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Home Bare Acts Phrase: section 4 of the 1981 act was not to obliterate the effect of the findings of the civil courts in earlier proceedings and such findings could be relied on for the purpose of corroboration as supporting evidence

National Bank for Agriculture and Rural Development Act, 1981 Section 36

Title : Validity of Loan or Advance Not to Be Questioned

State : Central

Year : 1981

Notwithstanding anything to the contrary contained in any other law for the time being in force, the validity of any loan or advance granted by the National Bank in pursuance of the provisions of this Act shall not be called in question merely on the ground of non-compliance with the requirements of such other law as aforesaid or of any resolution, contract memorandum, articles of association or other instrument Provided that nothing in this section shall render valid any loan or advance obtained by any company or co-operative society where such company or co-operative society is not empowered by its memorandum to obtain loans or advances.

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The Orissa Court of Wards Act, 1947 Complete Act

State : Orissa

Year : 1947

.....cease to carry interest from the expiration of the period prescribed by Section 41, and shall not be paid until after the discharge or satisfaction of the claims notified or admitted under Section 42. Section 46 - Inadmissibility in evidence of documents not produced No document in the possession or under the control of the claimant which should have been but has not been produced in accordance with the requirements of Section 42, shall be admissible in evidence against the ward or his representative in any suit brought by or against claimant, or any person claiming under him unless it be proved to the satisfaction of the Civil Court that it was not within his power to produce such document before the Collector. Section 47 - When mortgagee in possession may be dispossessed (1) When any property of a ward is in the possession of a mortgagee, or any person claiming under a mortgagee, the State Government may, on being satisfied that it is expedient in the public interest that the estate should be preserved and that such encumbrancer should deliver up possession of the mortgaged property, make a declaration to that effect and direct the Court to take possession thereof; the.....

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Securities Contracts Regulation Act, 1956 (42 of 1956) Amending Act 5

Title : Securities Laws (Amendment) Act,2004

State : Central

Year : 1956

..... (2) While holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of the adjudicating officer, may be useful for or relevant to the subject-matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the Sections specified in sub-Section (1), he may impose such penalty as he thinks fit in accordance with the provisions of any of those Sections. 23J. Factors to be taken into account by the adjudicating officer.-- While adjudging the quantum of penalty under Section 23-I, the adjudicating officer shall have due regard to the following factors, namely:- (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused to an investor or group of investors as a result of the default ; (c) the repetitive nature of the default. 23K. Crediting sum realised by way of penalties to Consolidated Fund of India.-- All sums realised by way of penalties.....

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Bombay General Clauses Act, 1904, (Maharashtra) Section 7

Title : Effect of Repeal

State : Maharashtra

Year : 1904

.....affected by the Act. Dhondi Tukaram v. Han Dadu, I. L. R. 1953 Bom. 959 : AIR 1954 Bom. 100 : (1953) 55 Bom. L. R. 663. In the instant case, the facts which have given rise to controversy are not in the issue. In view of the Nagpur Bench of the High Court in the case of Sangharsh Kruti Samitiv. State of Maharashtra, 2007 (1) Bom. C.R. 712, the High Court, while applying the law laid down by the Apex Court to the facts of this case held that though the State Government has issued Notification dated 27.2.2002 in supersession of Notification 6.10.1967, however in view of provisions of section 7(c) of the Bombay General Clauses Act, 1904 the Notification dated 27.2.2002 can only be prospective in nature and would not affect the actions/proceedings initiated prior to issuance of Notification dated 27.2.2002 particularly because the text of said Notification does not indicate that it operates retrospectively. Repeal of Bombay Rent Act whether affects rights incurred thereunder.-Under section 7 of the Bombay General Clauses Act, rights under Bombay Rent Act do not get affected unless there is specific provision to the effect under the repealing Act.-Dhanrqj Bhuddsingh Gupta v......

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Code of Criminal Procedure (Amendment) Act 2008 Section 25

Title : Amendment of Section 328

State : Central

Year : 2008

In section 328 of the principal Act,-- (a) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or mental retardation: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of-- (a) head of psychiatry unit in the nearest government hospital; and (b) a faculty member in psychiatry in the nearest medical college."; (b) for sub-section (3), the following sub-sections shall be substituted, namely:-- "(3) If such Magistrate is informed that the person referred to in subsection (1A) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused.....

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Assam State Legislature (Delegation of Powers) Act, 1981 [Repealed] Repealing Act 1

Title : Repealing and Amending Act, 1988

State : Central

Year : 1981

..... 1976 93 The Dhoties (Additional Excise Duty) Repeal Act, 1976. The whole 1976 94 The Factories (Amendment) Act, 1976 The whole 1976 99 The Labour Provident Fund Laws (Amendment) Act, 1976. The whole 1976 102 The Kerala Legislative Assembly (Extention of Duration) Second Amendment The whole 1976 103 The Central Sales Tax (Amendment) Act, 1976 Sections 2 to 8 1976 104 The Code of civil Procedure (Amendment) Act, 1976 Sections 2 to 96 and sub-section (1) of section 98. 1976 105 The Salaries and Allowances of Members of Parliament (Amendment) Act, 1976. The whole 1976 106 The Untouchability (Offences) Amendment and Miscellaneous Provision Act, 1976. Sections 2 to 18 And 21. 1976 107 The Advocates (Amendment) Act, 1976 Sections 2 to 10. 1976 108 The Schedule Castes and Scheduled Tribes Orders (Amendment) Act, 1976. .....

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High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 Section 7

Title : Transfer of Pending Proceedings from the Court of the Judicial Commissioner to the Bombay High Court

State : Central

Year : 1981

(1) All proceedings pending in the Court of the Judicial Commissioner immediately before the appointed day shall stand transferred to the High Court at Bombay. (2) Every proceeding transferred under sub-section (1) shall be disposed of by the High Court at Bombay as if such proceeding were entertained by that High Court. (3) Any order made before the appointed day by the Court of the Judicial Commissioner shall, for all purposes, have effect not only as an order of that Court but also as an order of the High Court at Bombay.

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Essential Commodities (Special Provisions) Act, 1981 Section 11

Title : Substitution of New Sections for Section 12a

State : Central

Year : 1981

.....just and proper so to do for any other special reason to be recorded in writing; (e) a Special Court may, upon a perusal of police report of the facts constituting an offence under this Act take cognizance of that offence without the accused being committed to it for trial; (f) all offences under this Act shall be tried in a summary way and the provisions of sections 262 to 265 (both inclusive) of the Code shall, as far as may be, apply to such trial : Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Special Court to pass a sentence of imprisonment for a term not exceeding two years. (2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act, with which the accused may, under the Code, be charged at the same trial: Provided that such other offence is, under any other law for the time being in force, triable in a summary way: Provided further that in the case of any conviction for such other offence in such trial, it shall not be lawful for the Special Court to pass a sentence of imprisonment for a term exceeding the term provided for conviction.....

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British India Corporation Limited (Acquisition of Shares ) Act , 1981 Section 15

Title : Deposit of Amount in Court

State : Central

Year : 1981

Where any dispute has been referred under section 14 by the Commissioner to the civil court referred to therein, he shall deposit the amount in that court.

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KARNATAKA TODDY WORKERS' WELFARE FUND ACT, 1981 Section 19

Title : Bar of jurisdiction of civil court

State : Karnataka

Year : 1981

No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any mater which is by or under this Act required to be settled, decided or dealt with or to be determined by the State Government or the Board or the Chief Welfare Fund Inspector or any Welfare Fund Inspector.

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