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Home Bare Acts Phrase: representativeLegal Representatives Suits Act, 1855 Preamble 1
Title: Legal Representatives Suits Act, 1855
State: Central
Year: 1855
.....person " rep.by Act 9 of 1871, Sch.I.For limitation see now the Indian Limitation Act, 1908 (9 of 1908} Short title given by the Indian Short Titles Act, 1897 (14 of 1897). This Act has been declared to be in force in the whole of India, except Part B States and the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s.3. It has also been declared in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s.3 and Sch.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s.3 and Sch.; and in the Santhl Parganas by the Santhal Parganas Settlement Regulation (3 of 1872), s.3. It has been declared, by notification under s.3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:- West Jalpaiguri............... See Gazette of India, 1881, Pt.I, p.74. The Districts of Hazaibagh, Lohardaga (now the Ranchi District, see Calcutta Gazette, 1899, Pt.I, p.44), and Mnbhum, and Pargana Dhalbhum.and .....
View Complete Act List Judgments citing this sectionLegal Representatives Suits Act, 1855 Complete Act
Title: Legal Representatives Suits Act, 1855
State: Central
Year: 1855
Preamble1 - LEGAL REPRESENTATIVES SUITS Act, 1855 Section1 - Executors may sue and be sued in certain cases for wrongs committed in lifetime of deceased Section2 - Death of either party not be abate suit. Proviso
List Judgments citing this sectionIncome Tax Act, 1961 Section 159
Title: Legal Representatives
State: Central
Year: 1961
.....legal representative shall be personally liable for any tax payable by him in his capacity as legal representative if, while his liability for tax remains undischarged, he creates a charge on or disposes of or parts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with. (5) The provisions of sub-section (2) of section 161, section 162 and section 167 shall, so far as may be and to the extent to which they are not inconsistent with the provisions of this section, apply in relation to a legal representative. (6) The liability of a legal representative under this section shall, subject to the provisions of sub-section (4) and sub-section (5), be limited to the extent to which the estate is capable of meeting the liability.
View Complete Act List Judgments citing this sectionLEGAL REPRESENTATIVES' SUITS ACT, 1855 Complete Act
State: Central
Year: 1855
.....of certain wrongs which, according to the present law, do not survive to or against such executors, administrators or representatives. It is enacted as follows :- SECTION 01: EXECUTORS MAY SUE AND BE SUED IN CERTAIN CASES FOR WRONGS COMMITTED IN LIFETIME OF DECEASED An action may be maintained by the executors, administrators or representatives of any person deceased, for any wrong committed in the lifetime of such person, which has occasioned pecuniary loss to his estate, for which wrong an action might have been maintained by such person, so as such wrong shall have been committed within one year before his death4[* * *]; and the damages when recovered, shall be part of the personal estate of such person: and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death 5[* * *]; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English.....
List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 36
Title: Death of Representative Watandar to Be Reported; Name of Heir to Be Registered
State: Maharashtra
Year: 1874
.....watandar in place of the watandar so deceased: Provided that-- (1) in determining who is the nearest heir for the purposes of this section the rule of lineal primogeniture shall be presumed to prevail in the watan family; (2) in any case where the deceased watandar was not a sole representative watandar, if his nearest heir is not a member of the branch of the family to which the deceased watandar belonged but is another representative watandar of the same watan or is a member of the branch of another representative watandar of the same watan, the share entered in the register against the name of the deceased watandar shall-- (a) if there is only one remaining representative watandar of the same watan who is descended from the same original watandar as the deceased, pass to that remaining representative watandar, (b) if there are more than one such remaining representative watandars, be divided among such remaining representative watandars in proportion to their shares and the register shall be corrected accordingly: (3) 2[if any person shall by production of a decree] of a competent Court, satisfy the Collector that he is entitled to have his name.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 162
Title: Right of Representative Assessee to Recover Tax Paid
State: Central
Year: 1961
(1) Every representative assessee who, as such, pays any sum under this Act, shall be entitled to recover the sum so paid from the person on whose behalf it is paid, or to retain out of any moneys that may be in his possession or may come to him in his representative capacity, an amount equal to the sum so paid. (2) Any representative assessee, or any person who apprehends that he may be assessed as a representative assessee, may retain out of any money payable by him to the person on whose behalf he is liable to pay tax (hereinafter in this section referred to as the principal), a sum equal to his estimated liability under this Chapter, and in the event of any disagreement between the principal and such representative assessee or person as to the amount to be so retained, such representative assessee or person may secure from the Assessing Officer a certificate stating the amount to be so retained pending final settlement of the liability, and the certificate so obtained shall be his warrant for retaining that amount. (3) The amount recoverable from such representative assessee or person at the time of final settlement shall not exceed the amount specified in such.....
