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Mulki Rules Act, 1972 Section 5

Title: Repeal of Mulki Rules Except as to Appointments to Certain Posts

State: Central

Year: 1972

The Mulki Rules, except in so far as those Rules relate-- (a) to appointment to any First Schedule post; and (b) to appointment to any Second Schedule post for the purpose of filling of a Telengana vacancy, are hereby repealed, but such repeal shall not affect the validity of any appointment previously made in pursuance of those Rules.

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Code of Civil Procedure, 1908 Rule 1 to 5

Title: Temporary Injuctions

State: Central

Year: 1908

.....the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain. ______________________ 1. Rule 1 renumbered as sub-rule (1) of that rule by Act 46 of 1999, section 30 and section 30 of the Act 46 of 1999, by which it was so re-numbered, has been omitted by Act 22 of 2002, section 16 (w.e.f. 1-7-2002). 2. Substituted by Act 104 of 1976, section 86(i)(a), "for defraud" (w.e.f. 1-2-1977). 3. Inserted by Act 104 of 1976, section 86(i)(b) (w.e.f. 1-2-1977). 4. Sub-rule (2) inserted by Act 46 of 1999, section 30 and section 30 of the Act 46 of 1999, by which sub-rule (2) it was so inserted, has been omitted by Act 22 of 2002, section 15(a) (w.e.f. 1-7-2002). 5 . Sub-rules (3) and (4) omitted by Act 104 of 1976, section 86(ii) (w.e.f. 1-2-1977). 6. Inserted by Act 104 of 1976, section 86(iii) (w.e.f. 1-2-1977). 7. Inserted by Act 104 of 1976, section 86(iv) (w.e.f. 1-2-1977). 8. Inserted by Act 104 of 1976, section 86(v) (w.e.f. 1-2-1977). 9. Inserted by Act 104 of 1976, section 86(vi) (w.e.f. 1-2-1977).

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Code of Civil Procedure, 1908 Rule 5 to 8

Title: Stay of Proceedings and of Execution

State: Central

Year: 1908

.....anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.] 6. Security in case of order for execution of decree appealed from (1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security. (2) Where an order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of. .....

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Code of Civil Procedure, 1908 Rule 5 to 13

Title: Attachment Before Judgment

State: Central

Year: 1908

.....to an attachment made before judgment which continues after the judgment by virtue of the provisions of rule 11. (2) An attachment made before judgment in a suit which is dismissed for default shall not become revived merely by reason of the fact that the order for the dismissal of the suit for default has been set aside and the suit has been restored.] 12. Agricultural produce not attachable before judgment Nothing in this Order shall be deemed to authorize the plaintiff to apply for the attachment of any agricultural produce in the possession of an agriculturist, or to empower the Court to order the attachment or production of such produce. 3[13. Small Cause Court not to attach immovable property Nothing in this Order shall be deemed to empower any Court of Small Causes to make an order for the attachment of immovable property.] ___________________ 1. Inserted by Act 104 of 1976, section 85(i) (w.e.f. 1-2-1977). 2. Substituted by Act 104 of 1976, section 85(ii), for rule 8 (w.e.f. 1-2-1977). 3. Inserted by Act 1 of 1926, section 4.

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Code of Civil Procedure, 1908 Rule 1 to 5

Title: Appointment of Receivers

State: Central

Year: 1908

.....rents and profits, and the execution of documents as the owner himself has, or such of those powers as the Court thinks fit. (2) Nothing in this rule shall authorize the Court to remove from the possession or custody of property any person whom any party to the suit has not a present right so to remove. 2. Remuneration The Court may by general or special order fix the amount to be paid as remuneration for the services of the receiver. 3. Duties Every receiver so appointed shall-- (a) furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive in respect of the property; (b) submit his accounts at such periods and in such form as the Court directs; (c) pay the amount due from him as the Court directs; and (d) be responsible for any loss occasioned to the property by his wilful default or gross negligence. 4. Enforcement of receiver's duties Where a receiver (a) fails to submit his accounts at such periods and in such form as the Court directs, or (b) fails to pay the amount due from him as the Court directs, or (c) occasions loss to the property by his wilful default or gross negligence, the Court may direct.....

