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Karnataka Municipalities Act, 1964 Chapter X

Title: Prosecutions, Suits and Powers of Police

State: Karnataka

Year: 1964

.....under this Act, for such sum of money or other compensation as it shall deem sufficient: Provided that, if any sanction in the making of any contract is required by this Act, the like sanction shall be obtained for compounding or compromising any claim or demand arising out of such contract. (2) The municipal council may make compensation out of the municipalfund to any person sustaining any damage by reason of the exercise of any of the powers vested in it, its officers, and servants under this Act. (3) The municipal fund shall be liable to pay the expenses of any civilproceedings prosecuted or defended on behalf of the municipal council. Section 283 - Bar of suits against municipal area, its officers, servants, etc., for acts done in good faith 283. Bar of suits against1[municipal area], its officers, servants, etc., for acts done in good faith.-- No suit shall lie in respect of anything in good faith done or intended to be done under this Act against any municipal council or against any committee constituted under this Act or against any officer or servant of a municipal council or against any person acting under and in accordance with the directions of any such.....

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Code of Civil Procedure, 1908 Section 85

Title: Persons Specially Appointed by Government to Prosecute or Defend on Behalf of Foreign Rulers

State: Central

Year: 1908

(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order, appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code may be made or done on behalf of such Ruler. (2) An appointment under this section may be made for the purpose of a specified suit or of several specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or defend on behalf of such Ruler. (3) A person appointed under this section may authorise or appoint any other persons to make appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.

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Bombay Prohibition Act, 1949, (Maharashtra) Section 146A

Title: Limitation of Prosecutions or Suits Against Officers

State: Maharashtra

Year: 1949

.....the time being in force, as within the aforesaid period of four months it was possible to present; or (b) in the case of an action for damages, if tender of sufficient amends shall have been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant. (2) Subject to the provisions of Section 197 of the2Code of Criminal Procedure. 1898, no Court shall take cognizance of an offence committed or alleged to have been committed by any prohibition, police or other officer or any person empowered to exercise powers or to perform functions under this Act, in regard to anything done under this Act, until the sanction of the Collector having jurisdiction has been obtained. ______________________ 1. Sections 146A and 146B were inserted by Bom. 22 of 1960, s. 96. 2. For this now see Code of Criminal Procedure, 1973, (2 of 1974).

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Census Act 1948 Section 12

Title: Sanction Required for Prosecutions

State: Central

Year: 1948

1[12. Sanction required for prosecutions Without prejudice to the provisions of Section 197 of the Code of Criminal Procedure, 1973 (2 of 1974), no prosecution under this Act shall be instituted except with the previous sanction, -- (a) In the case of a person who is employed or was at the time of commission of the alleged offence employed-- (i) in a company, as defined in Section 3 of the Companies Act, 1956 (1 of 1956), in which not less than fifty-one per cent of the paid-up capital is held by the Central Government or any company which is a subsidiary thereof within the meaning of that Act, or (ii) By a corporation or a local authority established by or under a Central Act which is owned or controlled by the Central Government, of the Central Government or of an authority authorised in this behalf by that Government; and (b) In the case of a person other than referred to in clause (a) of the State Government."] ___________________________ 1. Substituted by the Census (Amendment) Act 1993 (Act 11 of 1994) w.e.f 14.01.1994.

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Bombay Police Act, 1951, (Maharashtra) Section 161

Title: Suits or Prosecutions in Respect of Acts Done Under Colour of Duty as Aforesaid Not to Be Entertained, or to Be Dismissed if Not Instituted Within the Prescribed Period

State: Maharashtra

Year: 1951

.....of any such, duty or authority as aforesaid, or wherein it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be dismissed, if instituted, more than six months after the date of the act complained of: 4 [Provided that, any such prosecution against a Police Officer may be entertained by the Court, if instituted with the previous sanction of the State Government within two years from the date of the offence.] In suits as aforesaid one month's notice of suit to be given with sufficient description of wrong complained of. (2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrong-doer one month's notice at least of the intended suit with sufficient description of the wrong complained of, failing which such suit shall be dismissed. Plaint to set forth service of notice and tender of amends. (3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service, and shall state whether any, and if any, what tender of amends.....

