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Government of India Act, 1833 [Repealed] Section 94

Title: The Bishop of Calcutta to Be Metropolitan in India

State: Central

Year: 1833

Provided always * * *1 that the bishop of Calcutta for thetime being shall be deemed and taken to be the metropolitan bishop in India, and as such shall have, enjoy, and exercise all suchecclesiastical jurisdiction and episcopal functions, for the purposesaforesaid, as his Majesty shall by his roval letters patent under the greatseal of the said United Kingdom think necessary to direct, subjectnevertheless to the general superintendence and revision of the archbishop ofCanterbury for the time being; and that the bishops of Madras and Bombay for the time being respectively shall be subject to thebishop of Calcutta for the time being as such metropolitan and shall at the time of their respectiveappointments to such bishopricks or at the time of their respectiveconsecrations as bishop take an oath of obedience to the said bishop ofCalcutta in such manner ashis Majesty by his said royal letters patent shall be pleasedto direct. ___________________________ 1. Enacting words repealed (U.K.), 51&52 Vict., c. 57 (S.L.R.).

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Indian Penal Code (45 of 1860) Section 94

Title: Act to Which a Person is Compelled by Threats

State: Central

Year: 1860

Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at me time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.--A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.--A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.

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Indian Evidence Act 1872 Section 94

Title: Exclusion of Evidence Against Application of Document to Existing Facts

State: Central

Year: 1872

When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration A sells to B, by deed, "my estate at Rampur containing 100 bighas". A has an estate at Rampur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

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Negotiable Instruments Act, 1881 Section 94

Title: Mode in Which Notice May Be Given

State: Central

Year: 1881

Notice of dishonour may be given to a duly authorized agent of the person to whom it is required to be given, or, where he has died, to his legal representative, or, where he has been declared an insolvent, to his assignee; may be oral or written; may, if written, be sent by post; and may be in any form; but it must inform the party to whom it is given, either in express terms or by reasonable intendment that the instrument has been dishonoured, and in what way, and that he will be held liable thereon; and it must be given within a reasonable time after dishonour, at the place of business or (in case such party has no place of business) at the residence of the party for whom it is intended. If the notice is duly directed and sent by post and miscarries, such miscarriage does not render the notice invalid.

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Presidency Small Cause Courts Act, 1882 Section 94

Title: No Suit to Lie Upon Decree of Court

State: Central

Year: 1882

No suit shall lie on any decree of the Small Cause Court.

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Indian Trusts Act, 1882 Section 94

Title: Constructive Trust in Cases Not Expressly Provided for

State: Central

Year: 1882

(Rep. by the Benami Transactions (Prohibition) Act, 1988, sec. 7 (w.e.f. 19.5.1988)). Illustrations (a) A, an executor, distributes the assets of his testator B to the legatees without having paid the whole of B's debts. The legatees hold for the benefit of B's creditors, to the extent necessary to satisfy their just demands, the assets so distributed. (b) A by mistake assumes the character of s trustee for B, and under colour of the trust receives certain money. B may compel him to account for such moneys. (c) A makes a gift of a lakh of rupees to B, reserving to himself, with B's assent, power to revoke at pleasure the gift as to Rs.10,000. The gift is void as to Rs. 10,000, and a holds that sum for the benefit of A.

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Transfer of Property Act, 1882 Section 94

Title: Right of Mesne Mortgagee

State: Central

Year: 1882

Where a property is mortgaged for successive to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor.

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Code of Civil Procedure, 1908 Section 94

Title: Supplemental Proceedings

State: Central

Year: 1908

In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,-- (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison ; (b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; (c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his properly be attached and sold; (d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property; (e) make such other interlocutory orders as may appear to the Court to be just and convenient.

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Presidency-towns Insolvency Act, 1909 Section 94

Title: Power to Stay Proceedings

State: Central

Year: 1909

The Court may, at any time, for sufficient reason, make an order staying the proceedings under an insolvency petition, either altogether or for a limited time, on such terms and subject to such conditions as the Court thinks just.

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Government of India Act, 1915-19 [Repealed] Section 94

Title: Leave

State: Central

Year: 1915

Subject to the provisions of this Act, the Secretary of State in council may, with the concurrence of a majority of votes at a meeting of the Council of India, make rules as to the absence on leave1[or special duty] of persons in the service of the Crown in India, and the terms as to continuance, variation or cessation of pay, salary and allowances on which any such2[absence may be permitted]. _________________________ 1. These words were inserted by Sch. I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37). 2. These words were substituted for the words "leave may be granted" by Sch. I of the Government of India (Amendment) Act, 1916 (6&7 Geo. 5, Ch. 37).

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