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Start Free TrialCompanies Act, 2013, Section 212
Title: Investigation into Affairs of Company by Serious Fraud Investigation Office
State: Central
Year: 2013
..... (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offences covered under sub-sections (5) and (6) of section 7, section 34, section 36, subsection (1) of section 38, sub-section (5) of section 46, sub-section (7) of section 56, subsection (10) of section 66, sub-section (5) of section 140, sub-section (4) of section 206, section 213, section 229, sub-section (1) of section 251, sub-section (3) of section 339 and section 448 which attract the punishment for fraud provided in section 447 of this Act shall be cognizable and no person accused of any offence under those sections shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the Special Court so directs: Provided further.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 211
Title: Establishment of Serious Fraud Investigation Office
State: Central
Year: 2013
.....Resolution No. 45011/16/2003-Adm-I, dated the 2nd July, 2003 shall be deemed to be the Serious Fraud Investigation Office for the purpose of this section. (2) The Serious Fraud Investigation Office shall be headed by a Director and consist of such number of experts from the following fields to be appointed by the Central Government from amongst persons of ability, integrity and experience in,-- (i) banking; (ii) corporate affairs; (iii) taxation; (iv) forensic audit; (v) capital market; (vi) information technology; (vii) law; or (viii) such other fields as may be prescribed. (3) The Central Government shall, by notification, appoint a Director in the Serious Fraud Investigation Office, who shall be an officer not below the rank of a Joint Secretary to the Government of India having knowledge and experience in dealing with matters relating to corporate affairs. (4) The Central Government may appoint such experts and other officers and employees in the Serious Fraud Investigation Office as it considers necessary for the efficient discharge of its functions under this Act. (5) The terms and conditions of service of Director, experts, and other officers and.....
View Complete Act List Judgments citing this sectionEMPLOYEE'S COMPENSATION ACT, 1923 Section 10B
Title: Reports of fatal accidents and serious bodily injuries
State: Central
Year: 1923
.....to, any limb, or the permanent loss of or injury to the sight or hearing, or the fracture of any limb, or the enforced absence of the injured person from work for a period exceeding twenty days.] (2) The State Government may, by notification in the Official Gazette, extend the provisions of sub-section (1) to any class of premises other than those coming within the scope of that sub-section, and may, by such notification, specify the persons who shall send the report to the Commissioner.] 2[(3) Nothing in this section shall apply to factories to which the Employees' State Insurance Act, 1948 (34 of 1948), applies.] ______________ 1. Ins. by Act 15 of 1933, sec. 8. 2. Ins. by Act 8 of 1959, sec. 9 (w.e.f. 1-6-1959). 3. Added by Act 8 of 1959, sec. 9 (w.e.f. 1-6-1959).
View Complete Act List Judgments citing this sectionFactories Act, 1948 Section 87A
Title: Power to Prohibit Employment on Account of Serious Hazard
State: Central
Year: 1948
.....way of injury or death to the persons employed therein or to the general public in the vicinity, he may, by order in writing to the occupier of the factory, state the particulars in respect of which he considers the factory or part thereof to be the cause of such serious hazard and prohibit such occupier from employing any person in the factory or any part thereof other than the minimum number of persons necessary to attend to the minimum tasks till the hazard is removed. (2) Any order issued by the Inspector under sub-section (1) shall have effect for a period of three days until extended by the Chief Inspector by a subsequent order. (3) Any person aggrieved by an order of the Inspector under sub-section (1), and the Chief Inspector under sub-section (2), shall have the right to appeal to the High Court. (4) Any person whose employment has been affected by an order issued under subsection (1), shall be entitled to wages and other benefits and it shall be the duty of the occupier to provide alternative employment to him wherever possible and in the manner prescribed. (5) The provisions of sub-section (4) shall be without prejudice to the rights of the parties under.....
View Complete Act List Judgments citing this sectionPetroleum Act, 1934 (30 of 1934) Section 28
Title: Inquiries into Serious Accidents with Petroleum
State: Central
Year: 1934
.....4 [***]5 [***] shall be deemed to be a Magistrate empowered to hold aninquest. (4)The result of all inquiries held in pursuance of this section 2 [andof any inquiry held by a coroner in a case to which sub-section (1) refers]shall be submitted as soon as may be to the 6 [Central Government] 2 [the7 [Chief Controller of Explosives] and the State Government.] ________________________ 1.Substituted by Act 31 of 1977, Section 4, for "Code of Criminal Procedure,1898 (5 of 1898)" (w.e.f. 12-8-1977). 2.Inserted by Act 25 of 1940, Section 3. 3.Substituted by Act 25 of 1940, Section 3, for "this section". 4.The words "in a Presidency-town" omitted by Act 24 of 1970, Section 16 (w.e.f.1-8-1976). 5.The words "or in Rangoon" omitted by the A.O. 1937. 6.Substituted by A.O. 1937, for "local Government". 7.Substituted by Act 31 of 1977, Section 4, for "Chief Inspector of Explosivesin India" (w.e.f. 12-8-1977).
