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Companies Act, 1956 Section 388A

Title: Sections 386 to 388 Not to Apply to Certain Private Companies

State: Central

Year: 1956

1 [388A. Sections 386 to 388 not to apply to certainprivate companies. - Sections 386, 387 and 388 shallnot apply to a private company unless it is a subsidiary of a public company.] ___________________ 1.Inserted by Act 65 of 1960, Section 149 (w.e.f. 28-12-1960).

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Police Act, 1861 Section 16

Title: Recovery of Moneys Payable Under Sections 13, 14, 15 and 15a and Disposal of Same when Recovered

State: Central

Year: 1861

(1) All moneys payable under sections 13, 14, 15 and 15A shall be recoverable by the Magistrate of the district in the manner provided by sections 386 and 387 of the Code of Criminal Procedure, 1882 { See now the same sections of the Code of Criminal Procedure, 1898 (Act 5 of 1898) }, (10 of 1882) for the recovery of fines, or by suit in any competent Court. {Sub-section (2) omitted by the A.O.1937.See however, pare.4 of the India and Burma (Transitory Provisions) Order, 1937 } (3) All moneys paid or recovered under section 15A shall be paid by the Magistrate of the district to the persons to whom and in the proportions in which the same are payable under that section.]

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Karnataka Municipalities Act, 1964 Section 386

Title: Omitted

State: Karnataka

Year: 1964

1[386 . x x x ] _______________________________ 1. Omitted by Act 22 of 2000 w.e.f. 29.11.2000.

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Indian Contract Act, 1872 Section 15

Title: Coercion Defined

State: Central

Year: 1872

"Coercion" is the committing, or threatening to commit, any act forbidden by the Indian Penal Code (45 of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. Explanation.It is immaterial whether the Indian Penal Code (45 of 1860) is or is not in force in the place where the coercion is employed. Illustration A, on board an English ship on the high seas, causes B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal code (45 of 1860). A afterwards sues B for breach of contract at Calcutta. A has employed coercion, although his act is not an offence by the law of England, and although section 506 of the Indian Penal Code (45 of 1860) was not in force at the time when or place where the act was done.

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Indian Contract Act, 1872 Section 19A

Title: Power to Set Aside Contract Induced by Undue Influence

State: Central

Year: 1872

1 [Power to set aside contract induced by undue influence When consent to an agreement is caused by undue influence, the agreement is a contract voidable at the option of the by party whose consent was so caused. Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has received any benefit thereunder, upon such terms and conditions as to the Court may seem just. Illustrations ( a) A's son has forged B's name to a promissory note. B, under threat of prosecuting A's son, obtains a bond from A for the amount of the forged note. If B sues on this bond, the Court may set the bond aside. (b) A, a money-lender, advances Rs.100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for Rs. 200 with interest at 6 percent per month. The Court may set the bond aside, ordering B to repay the Rs.100 with such interest as may seem just.] ______________________ 1. Inserted by Act 6 of 1899, section 3.

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Indian Contract Act, 1872 Section 23

Title: What Considerations and Objects Are Lawful and What Not

State: Central

Year: 1872

.....with A, becomes the purchaser, and agrees to convey the estate to A upon receiving from him the price which B has paid. The agreement is void, as it renders the transaction, in effect, a purchase by the defaulter, and would so defeat the object of the law. (j) A, who is B's mukhtar, promises to exercise his influence, as such, with B in favour of C, and C promises to pay 1,000 rupees to A. The agreement is void, because it is immoral. (k) A agrees to let her daughter to hire to B for concubinage. The agreement is void, because it is immoral, though the letting may not be punishable under the Indian Penal Code (45 of 1860). ______________________ 1. See section 26, 27, 28 and 30, infra.

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Indian Contract Act, 1872 Section 27

Title: Agreement in Restraint of Trade Void

State: Central

Year: 1872

(1) Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. Exception 1.-Saving of agreement not to carry on business of which good-will is sold.--One who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar business, within specified local limits; so long as the buyer, or any person deriving title to the good-will from him, carries on a like business therein, provided that such limits appear to the Court reasonable, regard being had to the nature of the business. 1[ * * * ] ______________________ 1. Exceptions 2 and 3 rep. by Act 9 of 1932, section 73 and Schedule II.

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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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Indian Contract Act, 1872 Section 44

Title: Effect of Release of One Joint Promisor

State: Central

Year: 1872

Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors; neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.1 ______________________ 1 . See section 138. infra.

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Indian Contract Act, 1872 Section 53

Title: Liability of Party Preventing Event on Which the Contract is to Take Effect

State: Central

Year: 1872

When a contract contains reciprocal promises, and one party to the contract prevents the other from performing his promise, the contract becomes voidable at the option of the party so prevented: and he is entitled to compensation1from the other party for any loss which he may sustain in consequence of the non-performance of the contract. Illustration A and B contract that B shall execute certain work for A for a thousand rupees. B is ready and willing to execute the work accordingly, but A prevents him from doing so. The contract is voidable at the option of B; and, if he elects to rescind it, he is entitled to recover from A compensation for any loss which he has incurred by its non-performance. ______________________ 1. See section 73, infra.

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