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North-eastern Areas Reorganisation Act, 1971 Section 83

Title: Rights of Pleaders to Practise in Certain Cases

State: Central

Year: 1971

Any person who immediately before the appointed day, is enrolled as a pleader entitled to practice in any subordinate courts in the existing State of Assam shall, for a period of one year from that day, continue to be entitled to practice in those courts, notwithstanding that the whole or any part of the territories within the jurisdiction of those courts has been transferred to the State of Meghalaya or to a Union territory.

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Naval and Aircraft Prize Act, 1971 Section 1

Title: Short Title

State: Central

Year: 1971

This Act may be called the Naval and Aircraft Prize Act, 1971.

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Naval and Aircraft Prize Act, 1971 Section 8

Title: Procedure on Capture of Prize

State: Central

Year: 1971

(1) Every ship and every aircraft taken as prize and brought into port or to a place within the jurisdiction of a Prize Court shall forthwith and without bulk broken, be delivered to the Marshal of the Court. (2) If there is no such Marshal then the ship or aircraft shall be in like manner delivered to such person as the Central Government may appoint in this behalf. (3) The ship or aircraft shall, subject to the orders of the Court, remain in the custody of the Marshal, or the person appointed under sub-section (2).

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Naval and Aircraft Prize Act, 1971 Section 7

Title: General Powers of Prize Courts 5 of 1908

State: Central

Year: 1971

(1) A Prize Court shall, for the purposes of this Act, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely-- (a) summoning and enforcing the attendance of persons and examining them on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies thereof from any court or office; (e) issuing commissions for the examination of witnesses or documents; (f) any other matter which may be prescribed by rules. (2) Without prejudice to the provisions of sub-section (1), every Prize Court shall have the power to enforce-- (a) any order or decree of another Prize Court passed in a prize proceeding under this Act; (b) any order of the Central Government passed in a prize appeal under section

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Naval and Aircraft Prize Act, 1971 Section 6

Title: Appeals

State: Central

Year: 1971

(1) Any person aggrieved by an order or decree of the Prize Court may prefer an appeal to the Central Government within a period of ninety days from the date on which such order or decree has been made. (2) The provisions of sections 5 and 12 of the Limitation Act, 1963 (36 of 1963), shall so far as may be, apply computation of the period specified in sub-section (1).

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Naval and Aircraft Prize Act, 1971 Section 5

Title: Transfer of Cases

State: Central

Year: 1971

(1) Where proceedings are pending in any Prize Court against any ship, aircraft or goods, the Prize Court may, at any stage of the proceedings, on application being made by the proper officer of the Central Government and upon being satisfied that the proceedings so far as they relate to the ship, aircraft or goods, or any part thereof, would be more conveniently conducted in another Prize Court, make an order remitting the proceedings or the proceedings so far as they relate to the ship, aircraft or goods, or any part of the goods, as the case may be, to such other Prize Court. (2) Where any proceedings have been so remitted to another Prize Court, that other Prize Court shall have the same jurisdiction to deal with the matter as if the subject matter of those proceedings had originally been seized within its jurisdiction or brought within its jurisdiction after capture or seizure, as the case may be, and any order made or action taken in those proceedings before the order of remission shall be deemed to have been made or taken by or in that Court.

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Naval and Aircraft Prize Act, 1971 Section 4

Title: Jurisdiction of Prize Courts in Prize Cases

State: Central

Year: 1971

.....its nature and condition. (3) Without prejudice to the generality of the powers conferred by sub-section (1) , a Prize Court shall take cognizance of and judicially proceed upon all manners of captures, seizures, prizes and reprisals of all ships, vessels, aircrafts and goods that are captured or seized, and shall hear and determine the same, and in accordance with this Act and rules made thereunder, shall adjudge and condemn all such ships, vessels, aircrafts and goods belonging to any country or State or the nationals, citizens or subjects thereof, as may be captured or seized as prize during a war or as a measure of reprisal during an armed conflict or in the exercise of the right of self-defence. (4) Notwithstanding anything contained in this section, the Prize Court may in respect of any matter for which no provision or insufficient provision is made, by or under this Act, apply the principles of the International Law regulating that matter.

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Naval and Aircraft Prize Act, 1971 Section 3

Title: Establishment of Prize Courts

State: Central

Year: 1971

(1) The Central Government may, by notification in the Official Gazette, constitute from time to time as many Prize Courts as the Central Government may determine to exercise the powers and discharge the functions conferred on Prize Court by this Act and every such Prize Court shall exercise jurisdiction within the local limits of such area or areas as may be specified by the Central Government in the said notification. (2) Every Prize Court shall consist of such one or more than one member as the Central Government may from time to time deem it necessary to appoint. (3) A person shall not be qualified for appointment as a member of a Prize Court unless he is a citizen of India and has been or is qualified to be appointed as a Judge of a High Court. (4) Subject to the provisions of section 18, the conditions of service of a member of a Prize Court shall be such as the Central Government may by order determine.

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Naval and Aircraft Prize Act, 1971 Section 2

Title: Definitions

State: Central

Year: 1971

.....of the Armed Forces and any other aircraft used as a transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities; (h) "prize" means anything which, subject to this Act and the rules made thereunder, may be subjected to adjudication and includes a ship or an aircraft and goods carried therein, irrespective of whether the ship is captured at sea or seized in port or whether the aircraft is on or over land or sea at the time of capture or seizure; (i) "ship" includes a vessel and a boat with the tackle, furniture and apparel of the ship, vessel or boat. (j) "ship-of-war" means any ship belonging to the Armed Forces and includes any armed ship in the service of the Armed Forces and any other ship used as transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities; (k) "ship paper" includes all books, passes, sea briefs, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up or found on board a ship captured at sea or seized in port.

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General Insurance (Emergency Provisions) Act, 1971 [Repealed] Section 17

Title: Repeal and Savings

State: Central

Year: 1971

(1) The General Insurance (Emergency Provisions) Ordinance, 1971, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any direction given and orders and rules made) under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

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