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Bombay Police Act, 1951, (Maharashtra) Section 157

Title: Presumption in Prosecutions for Contravention of Directions Issued Under Section 55, 56, 57, 57a or 63aa

State: Maharashtra

Year: 1951

157. Presumption in prosecutions for contravention of directions issued under section 55, 56, 1 [57, 57A or 63AA]. Notwithstanding anything contained in any law for the time being in force, in a prosecution or an offence for the contravention of a direction issued under section 55, 56, 1 [57, 57A or 63AA] on the production of an authentic copy of the order, it shall, until the contrary is proved and the burden of proving which shall lie on the accused, be presumed-- (a) that the order was made by the authority competent under this Act to make it; (b) that the authority making the order was satisfied that the grounds on or the purpose for which it was made existed, and that it was necessary to make the same; and (c) that the order was otherwise valid and in conformity with the provisions of this Act. ___________________ 1. These figures, letters and word were substituted for the figures, word and letters "57 or 63AA" by Mah. 15 of 1976, s. 4, Schedule.

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Bombay Drugs (Control) Act, 1959, (Maharashtra) Section 36

Title: Limitation of Prosecutions or Suits Against Officers

State: Maharashtra

Year: 1959

All prosecutions of any officer or person empowered to exercise powers or to perform duties or discharge functions under this Act, and all actions which may be lawfully brought against the Government or any of the aforesaid officers or persons in respect of anything done or alleged to have been done in pursuance of this Act, shall be instituted within four months from the date of the act complained of, and not afterwards; and any such action shall be dismissed - (a) if the plaintiff does not prove that, previously to bringing such action, he has presented all such appeals or applications for revision allowed by or under this Act or by or under any other law for the time being in force, as within the aforesaid period of four months it was possible to present; or (b) in the case of an action for damages, if the tender of sufficient amends has been made before the action was brought, or if after the institution of the action a sufficient sum of money is paid into Court with costs, by or on behalf of the defendant.

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Public Servants (Inquiries) Act, 1850 Section 6

Title: Security for Accuser Left by Government to Prosecute

State: Central

Year: 1850

Where the imputations shall have been made by an accuser, and the Government shall think fit to leave to him the conduct of the prosecution, the Government before appointing the commission shall require him to furnish reasonable security that he will attend and prosecute the charge thoroughly and effectually, and also will be forthcoming to answer any counter-charge or action which may be afterwards brought against him for malicious prosecution or perjury or subornation of perjury, as the case may be.

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Police Act, 1861 Section 36

Title: Power to Prosecute Under Other Law Not Affected

State: Central

Year: 1861

Nothing contained in this Act shall be construed to prevent any person from being prosecuted under any other Regulation or Act for any offence made punishable by this Act, or from being liable under any other Regulation or Act or any other or higher penalty of punishment than is provided for such offence by this Act: Proviso.-Provided that no person shall be punished twice for the same offence. {Substituted by Act 8 of 1895, section 14, for the original sections.37 to 40 }

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Karnataka Municipalities Act, 1964 Section 276

Title: Municipal Council May Prosecute

State: Karnataka

Year: 1964

.....expenses of such prosecutions or other proceedings to be paid out of the municipal fund: Provided that no prosecution for an offence under this Act or rule or byelaw framed thereunder shall be instituted, except within six months next after the date of the commission of such offence, or the date on which the commission or existence of such offence was first brought to the notice of the Municipal Commissioner or Chief Officer. (2) Any prosecution under this Act or under any rule or bye-law madethereunder may, save as therein otherwise provided, be instituted before any magistrate of the first class, and every fine or penalty imposed under or by virtue of this Act or any rule or bye-law made thereunder, and also all claims to compensation or other expenses for the recovery of which no special provision is otherwise made in this Act, may be recovered on application to such magistrate, by the distress and sale of any movable property within the limits of his jurisdiction belonging to the person from whom the money is claimable. (3) In case any fine, costs, tax or other sum of money imposed, assessedor recoverable by a magistrate under this Act or under any rule or bye-law.....

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