Bare Act Search Results

The Prevention of Food Adulteration Act, 1954 Complete Act

State: Central

Year: 1954

.....to perform all or any of the functions of the Director under this Act : a* [ Provided that not person who has any financial interest in the manufacture, import or sale of any article of food shall be appointed to be a Director under this clause; ] [a] Proviso added by the Prevention of Food Adulteration (Amendment) Act, 1976 (34 of 1976), S.2 (1-4-1976). a* [ (v) "food" means any article used as food or drink for human consumption other than drugs and water and includes- (a) any article which ordinarily enters into, or is used in the composition or preparation of, human food, (b) any flavouring matter or condiments, and (c) any other article which the Central Government may, having regard to its use, nature, substance or quality, declare, by notification in the Official Gazette, as food for the purposes of this Act ;] [a] Substituted by the Prevention of Food Adulteration (Amendment) Act, 1976 (34 of 1976), S.2 (1-4-1976). a* [ (vi) "Food (Health) Authority" means the Director of Medical and Health Services or the Chief Officer in charge of Health Administration in a State, by whatever designation he is known, and includes any officer empowered by the.....

The Legal Practitioners Fees Rules, 1973 Complete Act

State: Tamil Nadu

Year: 1973

.....and includes an Advocate, Vakil, Attorney or Pleader authorised by any law for the time being in force to practice before Civil Courts. (2) The fact of a promissory note or other agreement to pay the fee having been given or made by the client does not entitle the legal practitioner to certify that he has received the fee. CASE LAW (1) Change of Counsel" Previous Counsel cannot insist upon fees till conclusion of proceedings. Work, however, completed by previous Counsel till settlement of issues and leading evidence on behalf of party partly " Trial of suits thus, partly concluded. One-fourth of scheduled fees under the Tamil Nadu Legal Practitioners' Fees Rules directed to be paid by party. Counsel directed to give unconditional consent to engage another advocate. [C.S. Venkata Subramanian versus State Bank of India (AIR 1997 SC 2329)]. (2) Pleaders fees should be commensurate with the volume and quantum of expertise put in the respective cases by the Legal Practitioners. Legal Practitioners work is more onerous in the case of mortgage suit based on negotiable instruments and loan. Suit based on a mortgage should necessarily fall under Rule 3 (2) (b) of the Legal.....

Food Safety and Standards Act, 2006 Chapter X

Title: Adjudication and Food Safety Appellate Tribunal

State: Central

Year: 2006

.....69 - Power to compound offences (1) The Commissioner of Food Safety may, by order, empower the Designated Officer, to accept from petty manufacturers who himself manufacture and sell any article of food, retailers, hawkers, itinerant vendors, temporary stall holders against whom a reasonable belief exists that he has committed an offence or contravention against this Act, payment of a sum of money by way of composition of the offence which such person is suspected to have committed. (2) On the payment of such sum of money to such officer, the suspected person, if in custody, shall be discharged and no further proceedings in respect of the offence shall be taken against such person. (3) The sum of money accepted or agreed to be accepted as composition under subsection (1), shall not be more than one lakh rupees and due regard shall be made to the guidelines specified in section 49: Provided that no offence, for which punishment of imprisonment has been prescribed under this Act, shall be compounded. Section 70 - Establishment of Food Safety Appellate Tribunal (1) The Central Government or as the case may be, the State Government may, by notification, establish.....

Food Safety and Standards Act, 2006 Section 73

Title: Power of Court to Try Cases Summarily

State: Central

Year: 2006

Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), all offences not triable by a Special Court, shall be tried in a summary way by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such a trial: Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code.

