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Home Bare Acts Phrase: proper feudsKarnataka Court-fees and Suits Valuation Act, 1958 Section 11
Title: Decision as to Proper Fee in Courts
State: Karnataka
Year: 1958
.....of the suit has not been properly valued or that the fee paid is not sufficient, the court shall follow the procedure laid down in sub-section (2). Explanation: Nothing in this sub-section shall apply to a defendant added as a successor or a representative in interest of a defendant who was on record before issues were framed on the merits of the claim and who had an opportunity to file a written statement pleading that the subject-matter of the suit was not properly valued or that the fee paid was not sufficient. (4) (a) Whenever a case comes up before a court of appeal, it shall be lawful for the court, either on its own motion or on the application of any of the parties, to consider the correctness of any order passed by the lower court affecting the fee payable on the plaint or in any other proceeding in the lower court and determine the proper fee payable thereon. Explanation: A case shall be deemed to come before a court of appeal even if the appeal relates only to a part of the subject-matter of the suit. (b) If the court of appeal decides that the fee paid in the lower court is not sufficient, the court shall require the party liable to pay the.....
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 60
Title: Right to Proper Trustees
State: Central
Year: 1882
.....B, the trustee, has improperly disposed of part of the trust-property, or that the property is in danger from B's being in insolvent circumstances, or that he is incapacitated from acting, as trustee. A may obtain a receiver of the trust-property. (b) A bequeaths certain jewels to B is trust for C, B dies during A's lifetime; then A dies, C is entitled to have the property conveyed to a trustee for him. (c) A conveys certain property to four trustees in trust for B. Three of the trustees die. B may institute a suit to have three new trustees appointed in the place of the deceased trustees. (d) A conveys certain properly to three trustees in trust for B. All the trustees disclaim. B may institute a suit to have three trustees appointed in place of the trustees so disclaiming. (e) A a trustee for B, refuses to act, or goes to reside permanently out of1[India] or is declared an insolvent, or compounds with his creditors, or suffers a co-trustee to commit a breach of trust. B may institute a suit to have A removed and a new trustee appointed in his room. _______________________ 1.Substituted by The A.O. 1950 for "the Provinces".
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 162
Title: Mode of Providing for Return of Seamen to Proper Return Port
State: Central
Year: 1958
.....other of these modes. (2) Provision shall be made for the return of the seaman as to the whole of the route if it is by sea or as to any part of the route which is by sea by placing the seaman on board an Indian ship which is in want of men to make up its complement, or, if that is not practicable, by providing the seaman with a passage in any ship, Indian or foreign, or with the money for his passage and, as to any part of the route which is by land or air, by paying the expenses of his journey and of his maintenance during the journey or providing him with means to pay those expenses, (3) Where the master of a ship is required under this Part to provide for the return of a discharged seaman to a proper return port, the master may, instead of providing the seaman's passage or the expenses of his journey or of providing the seaman with means to pay his passage or those expenses, deposit with the proper officer such sum as that officer considers sufficient to defray the expenses of the return of the seaman to a proper return port.
View Complete Act List Judgments citing this sectionMental Health Act, 1987 Section 25
Title: Order in Case of Mentally Ill Person Cruelly Treated or Not Under Proper Care and Control
State: Central
Year: 1987
.....proper care and control, or is ill-treated or neglected by any relative or other person having charge of such menially ill person, may report the fact to the Magistrate within the local limits of whose jurisdiction the mentally ill person resides. (3) If it appears to the Magistrate, on the report of a police officer or on the report or information derived from any other person, or otherwise that any mentally ill person within the local limits of his jurisdiction is not under proper care and control, or is ill -treated or neglected by any relative or other person having the charge of such mentally ill person, the Magistrate may cause the mentally ill person to be produced before him, and summon such relative or other person who is, or who ought to be in charge of, such mentally ill person. (4) If such relative or any other person is legally bound to maintain the mentally ill person, the Magistrate may, by order, require the relative or the other person to" take proper care of such mentally ill person and where such relative or other person wilfully neglects to comply with the said order, he shall be punishable with fine which may extend to two thousand rupees (5) If.....
