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Home Bare Acts Phrase: shall presume Page 1 of about 58,671 results (0.059 seconds)Essential Commodities Act, 1955 Complete Act
State: Central
Year: 1955
.....WITH OTHER ENACTMENTS Any order made under section 3-shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or any instrument having effect by virtue of any enactment other than this Act. SECTION 06A: CONFISCATION OF ESSENTIAL COMMODITY 8[(1)] Where any essential commodity is seized in pursuance of an order made under section 3- in relation thereto,9[a report of such seizure shall, without unreasonable delay, be made to] the Collector of the district or the Presidency-town in which such essential commodity is seized and whether or not a prosecution is instituted for the contravention of such order, the Collector10[may, if he thinks it expedient so to do, direct the essential commodity so seized to be produced for inspection before him, and if he is satisfied] that there has been a contravention of the order, may order confiscation of - (a) the essential commodity so seized; (b) any package, covering or receptacle in which such essential commodity is found; and (c) any animal, vehicle, vessel or other conveyance used in carrying such essential commodity: Provided that without prejudice to any action which may be.....
List Judgments citing this sectionThe Protection of Children from Sexual Offences Act, 2012 Complete Act
State: Central
Year: 2012
.....over another person, for the purpose of any offence under this Act, is said to aid the doing of that act. 17. Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that offence. Explanation. " An act or offence is said to be committed in consequence of abatement, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment. 18. Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both. CHAPTER V PROCEDURE FOR REPORTING OF CASES 19. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any person (including the child), who has apprehension that an offence under this Act is likely to.....
List Judgments citing this sectionWealth Tax Act, 1957 Complete Act
State: Central
Year: 1957
WEALTH TAX ACT, 1957 WEALTH TAX ACT, 1957 27 of 1957 An Act to provide for the levy of wealth-tax BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Wealth-tax Act, 1957. (2) It extends to the whole of India. (3) It shall be deemed to have come into force on the 1st day of April, 1957. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a)2[***] 3[(b) "Appellate Tribunal" means the Appellate Tribunal constituted under section 252 of the Income-tax Act; (c) "assessee" means a person by whom wealth-tax or any other sum of money is payable under this Act, and includes- (i) every person in respect of whom any proceeding under this Act has been taken for the determination of wealth-tax payable by him or by any other person or the amount of refund due to him or such other person : (ii) every person who is deemed to be an assessee under this Act ; (iii) every person who is deemed to be an assessee in default under this Act; 4[(ca) "Assessing Officer " means the Deputy Commissioner of Income-tax or the Assistant Commissioner or the.....
List Judgments citing this sectionThe Essential Commodities Act, 1955 Complete Act
State: Punjab
Year: 1955
.....Section 12-B GRANT OF INJUNCTION, ETC., BY CIVIL COURTS. 13 PRESUMPTION AS TO ORDERS. 14 BURDEN OF PROOF IN CERTAIN CASES. 15 PROTECTION OF ACTION TAKEN UNDER ACT. Section 15-A. PROSECUTION OF PUBLIC SERVANT. 16. Repeals and savings." 1 SHORT TITLE AND EXTENT. (1) This Act may be called the Essential Commodities Act, 1955. (2) It extends to the whole of India 1[***]. 2 DEFINITIONS. In this Act, unless the context otherwise requires, - 2[***] 2[3[(ia) "Collector" includes an Additional Collector and such other officer, not below the rank of Sub-Divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector under this Act;]] 4[***] (b) "food-crops" include crops of sugarcane; (c) "notified order" means an order notified in the Official Gazette; 5[(cc) "order" includes a direction issued thereunder;] 6[(d) "State Government," in relation to a Union territory, means the administrator thereof;] 7[(e) "sugar" means" (i) any form of sugar containing more than ninety per cent., of sucrose, including sugar candy; (ii) khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered form; or (iii).....
List Judgments citing this sectionThe Tripura Value Added Tax Act, 2004 Complete Act
State: Tripura
Year: 2004
.....73 87. Power to Make Rule 73 Chapter "XIV (TRANSITION, REPEAL AND SAVINGS) 88. Transition 74 89. Repeal and Savings 77 THE TRIPURA VALUE ADDED TAX ACT, 2004 An Act to provide for the levy and collection of Value Added Tax at different points of sale in the State of Tripura. Be it enacted by the Tripura Legislative Assembly in the fifty fifth year of the republic of India as follows:- Chapter- I PRELIMINARY 1. Short Title, Extent and Commencement - (1) This Act may be called the Tripura Value Added Tax Act, 2004. (2) It extends to the whole of the State of Tripura. (3) It shall come into force on such date as the State Government may, by notification in Official Gazette, appoint. 2. Definitions - In this Act, unless the context otherwise specifies, (1) ˜Act' means the Tripura Value Added Tax Act, 2004. (2) "Assessee" means any person by whom tax or any other sum of money is payable under this Act and includes every person in respect of whom any proceeding under this Act has been taken for the assessment of tax payable by him; (3) 'Assessing Authority' means an officer of the Finance (Excise & Taxation) Department, authorised to make any assessment under the Act. (4).....
List Judgments citing this sectionCentral Excise Act, 1944 Section 9C
Title: Presumption of Culpable Mental State
State: Central
Year: 1944
(1) In any prosecution for an offence under this Act which requires a culpable mental state on the part of the accused, the Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation : In this section, culpable mental state includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
View Complete Act List Judgments citing this sectionProtection of Children from Sexual Offences Act, 2012, (Central) Section 30
Title: Presumption of Culpable Mental State
State: Central
Year: 2012
(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. (2) For the purposes of this section, a fact is said to be proved only when the Special Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability. Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.
View Complete Act List Judgments citing this sectionCustoms Act, 1962 Section 138A
Title: Presumption of Culpable Mental State
State: Central
Year: 1962
1[138A. Presumption of culpable mental state (1) In any prosecution for an offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation:-- In this section "culpable mental state" includes intention, motive, knowledge of a fact and believe in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ________________________ 1. Inserted by Act 36 of 1973, section 9 (w.e.f. 1-9-1973).
View Complete Act List Judgments citing this sectionEssential Commodities Act, 1955 Section 10C
Title: Presumption of Culpable Mental State
State: Central
Year: 1955
1[10C. Presumption of culpable mental state (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ____________________________ 1. Inserted by Act 30 of 1974, section 8 (w.r.e.f. 22-6-1974).
View Complete Act List Judgments citing this sectionIncome Tax Act, 1961 Section 278E
Title: Presumption as to Culpable Mental State
State: Central
Year: 1961
(1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation : In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.
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