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Indian Penal Code (45 of 1860) Section 138

Title: Abetment of Act of Insubordination by Soldier, Sailor or Airman

State: Central

Year: 1860

Whoever abets what he knows to be an act of insubordination by an officer, soldier,1[sailor or airman], in the Army,2[Navy or Air Force] of the3[Government of India], shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. ___________________ 1. Substituted by Act 10 of 1927, section 2 and Schedule I. for "or sailor". 2. Substituted by Act 10 of 1927, section 2 and Schedule I. for "or Navy". 3. Substituted by the A.O. 1950, for "Queen".

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Indian Contract Act, 1872 Section 138

Title: Release of One Co- Surety Does Not Discharge Others

State: Central

Year: 1872

Where there are co-sureties, a release by the creditor of one of them does not discharge the others; neither does it free the surety so released from his responsibility to the other sureties.1 _______________________ 1. See section 44, supra.

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Indian Evidence Act 1872 Section 138

Title: Order of Examinations

State: Central

Year: 1872

Witnesses shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. The examination and cross-examination must relate to relevant facts but the cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief. Direction of re-examination.The re-examination shall be directed to the explanation of matters referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in re-examination, the adverse party may further cross-examine upon that matter.

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Negotiable Instruments Act, 1881 Section 138

Title: Dishonour of Cheque for Insufficiency, Etc., of Funds in the Account

State: Central

Year: 1881

.....notice in writing, to the dr awer of the cheque,2[within thirty days] of the receipt of information by hi m from the bank regarding the return of the cheque as unpaid; and (c) the dr awer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Explanation.-- For the purposes of this section, "debt or other liability" me ans a legally enforceable debt or other liability.] ____________________ 1 . Substituted b y Act 55 of 2002 , sec. 7 , for "a term which may be extended to one year" (w .e.f . 6 - 2 - 2003 ). 2 . Substituted b y Act 55 of 2002 , sec. 7 , for "within fifteen days" (w .e.f . 6 - 2 - 2003 ).

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Code of Civil Procedure, 1908 Section 138

Title: Powerof High Court to Require Evidence to Be Recorded in English

State: Central

Year: 1908

1 138. Power of High Court to require evidence to be recorded in English (1) The 2 [High Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the notification, or falling under a description set forth therein, that evidence in cases in which an appeal is allowed shall be taken down by him in the English language and in manner prescribed. (2) Where a Judge is prevented by any sufficient reason from complying with a direction under sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his dictation in open Court. ___________________ 1. For section 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act, 1941 (Assam Act 2 of 1941), section 2. 2. Substituted by Act 4 of 1914, section 2 and Schedule, Pt. I, for "L.G.".

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Cantonments Act, 1924 Section 138

Title: Removal of Congested Buildings

State: Central

Year: 1924

.....thereof to remove them: Provided that the1[Board] shall make compensation to the owners for any buildings so removed which may have been erected under proper authority: Provided, further, that the1[Board] may, if it considers it equitable in the circumstances so to do, pay to the owners such sum as it thinks fit as compensation for any buildings so removed which have been erected under proper authority. (4) For the purposes of this section "buildings" includes enclosure, walls and fences appertaining to buildings. ________________________ 1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority". 2. Substituted by the A.O. 1937, for "of the Government". 3. Substituted by Act 24 of 1936, section 39, for the original clause.

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Indian Succession Act, 1925 Section 138

Title: Direction That Fund Be Employed in Particular Manner Following Absolute Bequest of Same to or for Benefit of Any Person

State: Central

Year: 1925

Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. Illustration A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A or to place A in any business. A choses to receive the legacy in money. He is entitled to do so.

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Government of India Act, 1935 [Repealed] Section 138

Title: Taxes on Income

State: Central

Year: 1935

.....[Federal]1b Government requires him so to do. (3) Where an Act of the [Federal]1Legislature imposes a surcharge for [Federal]1purposes under this section, the Act shall provide for the payment by each [Federated]2State in which taxes on income are not leviable by such basis as may be prescribed with a view to securing that the contribution shall be the equivalent, as near as may be, of the net proceeds which it is estimated would result from the surcharge if it were leviable in that State, and the State shall become liable to pay that contribution accordingly. (4) In this section-- "taxes on income" does not include a corporation tax; "prescribed" means prescribed by [His Majesty in Council]7; and "Federal emoluments" includes all emoluments and pensions payable out of the revenues of the [Federation]1or of the Federal Railway Authority in respect of which income-tax is chargeable. ________________________ 1. Substituted, by the India (Provisional Constitution) Order, 1947., by the word 'Dominion'. 2. Substituted, by the India (Provisional Constitution) Order, 1947., by the word 'Acceding'. 3. See the Government of India (Distribution of Revenues) Order, 1936.....

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Bombay Prohibition Act, 1949, (Maharashtra) Section 138

Title: Revision

State: Maharashtra

Year: 1949

1[138. Revision The State Government may call for and examine the record of any proceeding before any Prohibition Officer including that relating to the grant or refusal of a licence, permit, pass or authorisation under this Act for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed in, and as to the regularity of, any such proceeding and may when calling for such record, direct that the order be not given effect to pending the examination of the record. On examining the record, it may either annul, reverse, modify or confirm such order, or pass such other order as it may deem fit.] _____________________ 1. This section was Substituted for the original by Bom. 22 of 1960, s. 90.

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Army Act, 1950 Section 138

Title: Examination of a Witness on Commission

State: Central

Year: 1950

.....by counsel or, except in the case of an accused person in custody, in person, and may examine, cross-examine and re-examine, as the case may be. the said witness. (3) After a commission issued under section 137 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Judge-Advocate General. (4) On receipt of a commission and deposition returned under sub-section (3), the Judge-Advocate General shall forward the same to the court at whose instance the commission was issued or, if such court has been dissolved, to any other court convened for the trial of the accused person; and the commission, the return thereto and the deposition shall be open to inspection by the prosecutor and the accused person, and may, subject to all just exceptions, be read in evidence in the case by either the prosecutor or the accused, and shall form part of the proceedings of the court. (5) In every- case in which a commission is issued under section 137, the trial may be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

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