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Indian Penal Code (45 of 1860) Section 178

Title: Refusing Oath or Affirmation when Duly Required by Public Servant to Make It

State: Central

Year: 1860

Whoever refuses to bind himself by an oath1[or affirmation] to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. _______________________ 1. Repealed by Act 17 of 1862.

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Indian Contract Act, 1872 Section 178

Title: Pledge by Mercantile Agent

State: Central

Year: 1872

1 [178. Pledge by mercantile agent Wherea mercantile agent is, with the consent of the owner, in possession of goods orthe document of title to goods, any pledge made by him, when acting in theordinary course of business of a mercantile agent, shall be as valid as if hewere expressly authorised by the owner of the goods to make the same; providedthat the pawnee acts in good faith and has not at the time of the pledge noticethat the pawnor has not authority to pledge. Explanation.-In this section, the expressions 'mercantile agent' and 'documents of title'shall have the meanings assigned to them in the Indian Sale of Goods Act, 1930(3 of 1930). _______________________ 1. Section178 and 178A Substituted by Act 4 of 1930, section 2, for the original section178.

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Cantonments Act, 1924 Section 178

Title: Conditions of Service of Safaiwalas

State: Central

Year: 1924

.....Government] may, by notification in the Official Gazette, direct that on and from such date as may be specified in the notification, the provisions of this section shall apply in the case of any specified class of servants employed by a2[Board] whose functions intimately concern the public health or safety. (3) For the purpose of this section4["safaiwala" includes any lower grade employee] employed by a2[Board] in the removal or disposal of filth or rubbish. ________________________ 1. Substituted by Act 15 of 1983, section 99, for "sweeper" w.e.f. 1-10-1983. 2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority". 3. Substituted by the A.O. 1937 for "L.G.". 4. Substituted by Act 15 of 1983, section 99, for ' "sweeper" includes any menial servant', w.e.f. 1-10-1983.

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Indian Succession Act, 1925 Section 178

Title: Child Prima Facie Entitled to Legacy as Well as Portion

State: Central

Year: 1925

Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his Will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy, as well as the portion. Illustration A, by articles entered into in contemplation of his marriage with B covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken. A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions.

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Government of India Act, 1935 [Repealed] Section 178

Title: Special Provisions as to Existing Loans, Guarantees and Other Financial Obligations

State: Central

Year: 1935

.....revenues of the Province, all liabilities in respect of those loans and obligations shall, as from that date, be liabilities of the Government of and shall be secured upon the revenues of, the corresponding Province under this Act. (5) Any liabilities in respect of any such loan, guarantee or financialobligation as is mentioned in this section may be enforced in accordancewith the provisions of the next succeeding section. (6) The provisions of this section apply to the liabilities of the Secretaryof State in Council in respect of the Burma Railways three per cent.Debenture Stock, but, save as aforesaid, do not apply to any liability solelyin connection with the affairs of Burma or Aden. ________________________ 1.Omitted by the India (Provisional Constitution) Order, 1947. 2. The words 'and of the Indian Independence Act, 1947' were added, by the India (Provisional Constitution) Order, 1947.

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Army Act, 1950 Section 178

Title: Restriction of Rule-making Power in Regard to Corporal Punishment

State: Central

Year: 1950

Rules made under section 177 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under the law for the time being in force relating to civil prisons.

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Air Force Act, 1950 Section 178

Title: Cancellation of Conditional Pardon, Release on Parole or Remission

State: Central

Year: 1950

(1) If any condition on which a person has been pardoned or released on parole or a punishment has been remitted is, in the opinion of the authority which granted the pardon, release or remission, not fulfilled, such authority may cancel the pardon, release or remission, and thereupon the sentence of, the Court shall be carried into effect as if such pardon, release or remission had not been granted. (2) A person whose sentence of transportation, imprisonment or detention is carried into effect under the provisions of sub-section (1), shall undergo only the unexpired portion of his sentence.

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COMPANIES ACT, 1956 Section 178

Title: Chairman's declaration of result of voting by show of hands to be conclusive

State: Central

Year: 1956

A declaration by the chairman in pursuance of section 177 that on a show of hands, a resolution has or has not been carried, or has or has not been carried either unanimously or by a particular majority, and an entry to that effect in the books containing the minutes of the proceedings of the company, shall be conclusive evidence of the fact, without proof of the number or proportion of the votes cast in favour of or against such resolution.

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Navy Act, 1957 Section 178

Title: Termination of Liability of Commanding Officer, Committee, Prescribed Person and the Central Government

State: Central

Year: 1957

Any payment or application of money or delivery, sale or other disposition of any property made, or purported to be made by the commanding officer, the Committee or the prescribed person in good faith in pursuance of sections 171 to 176 shall be valid and shall fully absolve the commanding officer, the Committee or the prescribed person, as the case may be, as well as the Central Government from all liability in respect of the money or property so paid, applied or disposed of; but nothing herein contained shall be deemed to affect the right of any executor or administrator or other legal representative or of any creditor of the deceased against any person to whom any such payment or delivery as aforesaid has been made.

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Merchant Shipping Act, 1958 Section 178

Title: Meaning of Serving Seaman

State: Central

Year: 1958

A seaman shall, for the purposes of these provisions, be deemed to be a serving seaman during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seaman is finally discharged from such agreement.

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