Colonial Courts of Admiralty Act, 1890 Section 15

Title: Interpretation

State: Central

Year: 1890

In the construction of this Act, unless the context otherwise requires-- The expression "representative legislature" means, in relation to a British possession, a legislature comprising a legislative body of which at least one-half are elected by inhabitants of the British possession. The expression "unlimited civil jurisdiction" means civil jurisdiction unlimited as to the value of the subject-matter at issue, or as to the amount that may be claimed or recovered. The expression "judgment" includes a decree, order, and sentence. The expression "appeal" means any appeal, rehearing, or review; and the expression "local appeal" means an appeal to any Court inferior to Her Majesty in Council. The expression "Colonial law" means any Act, ordinance, or other law having the force of legislative enactment in a British possession and made by any authority, other than the Imperial Parliament of Her Majesty in Council, competent to make laws for such possession.

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 36A

Title: Certain Offences to Be Tried Summarily

State: Central

Year: 1940

.....Court of Session) under this Act], punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (1) of section 33-I, shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness who has been examined and proceed to hear or rehear the case in the manner provided by.....

Negotiable Instruments Act, 1881 Section 143

Title: Power of Court to Try Cases Summarily

State: Central

Year: 1881

.....term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate sh all after hearing the parties, record an ord er to that effect and thereafter recall any witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code. ( 2 ) The trial of a case under this section sh all, so far as practicable, consistently with the interests of justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded in writing. ( 3 ) Every trial under this section sh all be conducted as expeditiously as possible and an endeavour sh all be made to conclude the trial within six months from the date of filing of the complaint. ___________________ 1. Sections 143 to 147 Inserted by Act 55 of 2002, sec. 10 (w .e.f. 6- 2- 2003).

Negotiable Instruments Act, 1881 Amending Act 1

Title: Amendment Act

State: Central

Year: 1881

.....thinks fit, and sh all, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein. 246 . B ank's slip prima facie evidence of certain facts.--The Court sh all, in respect of every proceeding under this Chapter, on production of bank's slip or me mo having thereon the official mark denoting that the cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is disproved. 247 . Offences to be compoundable.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974 ), every offence punishable under this Act sh all be compoundable." CHAPTER III AMENDMENT TO THE B ANKERS' B OOKS EVIDENCE ACT, 1891 11 . Amendment of section 2 In section 2 of the B ankers' B ooks Evidence Act, 1891 ( 18 of 1891 ),-- (a) for clause ( 3 ), the following clause sh all be sub stituted, namely:-- '( 3 ) "bankers' books" include ledgers, day-books, cash-books, account-books and all other records used in the ord inary business , of the bank, whether these records are kept in written form or stored in a . m icro film, magnetic tape or in.....

Merchant Shipping Act, 1958 Part XII

Title: Investigation and Inquiries

State: Central

Year: 1958

.....the Central Government or a2[Metropolitan Magistrate] may remove the master of any ship within his jurisdiction if the removal is shown to his satisfaction to be necessary, (2) The removal may be made upon the application of the owner of any ship or his agent, or of the consignee of the ship or of any certificated officer or of one-third or more of the crew of the ship. (3) The3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be; may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiction, such an appointment shall not be made without the consent of that owner, agent or consignee. (4) The3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be] may also make such order and require such security in respect of the cost of the matter as he thinks fit. _______________________ 1. Substituted for the words "Magistrate of the first class" by the Merchant Shipping (Amdt.) Act, 1983(12 of 1983),Section 17 and the Schedule, Item 12(a) (18-5-l983). 2. Substituted for the words "presidency Magistrate" by the Merchant Shipping (Amdt.) Act,.....

Merchant Shipping Act, 1958 Section 382

Title: Rehearing

State: Central

Year: 1958

Re-Hearing Of Cases (1) Whenever an investigation or inquiry has been held by a court or by a Marine Board under this Part, the Central Government may order the case to be reheard either generally or as to any part thereof, and shall so order-- (a) if new and important evidence which could not be produced at the investigation has discovered, or (b) if for any other reason there has, in its opinion, been a miscarriage of justice. (2) The Central Government may order the case to be reheard by the court or Marine Board as the case may be consisting of the same members or other members as the Central Government may deem fit.