means the day appointed for bringing into force any or all the provisions of the Act; (d) "Authority" means the Hampi World Heritage Area Management Authority established under section3; (e) "Buffer Zone" means the area specified in Part-B of the Schedule; (f) "Chairperson" means the Chairperson of the Authority; (g) "Commissioner" means the Commissioner of the Authority appointed under section 7; (h) "Core Area Zone" means the area specified Part-A of the schedule; (i) "Cultural Heritage" means and includes Sri Virupaksheswara Temple, Krishna Temple, Achutaraya Temple, Vittala Temple, Hazararama.....
View Complete Act List Judgments citing this sectionCompetition Act, 2002 Complete Act
Title: Competition Act, 2002
State: Central
Year: 2002
.....dominant position Section29 - Procedure for investigation of combinations Section30 - Procedure in case of notice under sub-section (2) of section 6 Section31 - Orders of Commission on certain combinations Section32 - Acts taking place outside India but having an effect on competition in India Section33 - Power to issue interim orders Section34 - Power to award compensation [Omitted] Section35 - Appearance before Commission Section36 - Power of Commission to regulate its own procedure Section37 - Review of orders of Commission [Omitted] Section38 - Rectification of orders Section39 - Execution of order of Commission imposing monetary penalty Section40 - Appeal [Omitted] Chapter 5 Section41 - Director-General to investigate contraventions Chapter 6 Section42 - Contravention of orders of Commission Section42A - Compensation in case of contravention of orders of Commission Section43 - Penalty for failure to comply with directions of Commission and Director General Section43A - Power to impose penalty for non-furnishing of information on combinations Section44 - Penalty for making false statement or omission to furnish material information Section45 -.....
List Judgments citing this sectionCode of Civil Procedure (Amendment) Act, 2002 Section 12
Title: Amendment of Order Xviii
State: Central
Year: 2002
.....appointed by it: Provided that the Court may, while appointing a commission under this sub-rule, consider taking into account such relevant factors as it thinks fit: (3) The Court or the Commissioner, as the case may be, shall record evidence either in writing or mechanically in the present of the Judge or of the Commissioner, as the case may be, and where such evidence is recorded by the Commissioner he shall return such evidence together with his report in writing signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the suit. (4) The Commissioner may record such remarks as it thinks material respecting the demean our of any witness while under examination: Provided that any objection raised during the recording of evidence before the Commissioner shall be recorded by him and decided by the Court at the stage of arguments. (5) The report of the Commissioner shall be submitted to the Court appointing the commission within sixty days from the date of issue of the commission unless the Court for reasons to be recorded in writing extends the time. (6) The High Court or the District Judge, as the case may be,.....
View Complete Act List Judgments citing this sectionCompanies (Amendment) Act, 2002 Section 2
Title: Insertion of New Part Ixa
State: Central
Year: 2002
.....shall form part of the capital of the Producer Company. (8) Any reference to the inter-State co-operative society in any law other than this Act or in any contract or other instrument, shall be deemed to be reference to the Producer Company. (9) If, on the transformation date, there is pending any suit, arbitration, appeal or other legal proceeding of whatever nature by or against the inter-State co-operative society, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the incorporation of the Producer Company under section 581C or transformation of the inter-State co-operative society as a Producer Company under section 581J, as the case may be, but the suit, arbitration, appeal or other proceeding, may be continued, prosecuted and enforced by or against the Producer Company in the same manner and to the same extent as it would have, or may have been continued, prosecuted and enforced by or against the inter-State co-operative society as if the provisions contained in this Part had not come into force. 581M. Concession, etc., to be deemed to have been granted to Producer Company .-- With effect from the transformation.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 27
Title: Insertion of New Part Xc
State: Central
Year: 2002
.....Government to the Fund shall, so far as those particulars are based on information obtained under this section, be admissible as evidence of the facts stated in the list; and so far as particulars which are so admissible are based on information given by the person against whom the proceedings are brought, those particulars shall be presumed to be accurate until the contrary is proved. (5) No person shall disclose any information which has been furnished to or obtained by him under this section unless the disclosure is made, (a) with the consent of the person from whom the information was obtained; (b) in connection with the compliance of this section; (c) for the purpose of any legal proceedings arising out of this section or of any report of such proceedings. (6) A person who, (a) refuses or wilfully neglects to comply with a notice under this section; or (b) makes, while furnishing any information in compliance with a notice under this section, any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, shall be guilty of an offence punishable under this Act. 352W. Liability.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Section 14
Title: Amendment of Section 317
State: Central
Year: 2002
.....the following proviso shall be inserted, namely:- "Provided further that when the survey for the purpose of issue of certificate under sub-section (1) of section 316 is completed within three months before the expiry date of the existing certificate, the new certificate may be valid from the date of completion of such survey to a date not exceeding five years from the date of expiry of the existing certificate."; (ii) in sub-section (3), for the portion beginning with the words "shall cease" and ending with the words "Indian ship", the following shall be substituted, namely:- "shall cease to be valid when- (a) the ship ceases to be an Indian ship; (b) material alterations such as would necessitate the assignment of an increased free board have taken place in the hull or superstructure of the ship; (c) the fittings and appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crew's quarters are not maintained in an effective condition; (d) the structural strength of the ship is lowered to such an extent as to render the ship unsafe; (e) the certificate is not endorsed to prove that the ship has been surveyed.....
View Complete Act List Judgments citing this sectionMerchant Shipping (Amendment) Act, 2002 Chapter 2
Title: Amendment of the Merchant Shipping Act, 1958
State: Central
Year: 2002
.....constitute an admission of liability. Explanation 2. - For the purpose of this Part, the liability of a ship owner shall include liability in an action brought against the ship herself.". Section 18 - Substitution of new section for section 352B For section 352B of the principal Act, the following section shall be substituted, namely:- "352B. Limitation of liability. The amount to which any person referred to in sub-section (1) of section 352A may limit his liability in accordance with the provisions of the Convention and in cases where the provisions of the Convention are not applicable, the limit shall be in accordance with the rules made in this behalf prescribe.". Section 19 - Amendment of section 352C In section 352C of the principal Act,- (a) in the marginal heading, the words "against owner" shall be omitted; (b) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) Where any liability is alleged to have been incurred by a person referred to in sub-section (1) of section 352A in respect of claims arising out of an occurrence, and legal proceedings are instituted in respect of claims subject to limitation, then such person.....
View Complete Act List Judgments citing this sectionPre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 Section 22
Title: Amendment of Section 30
State: Central
Year: 2002
In section 30 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:-- "(1) If the Appropriate Authority has reason to believe that an offence under this Act has been or is being committed at any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other place, such Authority or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such Authority or officer considers necessary, such Genetic Counselling Centre Genetic Laboratory, Genetic Clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such Authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act.".
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