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Home Bare Acts Phrase: retractionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....
List Judgments citing this sectionRepealing and Amending Act, 1978 Section 4
Title: Savings
State: Central
Year: 1978
.....or discharge of or from any debt, penalty, obligation, liability, claim or demand or nay indemnity already granted, or the proof of any past act or thing; Nor shall this act affect any principle or rule or law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, retraction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognized or derived by, in our from any enactment hereby repealed; Nor shall the repeal by this act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.
View Complete Act List Judgments citing this sectionAncient Monuments and Archaeological Sites and Remains Act, 1958 Section 38
Title: Power to Make Rules
State: Central
Year: 1958
.....archaeological officer or a licensee under clause (a) of sub-section (1) of section 23; (e) the form in which application s for permission under section 19 or section 25 may be made and the particulars which they should contain (f) the form and manner of preferring appeals under this Act and the time within which they may be preferred; (g) the manner of service of any order or notice under this Act; (h) the manner in which excavations and other like operations for archaeological purposes may be carried on; (i) any other matter which is to be or may be prescribed. (3) Any rule made under this section may provide that a breach thereof shall be punishable,- (i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both; (ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees; (iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees. (4) All rules made under this section shall be.....
View Complete Act List Judgments citing this sectionAncient Monuments Preservation Act, 1904 [Repealed] Repealing Act 1
Title: Ancient Monuments and Archaeological Sites and Remains Act, 1958
State: Central
Year: 1904
.....be of national importance. (4) A notificationpublished under sub-section (3)shall, unless and until it is withdrawn, be conclusive evidence of the fact thatthe ancient monument or the archaeological site and remains to which it relatesis of national importance for the purposes of this Act. 5. Acquisition of rights in a protected monument (1) TheDirector-General may, with thesanction of the Central Government, purchase, or take a lease of, or accept agift or bequest of, any protected monument. (2) Where a protectedmonument is without an owner, the Director-General may, by notification in the Official Gazette, assume theguardianship of the monument. (3) The owner of anyprotected monument may, by written instrument, constitute the Director-Generalthe guardian of the monument, and the Director-Generalthe guardian of the monument, and the Director-General may, with the sanction of the Central Government, acceptsuch guardianship. (4) When the Director-Generalhas accepted the guardianship of a monument under sub-section(3), the owner shall, except asexpressly provided in this Act, have the same estate, right, title and interestin and to the monument as if the.....
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Chapter VII
Title: Miscellaneous
State: Central
Year: 1930
.....dealing between the parties, or by usage, if the usage is such as to bind both parties to the contract. Section 63 - Reasonable time a question of fact Where in this Act any reference is made to a reasonable time, the question what is a reasonable time is a question of fact. Section 64 - Auction sale In the case of sale by auction-- (1) where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (2) the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is made, any bidder may retract his bid; (3) a right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; (4) where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such.....
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 64
Title: Auction Sale
State: Central
Year: 1930
In the case of sale by auction-- (1) where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale; (2) the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is made, any bidder may retract his bid; (3) a right to bid may be reserved expressly by or on behalf of the seller and, where such right is expressly so reserved, but not otherwise, the seller or any one person on his behalf may, subject to the provisions hereinafter contained, bid at the auction; (4) where the sale is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person; and any sale contravening this rule may be treated as fraudulent by the buyer; (5) the sale may be notified to be subject to a reserved or upset price; (6) if the seller makes use of pretended bidding to raise the price, the sale is voidable at the option of the buyer.
View Complete Act List Judgments citing this sectionAncient Monuments Remains Act, 1958 Section 38
Title: Power to Make Rules
State: Central
Year: 1958
.....archaeological officer or a licensee under clause (a) of sub-section (1) of section 23; (e) the form in which application s for permission under section 19 or section 25 may be made and the particulars which they should contain (f) the form and manner of preferring appeals under this Act and the time within which they may be preferred; (g) the manner of service of any order or notice under this Act; (h) the manner in which excavations and other like operations for archaeological purposes may be carried on; (i) any other matter which is to be or may be prescribed. (3) Any rule made under this section may provide that a breach thereof shall be punishable,-- (i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both; (ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees; (iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees. (4) All rules made under this section shall.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 6
Title: Testamentary Succession
State: Central
Year: 1925
.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 11
Title: Of Conditional Bequests
State: Central
Year: 1925
.....may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120. Section 136 - Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over Where a bequest is made with a condition super-added that, unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Illustrations (i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 128
Title: Fulfilment of Condition Precedent to Vesting of Legacy
State: Central
Year: 1925
.....C only. A has not fulfilled the condition. (iv) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A obtains the unconditional assent of B, C and D to his marriage with E. Afterwards B, C and D capriciously retract their consent. A marries E. A has fulfilled the condition. (v) A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries without the consent of B, C and D, but obtains their consent after the marriage. A has not fulfilled the condition. (vi) A makes his Will whereby he bequeaths a sum of money to B if B shall marry with the consent of A's executors. B marries during the lifetime of A, and A afterwards expresses his approbation of the marriage. A dies. The bequest to B takes effect. (vii) A legacy is bequeathed to A if he executes a certain document within a time specified in the Will. The document is executed by A within a reasonable time, but not within the time specified in the Will. A has not performed the condition, and is not entitled to receive the legacy.
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