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Government of India Act, 1833 [Repealed] Section 38

Title: Presidency of Fort William in Bengal to Be Divided into Two Presidencies

State: Central

Year: 1833

* * *1the territories now subject to the government of the presidency of Fort William in Bengal shall be divided into two distinct presidencies, one of such presidencies in which shall be included Fort William aforesaid, to be styled the Presidency of Fort William in Bengal, and the other of such presidencies to be styled the Presidency of Agra; The court of directors to declare the limits from time to time of the several presidencies.--And it shall be lawful for the said court of directors under the control by this Act provided, and they are hereby required to declare and appoint what part or parts of any of the territories under the government of the said company shall from time to time be subject to the government of each of the several presidencies now subsisting or to be established as aforesaid, and from time to time, as occasion may require, to revoke and alter, in the whole or in part, such appointment, and such new distribution of the same as shall be deemed expedient. ____________________________ 1. Enacting words repealed (U.K.), 51&52 Vict., c. 57 (S.L.R.).

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Bengal Bonded Warehouse Association Act, 1838 Section 38

Title: Dissolution of Association by Resolution of Proprietors

State: Central

Year: 1838

1* * * The said Association may at any time be dissolved by a resolution to that effect of two-thirds in number and value of the proprietors qualified to vote at two successive extraordinary meetings specially called for the purpose of taking into consideration the expediency of such dissolution ; provided that not less than three months shall have elapsed between the first and second of such two extraordinary meetings. __________________ 1.The words "And it is hereby enacted, that" omitted by Act 12 of 1891 ,s. 2 and Sch. I.

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Government of India Act, 1858 [Repealed] Section 38

Title: As to Removal of Officers by Her Majesty

State: Central

Year: 1858

Any Writing under the Royal Sign Manual, removing or dismissing any Person holding any Office, Employment, or Commission, Civil or Military, in India, of which, if this Act had been passed, a Copy would have been required to be transmitted or delivered within Eight Days after being signed by Her Majesty to the Chairman or Deputy Chairman of the Court of Directors shall, in lieu thereof, be communicated within the Time aforesaid to the Secretary of State in Council.

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Indian Penal Code (45 of 1860) Section 38

Title: Persons Concerned in Criminal Act May Be Guilty of Different Offences

State: Central

Year: 1860

Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act. Illustration A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z's death, B is guilty of murder, and A is guilty only of culpable homicide.

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Police Act, 1861 Section 38

Title: Procedure Until Return is Made to Warrant of Distress[Repealed]

State: Central

Year: 1861

[Procedure until return is made to warrant of distress] Repealed; by the Police Act (1861) Amendment Act, 1895 (8 of 1895), section 14.

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Bombay Civil Courts Act, 1869 Section 38

Title: Appointment, Etc., of Ministerial Officers

State: Central

Year: 1869

[Repealed by A.O. 1937.]

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Divorce Act, 1869 Section 38

Title: Courtmay Direct Payment of Alimony to Wife or to Her Trustee

State: Central

Year: 1869

In all cases in which the Court makes any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the court, and may impose any terms or restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it appears to the Court expedient so to do.

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Bombay Civil Courts Act, 1869, (Maharashtra) Section 38

Title: [Repealed]

State: Maharashtra

Year: 1869

38. [Appointment etc. of ministerial officers] Omitted by the Adaptation of Indian Laws Order in Council.

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Coroners Act, 1871 Section 38

Title: Power to Appoint Deputy

State: Central

Year: 1871

Every Coroner may from time to time, with the previous sanction of the State Government, appoint, by writing under his hand, a proper person to act for him as his deputy in the holding of inquests {The words "and such deputy shall take and subscribe, before one of the Judges of the High Court, an oath that he will faithfully discharge the duties of office" were rep.by Act 18 of 1873}. All inquests taken and other acts done by any such deputy, under or by virtue of any such appointment, shall be deemed to be the acts of the Coroner appointing him: Revocation of appointment.- Provided that no such deputy shall act for any such Coroner except during the illness of the said Coroner, or during his absence for any lawful and reasonable cause. Exemption from serving on juries.- Every such appointment may at any time be cancelled and revoked by the Coroner by whom it was made.

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Indian Contract Act, 1872 Section 38

Title: Effect of Refusal to Accept Offer of Performance

State: Central

Year: 1872

.....of what he is bound by his promise to do; (3) if the offer is an offer to deliver anything to the promisee, the promisee must have a reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his promise to deliver. (4) An offer to one of several joint promisees has the same legal consequences as an offer to all of them. Illustration A contracts to deliver to B at his warehouse, on the 1st March, 1873, 100 bales of cotton of a particular quality. In order to make an offer of a performance with the effect stated in this section, A must bring the cotton to B's warehouse, on the appointed day, under such circumstances that B may have a reasonable opportunity of satisfying himself that the thing offered is cotton of the quality contracted for, and that there are 100 bales.

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