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Code of Criminal Procedure, 1973 Section 439

Title: Special Powers of High Court or Court of Session Regarding Bail

State: Central

Year: 1973

.....122, 123, 124A, 153A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the Explosive Substances Act, 1908, and sections 25, 26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a Court; or (b) who, having any reason to believe that he may be arrested on accusation of committing an offence as specified in clause (a), has applied to me High Court or the Court of Session for a direction for his release on bail in the event of his arrest, shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely:- (i) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person; (iii) that the Court including the High Court or the Court of Session for reasons to be recorded in writing is.....

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Merchant Shipping Act, 1958 Section 439

Title: Jurisdiction of Magistrate

State: Central

Year: 1958

4391. Jurisdiction of Magistrate No court inferior to that of2[Metropolitan Magistrate or a, Judicial Magistrate of the first class] shall try any offence under this Act or any rule or regulation thereunder. ________________________ 1. Section 439 came into force on 1st April, 1960 2. Substituted for the words "presidency magistrate or a magistrate of the first class" by the Merchant Shipping (Amendment) Act, 1983 (12 of 1983),Section 17 and the Sen., Item 16 (18-5-1983).

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Indian Penal Code (45 of 1860) Section 439

Title: Punishment for Intentionally Running Vessel Aground or Ashore with Intent to Commit Theft, Etc

State: Central

Year: 1860

Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

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Karnataka Municipal Corporations Act, 1976 Section 439

Title: Penalty for Not Giving Information or Giving False Information

State: Karnataka

Year: 1976

If any person who is required by the provisions of this Act or by any notice or other proceedings issued under this Act to furnish any information,- (a) omits to furnish it, or (b) knowingly or negligently furnishes false information, such person shall, on conviction, be punished with fine not exceeding one hundred rupees.

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Companies Act, 2013, Section 439

Title: Offences to Be Non

State: Central

Year: 2013

.....Notwithstanding anything in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act except the offences referred to in sub-section (6) of section 212 shall be deemed to be non-cognizable within the meaning of the said Code. (2) No court shall take cognizance of any offence under this Act which is alleged to have been committed by any company or any officer thereof, except on the complaint in writing of the Registrar, a shareholder of the company, or of a person authorised by the Central Government in that behalf: Provided that the court may take cognizance of offences relating to issue and transfer of securities and non-payment of dividend, on a complaint in writing, by a person authorised by the Securities and Exchange Board of India: Provided further that nothing in this sub-section shall apply to a prosecution by a company of any of its officers. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), where the complainant under sub-section (2) is the Registrar or a person authorised by the Central Government, the presence of such officer before the Court trying the offences shall not be necessary unless the.....

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Companies Act, 1956 Section 439

Title: Provisions as to Applications for Winding Up

State: Central

Year: 1956

.....shares, or that the company may have no assets at all or may have no surplus assets left for distribution among the share-holders after the satisfaction of its liabilities. (4) A contributory shall not be entitled to present a petition for winding up a company unless-- (a) either the number of members is reduced, in the case of a public company, below seven, and, in the case of a private company, below two; or (b) the shares in respect of which he is a contributory, or some of them, either were originally allotted to him or have been held by him, and registered in his name, for at least six months during the eighteen months immediately before the commencement of the winding up, or have devolved on him through the death of a former holder. (5) Except in the case where he is authorised in pursuance of clause (f) of subsection (1), the Registrar shall be entitled to present a petition for winding up a company only on the grounds specified in3[clauses (b), (c), (d), (e)4[(f) and (g)] of section 433: Provided that the Registrar shall not present a petition on the ground specified in clause (e) aforesaid, unless it appears to him either from the financial condition of the.....

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