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Government of India Act, 1935 [Repealed] Section 238

Title: Provisions as to Certain Civilian Personnel

State: Central

Year: 1935

1[238. Provisions as to certain civilian personnel The provisions of the three last preceding sections shall apply in relation to persons who, not being members of His Majesty's forces hold, or have held, posts in India connected with the equipment or administration of those forces or otherwise connected with defence, as they apply relation to persons who are, or have been, members of those forces. ________________________ 1. Later, omitted by the India (Provisional Constitution) Order, 1947.

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Indian Contract Act, 1872 Section 238

Title: Effect, on Agreement, of Misrepresentation or Fraud by Agent

State: Central

Year: 1872

Misrepresentations made, or frauds committed, by agents acting in the course of their business for their principals, have the same effect on agreements made by such agents as if such misrepresentations or frauds had been made or committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters which do not fall within their authority, do not affect their principals. Illustration (a) A, being B's agent for the sale of goods, induces C to buy them by a misrepresentation, which he was not authorized by B to make. The contract is voidable, as between B and C, at the option of C. (b) A, the captain of B's ship, signs bills of lading without having received on board the goods mentioned therein. The bills of lading are void as between B and the pretended consignor.

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Income Tax Act, 1961 Section 238

Title: Person Entitled to Claim Refund in Certain Special Cases

State: Central

Year: 1961

(1) Where the income of one person is included under any provision of this Act in the total income of any other person, the latter alone shall be entitled to a refund under this Chapter in respect of such income. 1[(1A) Where the value of fringe benefits provided or deemed to have been provided by one employer is included under any provisions of Chapter XIIH in the value of fringe benefits provided or deemed to have been provided by any other employer, the latter alone shall be entitled to a refund under this Chapter in respect of such fringe benefits.] (2) Where through death, incapacity, insolvency, liquidation or other cause, a person is unable to claim or receive any refund due to him, his legal representative or the trustee or guardian or receiver, as the case may be, shall be entitled to claim or receive such refund for the benefit of such person or his estate. ___________________________ 1. Inserted by the Finance Act, 2005, with effect from 1st April, 2006.

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New Delhi Municipal Council Act 1994 Section 238

Title: Erection of Building

State: Central

Year: 1994

(1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Chairperson in such form and containing such information as may be prescribed by bye-laws made in this behalf. (2) Every such notice shall be accompanied by such documents and plans as may be so prescribed.

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Indian Succession Act, 1925 Section 238

Title: Probate of Contents of Lost or Destroyed Will

State: Central

Year: 1925

When a Will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence.

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Karnataka Municipal Corporations Act, 1976 Section 238

Title: Power to Affix Shafts, Etc., for Ventilation of Sewer or Cesspool

State: Karnataka

Year: 1976

For the purpose of ventilating any sewer or cesspool, whether vested in the corporation or not, the Commissioner may, in accordance with the bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to it to be necessary.

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Karnataka Municipalities Act, 1964 Section 238

Title: Using Offensive Manure, Etc.

State: Karnataka

Year: 1964

Whoever, except with the written permission of the municipal council, and in the manner, if any, enjoined in such permission stores or uses nightsoil or other manure or substance emitting an offensive smell shall be punished with fine which may extend to twenty-five rupees.

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Companies Act, 1956 Section 238

Title: Firm, Body Corporate or Association Not to Be Appointed as Inspector

State: Central

Year: 1956

No firm, body corporate or other association shall be appointed as an inspector under section 235 or 237.

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Code of Criminal Procedure, 1973 Section 238

Title: Compliance with Section 207

State: Central

Year: 1973

When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 207.

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Merchant Shipping Act, 1958 Section 238

Title: Notice to Be Given of Day of Sailing

State: Central

Year: 1958

(1) The master, owner or agent of1[a special trade passenger ship] or pilgrim ship so departing or proceeding shall give notice to an officer appointed in this behalf by the Central Government that the ship is to carry2[special trade passengers] or pilgrims and of her destination and of the proposed time of sailing. (2) The notice shall be given- (a) in the case of1[a special trade passenger ship,] not less than twenty-four hours before that time; (b) in the case of a pilgrim ship at the original port of departure, if in India, and in any other case at the first port at which she touches in India, not less than three days, and at all other ports not less than twenty-four hours, before that time. _______________________ 1. Substituted for the words "an unberthed passenger ship" by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2. 2. Substituted for the words "unberthed passengers" by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.

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