View Complete Act List Judgments citing this sectionState Bank of India Subsidiary Banks Act, 1959 Section 25A
Title: Fit and Proper Status of an Elected Director
State: Central
Year: 1959
.....after giving to such director and the subsidiary bank a reasonable opportunity of being heard, by order, remove such director and on such removal, the Board of Directors shall co-opt any other person fulfilling the requirements of the said sub-sections as a director in place of the person so removed till a director is duly elected by the shareholders of the subsidiary bank in the next annual general meeting and the person so co-opted shall be deemed to have been duly elected by the shareholders of the subsidiary bank as a director.] ______________________________________ 1. Inserted by the State Bank of India (Subsidiary Banks Laws) Amendment Act, 2007 (Act No. 30 of 2007)
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Section 127I
Title: Power of Settlement Commission to Send a Case Back to the Proper Officer
State: Central
Year: 1962
.....the Settlement Commission in the proceedings before it, send the case back to the proper officer who shall thereupon dispose of the case in accordance with the provisions of this Act as if no application under section 127B had been made. (2) For the purpose of sub-section (1), the proper officer shall be entitled to use all the materials and other information produced by the assessee before the Settlement Commission or the results of the inquiry held or evidence recorded by the Settlement Commission in the course of the proceedings before it as if such materials, information, inquiry and evidence had been produced before such proper officer or held or recorded by him in the course of the proceedings before him. (3) For the purposes of the time limit under section 28 and for the purposes of interest under section 28AA, in a case referred to in sub-section (1), the period commencing on and from the date of the application to the Settlement Commission under section 127B and ending with the date of receipt by the officer of customs of the order of the Settlement Commission sending the case back to the officer of customs shall be excluded.
View Complete Act List Judgments citing this sectionCompanies Act, 1956 Section 541
Title: Liability Where Proper Accounts Not Kept
State: Central
Year: 1956
.....of the company who is in default shall, unless he shows that he acted honestly and that in the circumstances in which the business of the company was carried on, the default was excusable, be punishable with imprisonment for a term which may extend to one year. (2) For the purposes of sub-section (1), it shall be deemed that proper books of account have not been kept in the case of any company, if there have not been kept (a) such books of accounts as are necessary to exhibit and explain the transactions and financial position of the business of the company, including books containing entries made from day to day in sufficient detail of all cash received and all cash paid; and (b) where the business of the company has involved dealings in goods, statements of the annual stocktakings and (except in the case of goods sold by way of ordinary retail trade) of all goods sold and purchased, showing the goods and the buyers and sellers thereof in sufficient detail to enable those goods and those buyers and sellers to be identified.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 48
Title: Application for Performance on Certain Day to Be at Proper Time and Place
State: Central
Year: 1872
When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business. Explanation. The question "what is a proper time and place" is, in each particular case, a question of fact.
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Section 40
Title: Export Goods Not to Be Loaded Unless Duly Passed by Proper Officer
State: Central
Year: 1962
The person-in-charge of a conveyance shall not permit the loading at a customs station (a) of export goods, other than baggage and mail bags, unless a shipping bill or bill of export or a bill of transhipment, as the case may be, duly passed by the proper officer, has been handed over to him by the exporter; (b) of baggage and mail bags, unless their export has been duly permitted by the proper officer.
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 105
Title: Cost of Altering, Repairing and Keeping in Proper Order Privies Etc.
State: Karnataka
Year: 1993
(1) All sewers, drains , privies, water closets, house-gullies and cesspools within a panchayat area shall, unless constructed at the cost of the Grama Panchayat be altered, repaired, and kept in proper order at the cost and charges of the owner of the land and buildings to which the same belong, or for the use of which they are constructed or continued, and the Grama Panchayat may, by written notice, require such owner to alter, repair and put the same in good order in such manner as it thinks fit. (2) The Grama Panchayat may, by written notice, require the owner to demolish or close any privy or cesspool whether constructed before or after the coming into force of this Act, which in the opinion of the Grama Panchayat, is a nuisance, or is so constructed as to be inaccessible for the purposes of scavenging or incapable of being properly cleansed or kept in good order.
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