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Income Tax Act, 1961 Chapter III

Title: Incomes Which Do Not Form Part of Total Income

State: Central

Year: 1961

.....him as an employee of the employer from whose service he has retired; (10B) any compensation received by a workman under the Industrial Disputes Act, 1947 (14 of 1947), or under any other Act or Rules, orders or notifications issued thereunder or under any standing orders or under any award, contract of service or otherwise, at the time of his retrenchment: Provided that the amount exempt under this clause shall not exceed (i) an amount calculated in accordance with the provisions of clause (b) of section 25F of the Industrial Disputes Act, 1947 (14 of 1947); or (ii) such amount, not being less than fifty thousand rupees, as the Central Government may, by notification in the Official Gazette, specify in this behalf, whichever is less : Provided further that the preceding proviso shall not apply in respect of any compensation received by a workman in accordance with any scheme which the Central Government may, having regard to the need for extending special protection to the workmen in the undertaking to which such scheme applies and other relevant circumstances, approve in this behalf. Explanation : For the purposes of this clause (a) compensation received by a.....

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Income Tax Act, 1961 Chapter X

Title: Special Provisions Relating to Avoidance of Tax

State: Central

Year: 1961

.....mean of such prices: Provided further that if the variation between the arms length price so determined and price at which the international transaction has actually been undertaken does not exceed five per cent. of the latter, the price at which the international transaction has actually been undertaken shall be deemed to be the arms length price.] (3) Where during the course of any proceeding for the assessment of income, the Assessing Officer is, on the basis of material or information or document in his possession, of the opinion that (a) the price charged or paid in an international transaction has not been determined in accordance with sub-sections (1) and (2) ; or (b) any information and document relating to an international transac­tion have not been kept and maintained by the assessee in accordance with the provisions contained in sub-section (1) of section 92D and the rules made in this behalf ; or (c) the information or data used in computation of the arms length price is not reliable or correct ; or (d) the assessee has failed to furnish, within the specified time, any information or document which he was required to furnish by a notice issued under.....

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Income Tax Act, 1961 Section 92C

Title: Computation of Arms Length Price.

State: Central

Year: 1961

.....to the nature of transaction or class of transaction or class of associated persons or functions performed by such persons or such other relevant factors as the Board may prescribe2, namely : (a) comparable uncontrolled price method ; (b) resale price method ; (c) cost plus method ; (d) profit split method ; (e) transactional net margin method ; (f) such other method as may be prescribed3 by the Board. (2) The most appropriate method referred to in sub-section (1) shall be applied, for determination of arms length price, in the manner as may be prescribed4: 5[Provided that where more than one price is determined by the most appropriate method, the arms length price shall be taken to be the arithmetical mean of such prices: Provided further that if the variation between the arms length price so determined and price at which the international transaction has actually been undertaken does not exceed five per cent. of the latter, the price at which the international transaction has actually been undertaken shall be deemed to be the arms length price.] (3) Where during the course of any proceeding for the assessment of income, the Assessing Officer is, on the.....

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Income Tax Act, 1961 Section 12A

Title: Conditions as to Registration of Trusts, Etc.

State: Central

Year: 1961

..... Provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the provisions of section 11 and section 12 shall apply in relation to the income of such trust or institution, (i) from the date of the creation of the trust or the establishment of the institution if the 3[***] Commissioner is, for reasons to be recorded in writing, satisfied that the person in receipt of the income was prevented from making the application before the expiry of the period aforesaid for sufficient reasons; (ii) from the 1st day of the financial year in which the application is made, if the 3[***] Commissioner is not so satisfied: 1[Provided further that the provisions of this clause shall not apply in relation to any application made on or after the 1st day of June, 2007;] 1[(aa) the person in receipt of the income has made an application for registration of the trust or institution on or after the 1st day of June, 2007 in the prescribed form and manner to the Commissioner and such trust or institution is registered under section 12AA;] (b) where the total income of the trust or institution as computed under this Act.....

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Indian Boilers Act, 1923 (5 of 1923) Section 5

Title: Chief Inspectors, Deputy Chief Inspector and Inspectors

State: Central

Year: 1923

.....w.e.f. 06-05-1960 Prior to Substitution Section 5 stood as follows "5. Appointment of Chief Inspectors and Inspectors.- (1) The State Government may appoint such persons as it thinks fit to be Inspector for the State for the purposes of this Act, and may define, the local limits within which each Inspector shall exercise the powers and perform the duties conferred and imposed on Inspector by or under this Act. (2) The State Government shall likewise appoint a person to be Chief Inspector for the State, who, may, in addition to the powers and duties." Substituted for "Certificates of Competency" 2. Inserted by the Indian Boilers (Amendment) Act, 2007 [Act No. 49 of 2007].

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