Bare Act Search Results

Code of Civil Procedure, 1908 Section 21A

Title : Bar Onsuit to Set Aside Decree on Objection as to Place of Suing

State : Central

Year : 1908

1[ 21A . Bar on suit to set aside decree on objection as to place of suing No suit shall lie challenging the validity of a decree passed in a former suit between the same parties, or between the parties under whom they or any of them claim, litigating under the same title, on any ground based on an objection as to the place suing. Explanation .--The expression "former suit" me ans a suit which has been decided prior to the decision in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was instituted prior to the suit in which the validity of such decree is questioned.] __________________ 1. Inserted by Act 104 of 1976, section 9 (w.e.f. 1-2-1977).

Code of Criminal Procedure, 1973 Section 360

Title : Order to Release on Probation of Good Conduct or After Admonition

State : Central

Year : 1973

.....circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition. (4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted. (6) The provisions of sections 121, 124 and 373 shall, so far as may be apply in the case of sureties offered in pursuance of the provisions of this section. (7) The Court, before directing the release of an offender under sub-section (1) shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which.....

Criminal Law Amendment Act, 1961 Section 5

Title : Application to High Court to Set Aside Order of Forfeiture

State : Central

Year : 1961

(1) Any person having any interest in any newspaper, book or other document in respect of which an order of forfeiture has been made under section 4 may, within two months from the date of such order, apply to the High Court to set aside such order on the ground that the issue of the newspaper, or the book or other document in respect of which the order was made did not contain any matter of such a nature as is referred to in sub-section (1) of section 4. (2) The provisions of sections 99C to 99F of the Code of Criminal Procedure, 1898 shall apply in relation to an application under sub-section (1) as they apply in relation to an application under section 99B of that Code and the reference in section 99D to secitious or other matter of such a nature as is referred to in sub-section (1) of section 99 A of that Code shall be construed as a reference to any matter of such a nature as is referred to in sub-section (1) of section 4 of this Act. (3) No order passed or action taken under section 4 shall be called in question in any Court otherwise than in accordance with the provisions of this section.

Code of Criminal Procedure (Amendment) Act, 2005 Section 38

Title : Amendment of Section 438

State : Central

Year : 2005

.....that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:-- (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and. (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail: Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. (1A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days.....

Code of Criminal Procedure, 1973 Section 96

Title : Application to High Court to Set Aside Declaration of Forfeiture

State : Central

Year : 1973

.....the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95. (2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court. (3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made. (4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 95, set aside the declaration of forfeiture. (5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be.....

Bombay Prohibition Act, 1949, (Maharashtra) Section 104A

Title : Bombay Probation of Offenders Act, 1938, and Section 562 of Code of Criminal Procedure, 1898, Not to Apply to Persons Convicted of Offence Under This Act

State : Maharashtra

Year : 1949

1[104A. Bombay Probation of Offenders Act, 1938, and Section 562 of Code of Criminal Procedure, 1898, not to apply to persons convicted of offence under this Act Nothing in the Bombay Probation of Offenders Act, 1938 (Bom. XIX of 1938), or2[in any law corresponding to that Act in force in any part of the State or in the Probation of Offenders Act, 1958, (XX of 1958), where that Act is brought into force in any part of the State or in] Section 562 of the Code of Criminal Procedure, 1898 (V of 1898)3, shall apply to any person convicted of any offence under this Act] _____________________ 1. Section 104A was inserted by Bom. 67 of 1953, s. 4. 2. These words and figures were inserted by Bom. 12 of 1959, s. 13. 3. See now the Code of Criminal Procedure, 1973 (2 of 1974).

Karnataka Prohibition Act, 1961 Section 90

Title : The Probation of Offenders Act, 1958, and Section 562 of the Code of Criminal Procedure, 1898, Not to Apply to Persons Convicted Under This Act

State : Karnataka

Year : 1961

Nothing in the Probation of Offenders Act, 1958 (Central Act 20 of 1958) , or section 562 of the Code of Criminal Procedure, 1898, shall apply to any person convicted of any offence under this Act.

Scheduled Casts and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 18

Title : Section 438 of the Code Not to Apply To-persons Committing an Offence Under the Act

State : Central

Year : 1989

Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on ah accusation of having committed an offence under this Act.

Code of Criminal Procedure, 1898 Complete Act

State : Central

Year : 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....

The Code of Criminal Procedure, 1973 Complete Act

State : Rajasthan

Year : 1973

.....faith in his aid and under his direction, to make such an examination of the person arrested as is reasonable necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose (2) Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner Explanation" In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956), and whose name has been entered in a State Medical Register 54. Examination of arrested person by medical practitioner at the request of the arrested person When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by.....