View Complete Act List Judgments citing this sectionBombay Hereditary Offices Act, 1874, (Maharashtra) Section 49
Title: Cases Where Collector, Instead of the Representative Watandar, Shall Appoint a Deputy
State: Maharashtra
Year: 1874
.....with any requisition of the Collector to serve in person or to appoint a deputy under section 42, 43, 47 or 48, within two months from the date thereof; (d) where the first person nominated by the representative watandar is rejected under section 45, and the second person nominated is also rejected under that section; (e) where the representative watandar declines to appoint a person as his deputy in accordance with section 53; (f) where a deputy appointed by the Collector under any of the above clauses dies or resigns.] ______________ 1. Sections 46, 47, 48 and 49 was substituted by section 2 of the Bombay Hereditary Offices Act, 1910 (Bom. 3 of 1910). 2. As to local repeal of sections 46 to 49, see Bom. 6 of 1887.
View Complete Act List Judgments citing this sectionDiplomatic Immunities Conferences with Common-wealth Countries and Republic of Ireland Act 1961 Section 1
Title: Diplomatic Immunities of Commonwealth Representatives Attending Conferences
State: Central
Year: 1961
.....this section in relation to any conference shall include a statement of the date from which the list or amendment takes or took effect; and the fact that any person is or was included or not included at any time among the persons entitled to diplomatic immunities as representatives attending the conference or as members of the official staff of any such representative may, if a list of those persons has been so published, be conclusively proved by producing the Gazette containing the list or, as the case may be, the last list taking effect before that time, together with the Gazettes (if any) containing notices of the amendments taking effect before that time, and by showing that the name of that person is or was at that time included or not included in the said list. (4) A person who is a member of the official staffer a representative of the government of a country to which this section applies and is not entitled under the foregoing provisions of this section to any immunity except in respect of things done or omitted to be done in the course of the performance of his duties, shall be entered in a separate part of any list compiled by the Secretary of State under.....
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 161
Title: Liability of Representative Assessee
State: Central
Year: 1961
.....the same extent as it would be leviable upon and recoverable from the person represented by him. (1A) Notwithstanding anything contained in sub-section (1), where any income in respect of which the person mentioned in clause (iv) of sub-section (1) of section 160 is liable as representative assessee consists of, or includes, profits and gains of business, tax shall be charged on the whole of the income in respect of which such person is so liable at the maximum marginal rate: Provided that the provisions of this sub-section shall not apply where such profits and gains are receivable under a trust declared by any person by will exclusively for the benefit of any relative dependent on him for support and maintenance, and such trust is the only trust so declared by him. Explanation: [Omitted by the Finance (No. 2) Act, 1991, with effect from 1st April, 1991.] (2) Where any person is, in respect of any income, assessable under this Chapter in the capacity of a representative assessee, he shall not, in respect of that income, be assessed under any other provision of this Act.
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 288
Title: Appearance by Authorised Representative
State: Central
Year: 1961
.....income-tax practitioner within the meaning of clause (iv) of sub-section (2) of section 61 of the Indian Income-tax Act, 1922 (11 of 1922), and was actually practising as such. Explanation: In this section, "accountant" means a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949), and includes, in relation to any State, any person who by virtue of the provisions of subsection (2) of section 226 of the Companies Act, 1956 (1 of 1956), is entitled to be appointed to act as an auditor of companies registered in that State. (3) 2a[***] (4) No person - (a) who has been dismissed or removed from Government service after the 1st day of April, 1938 ; or (b) who has been convicted of an offence connected with any income-tax proceeding or on whom a penalty has been imposed under this Act, other than a penalty imposed on him under clause (ii) of subsection (1) of section 271 ; or (c) who has become an insolvent, shall be qualified to represent an assessee under sub-section (1), for all times in the case of a person referred to in clause (a), for such time as the Chief Commissioner or Commissioner may by order determine in the case of a.....
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