View Complete Act List Judgments citing this sectionGeneva Conventions Act, 1960 Complete Act
State: Central
Year: 1960
.....(d) procedural matters relating to legal representation, appeals, etc. 3. The existing law on the subject is to be found in the Geneva Convention Act, 1911 (an Act of the United Kingdom) as applied to India by the Gevena Convention Act, 1911 (British India) Order-in-Council dated the 24th October, 1916, and the Geneva Convention Implementing Act, 1936 (14 of 1936). The provisions of these Acts, however, are confined to extending protection to the two emblems, namely, the Red Cross and the Geneva Cross. 4. The Bill seeks to implement the Conventions in so far as it is necessary so to do and, at the same time, consolidates the law on the subject by repealing the United Kingdom Act of 1911andthe Central Act 14 of 1936and incorporating their provisions in the Bill." - Gaz. of Ind., 1959, Extra. Pt. II, S. 2, p. 1098. An Act to enable effect to be given to certain International Conventions done at Geneva on the twelfth day of August, 1949, to which India is a party, and for purposes connected therewith. Be it enacted by Parliament in the Eleventh Year of the Republic of India as follows :- -Geneva Conventions of 12th August, 1949, were ratified by the President on the 16th October,.....
List Judgments citing this sectionCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....
List Judgments citing this sectionMerchant Shipping Act, 1958 Complete Act
State: Central
Year: 1958
.....To meet the immediate requirements of the country soon after independence the Merchant Shipping Laws. (Extension to Acceding States and Amendment) Act, 1949 was enacted, by which the British Merchant Shipping Acts 1894 to 1938 were extended to the Acceding States (later known as Part B States) and Indian Consular Officers were empowered to perform functions in relation to Indian ships outside India and provision was made to enable Government to prescribe the proper national colours for ships registered in India, The Control of Shipping Act, 1947, was another short-term measure which continued the war-time control over Indian shipping and controlled the coastal trade by a system of licensing. This Act, which has been renewed from time to time, is due to expire on the 31st March, 1958. 3. The present Bill revises and consolidates all laws in force in India relating to merchant shipping, whether passed by the British Parliament or the Indian Legislature, and makes provision for the matters discussed in the succeedihg paragraphs, which also indicate the principal changes made in the law ........... -Gaz. of Ind., 1958, Extra., Pt. II, S. 2, p. 203.Act 21 of 1966.- The minimum.....
List Judgments citing this sectionGeneva Convention Act 1960 Schedule III
Title: Third Schedule
State: Central
Year: 1960
.....Parties, each party to the conflict shall be bound to apply, as a minimum, the following provisions:- (Conflicts not of an international character.) (1) Persons taking no active part in the hostilities, including members of armed forces who have down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:- (a) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court affording all the judicial guarantees which are recognised as indispensable by civilized peoples. (2) The wounded and sick shall be collected and.....
View Complete Act List Judgments citing this sectionThe Himachal Pradesh Police Act, 2007 Complete Act
State: Himachal
Year: 2007
THE HIMACHAL PRADESH POLICE ACT, 2007 THE HIMACHAL PRADESH POLICE ACT, 2007 [Act No. 17 of 2007] [21st September, 2007] PREAMBLE An Act to consolidate and amend the law relating to the establishment and management of the Police and matters connected therewith or incidental thereto; WHEREAS the Nation's founding faith is the primacy of the rule of law and the Police, as guardians of the law must promote the rule of law and render impartial and efficient service to the people with due respect for human rights as well as due concern for the security of the State and the Nation; AND WHEREAS the Police needs to be professionally organized and kept free from extraneous influences, so that it is respected by citizens and accountable to law; AND WHEREAS it is expedient to explicitly define the role, duties and responsibilities of the Police, taking into account the emerging challenges of policing, and concern for the security of the State as well the need to ensure good governance and respect for human rights; AND WHEREAS it is necessary to appropriately empower the Police to enable it to function as a professionally efficient, effective and responsive agency. BE it enacted by.....
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