Bare Act Search Results

Indian Contract Act, 1872 Chapter 8

Title: Of Indemnity and Guarantee

State: Central

Year: 1872

.....of a certain sum of 200 rupees. This is a contract of indemnity. Section 125 - Rights of indemnity- holder when sued The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor (1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies; (2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit; (3) all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit. Section 126 - Contract of guarantee, Surety, Principal debtor and creditor A contract of guarantee is a contract to perform the promise, or discharge the liability, of a.....

Indian Contract Act, 1872 Section 129

Title: Continuing Guarantee

State: Central

Year: 1872

A guarantee which extends to a series of transactions is called a 'continuing guarantee'. Illustrations (a) A, in consideration that B will employ C in collecting the rent of B's zamindari, promises B to be responsible, to the amount of 5,000 rupees, for the due collection and payment by C of those rents. This is a continuing guarantee. (b) A guarantees payment to B, a tea- dealer, to the amount of 100, for any tea he may from time to time supply to C. B supplies C with tea to above the value of 100, and C pays B for it. Afterwards B supplies C with tea to the value of 200. C fails to pay. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the extent of 100. (c) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. B delivers five sacks to C. C pays for them. Afterwards B delivers four sacks to C, which C does not pay for. The guarantee given by A was not a continuing guarantee, and accordingly he is not liable for the price of the four sacks.

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....

Code of Civil Procedure, 1908 Appendix A

Title: Pleadings

State: Central

Year: 1908

.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

Companies Act, 1913 Complete Act

State: Central

Year: 1913

.....its ordinary original civil jurisdiction; (7) "existing company "means a company formed and registered under the (Companies Act, 1866), or under any Act or Acts repealed thereby, or under (Companies Act, 1882): (8) " Insurance company " means a company that carries on the business of insurance either solely or in common with any other business or businesses: (9) "manager " means a person who, subject to the control and direction of the directors has the management of the whole affairs of a company, and includes a director or any other person occupying the position of a manager by whatever name called and whether under a contract of service or not: (9A) " managing agent " means a person, firm or company entitled to the management of the whole affairs of a company by virtue of an agreement with the company, and under the control and direction of the directors except to the extent, if any, otherwise provided for in the agreement and includes any person, firm or company occupying such position by whatever name called : Explanation.-If a person occupying the position of a managing agent calls himself a manager he shall nevertheless be regarded as managing agent and not as manager for.....

Prevention of Food Adulteration Act,1954 Section 2

Title: Definitions

State: Central

Year: 1954

.....artificial colouring or chemical preservative, without a declaratory label stating that fact, or in contravention of the requirements of this Act or rules made thereunder; (k) if it is not labelled in accordance with the requirements of this Act or rules made thereunder; (x) "package" means a box, bottle, casket, tin, barrel, case, receptacle, sack, bag, wrapper or other thing in which an article of food is placed or packed; (xi) "premises" include any shop, stall, or place where any article of food is sold or manufactured or stored for sale; (xii) "prescribed" means prescribed by rules made under this Act; 6 [(xiia) "primary food" means any article of food, being a produce of agriculture or horticulture in its natural form;] (xiii) "sale" with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article; (xiv).....

The Prevention of Food Adulteration Act, 1954 Complete Act

State: Central

Year: 1954

THE PREVENTION OF FOOD ADULTERATION ACT, 1954 THE PREVENTION OF FOOD ADULTERATION ACT, 1954 (37 of 1954) [Act as on Date - Modified up to 1995] [29th September 1954] An Act to make provision for the prevention of adulteration of food. (1) This Act may be called The prevention of Food Adulteration Act, 1954. (2) It extends to the whole of India a*[..................]. (3) It shall come into force on such date b*[ ]as the Central Government may, by notification in the Official Gazette, appoint. [a] Words "except the State of Jammu and Kashmir" omitted by the Prevention of Food Adulteration (Amendment) Act, 1971 (41 of 1971), section 2 (26-1-1972). [b] 1st June 1955" S.R.O.1085, dated 9th May, 1955, published in Gaz.of Ind., 21-5-1955, Pt.II, S.3, p.874. In this Act, unless the context otherwise requires,- a* [ (i) "adulterant" means any material which is or could be employed for the purposes of adulteration; ] a*[(ia)] "adulterated" " an article of food shall be deemed to be adulterated- (a) if the article sold by a vendor is a not of the nature, substance or quality demanded by the purchaser and is to his prejudice, or is not of the.....

Karnataka Sales Tax Act, 1957 Schedule II

Title: Second Schedule

State: Karnataka

Year: 1957

.....oil but does not include kerosene, furnace oil, coal, coke or charcoal. (ii) "Petrol" means dangerous petroleum as defined in the Petroleum Act1934 (Central Act XXX of 1934) and includes a mixture of power alcohol, as defined in the Indian Power Alcohol Act 1948 (Central Act XXII of 1948) and Petrol. Explanation V.-- (i) Where timber, rosewood and sandal wood in log form specified under serial number 9 of Part 'T' have been purchased from the Forest Department of Government the subsequent sales of such timber, rosewood and sandal wood in log form shall not be liable to tax under section 5 of the Act, provided that the Forest Department has collected tax on the said sales and the burden of proving that tax has been so collected by the Forest Department shall be on the dealer. (ii) For the purpose of serial number 9 of Part T "timber, rosewood andsandalwood in cut or manufactured form" shall include door or window frames and shutters but exclude furniture. Explanation VI.--"Toilet article" means any article which is intended for use in the toilet of the human body or in perfuming apparel of any description or any substance intended to cleanse, improve or alter the.....

Bombay Weights and Measures (Enforcement) Act, 1958 Complete Act

State: Maharashtra

Year: 1958

.....Maharashtra Adaptation of Laws (State and Concurrent subjects) Order, 1960. *The provisions of the standards of Weights and Measures (Enforcement) Act, 1985 (Act No. 54 of 1985) have been brought into force, with effect from the 1st July 1987, in the whole of the State of Maharashtra, vide G. N., Food and Civil Supplies Department, No. WMA-1086/2516/XXX, dated the 29th June 1987 and on such enforcement, the corresponding provisions of this Act stand repealed as provided in section 75 of the said Central Act. G.N., I. & L.D., No. WMA. 1066/52814-IND-III, dated the 5th October 1967 (M.G., Pt. IV-B, p. 2255) In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Born. LXIX of 1958), the Government of Maharashtra hereby appoints the 15th day of October 1967 to be the date on which the said Act shall, in relation to all classes of undertakings and all classes of goods (except those classes of undertakings and those classes of goods in respect of which all or any of the provisions of that Act, have already been brought into force) come into force in the whole of State of Maharashtra. SECTION 02: DEFINITIONS.....