Bare Act Search Results

Government Savings Banks Act, 1873 Complete Act

State: Central

Year: 1873

.....TO LUNATICS If any depositor becomes insane or otherwise incapable of managing his affairs, and if such insanity or incapacity is proved to the satisfaction of the Secretary of the Bank in which his deposit may be, such Secretary may, from time to time, make payments out of the deposit to any proper person, and the receipt of such person, for money paid under this section, shall be a sufficient discharge therefor. Where a committee or manager of the depositor's estate has been duly appointed, nothing in this section authorizes payments to any person other than such committee or manager. SECTION 13: PAYMENT OF MARRIED WOMEN'S DEPOSITS Any deposit made by or on behalf of a married woman, or by or on behalf of a woman who afterwards marries, may be paid to her, whether or not 21 [ section 20 of the Indian Succession Act, 1925 ] applies to her marriage; and her receipt for money paid to her under this section shall be a sufficient discharge therefor. SECTION 14: PROTECTION OF ACTION TAKEN IN GOOD FAITH No suit or other legal proceeding shall lie against the Secretary or any other officer of the Government in respect of anything which is in good faith done or intended to be done under.....

Indian Evidence Act 1872 Part 2

Title: On Proof

State: Central

Year: 1872

Chapter 3 - FACTS WHICH NEED NOT BE PROVED Section 56 - Fact judicially noticeable need not be proved No fact of which the Court will take judicial notice need to be proved. Section 57 - Facts of which Court must take judicial notice The Court shall take judicial notice of the following facts:- 1 [(1) All laws in force in the territory of India;] (2) All public Acts passed or hereafter to be passed by Parliament 1 [of the United Kingdom] and all local and personal Acts directed by Parliament 2 [of the United Kingdom] to be judicially noticed; (3) Articles of War for 3 [the Indian] Army 4 [Navy or Air Force]; 5 [(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any law for the time being in force in a Province or in the States;] (5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland; (6) All seals of which English Courts take judicial notice : the seals of all the 6 [Courts in 7 [India] and all Courts out of 5 [India] established by the authority of 8 [the Central Government or the.....

Indian Evidence Act 1872 Chapter 6

Title: Of the Exclusion of Oral or Documentary Evidence

State: Central

Year: 1872

.....2.-Where there are more originals than one, one original only need be proved. Explanation 3.-The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations (a) If a contract be contained in several letters, all the letters in which it is contained must be proved. (b) If a contract is contained in a bill of exchange, the bill of exchange must be proved. (c) If a bill of exchange is drawn in a set of three, one only need be proved. (d) A contracts, in writing, with B for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible. (e) A gives B receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible. _________________________ 1. Where, however, a criminal court finds that a confession or other statements or an accused person has not been recorded in the manner prescribed, evidence may be.....

Indian Evidence Act 1872 Section 92

Title: Exclusion of Evidence of Oral Agreement

State: Central

Year: 1872

.....or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: Proviso (1).-Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party 1 [want or failure] of consideration, or mistake in fact or taw: Proviso (2).-The existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document: Proviso (3).-The existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved. Proviso (4).-The existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or disposition of property is by law.....

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....under the Government; (d) every officer of a Court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person especially authorized by a Court of Justice to perform any of such duties; (e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary.....

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....appears from the context- "Court"- includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence. "Fact" " "Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the sense; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in goods faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particulars sensation, is a fact. (e) That a man has a certain reputation is a fact. "Relevant" " One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence,.....

Prevention of Terrorism Act, 2002 [Repealed] Chapter IV

Title: Special Courts

State: Central

Year: 2002

.....section 50, a Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts that constitute such offence or upon a police report of such facts. (2) Where an offence triable by a Special Court is punishable with imprisonment for a term not exceeding three years, or with fine, or with both, the Special Court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the Code, try the offence in a summary way in accordance with the procedure prescribed in the Code and the provisions of sections 263 to 265 of the Code, shall so far as may be, apply to such trial: Provided that when, in the course of a summary trial under this sub-section, it appears to the Special Court that the nature of the case is such that it is undesirable to try it in a summary way, the Special Court shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to a Special Court as they apply to and in relation to a Magistrate: .....

Prevention of Terrorism Act, 2002 [Repealed] Section 32

Title: Certain Confessions Made to Police Officers to Be Taken into Consideration

State: Central

Year: 2002

.....tapes or sound tracks from out of which sound or images can be reproduced, shall be admissible in the trial of such person for an offence under this Act or rules made thereunder. (2) A police officer shall, before recording any confession made by a person under sub-section (1), explain to such person in writing that he is not bound to make a confession and that if he does so, it may be used against him: Provided that where such person prefers to remain silent, the police officer shall not compel or induce him to make any confession. (3) The confession shall be recorded in an atmosphere free from threat or inducement and shall be in the same language in which the person makes it. (4) The person from whom a confession has been recorded under sub-section (1), shall be produced before the Court of a Chief Metropolitan Magistrate or the Court of a Chief Judicial Magistrate along with the original statement of confession, written or recorded on mechanical or electronic device within forty-eight hours. (5) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate, shall, record the statement, if any, made by the person so produced and get his signature or thumb.....

Code of Civil Procedure, 1908 Section 5

Title: Application of the Code to Revenue Courts

State: Central

Year: 1908

( 1 ) Where any Revenue Courts are governed by the provisions of this Code in those matters of procedure upon which any special enactment applicable to them is silent, the State Government1[***] may, by notification in the Official Gazette, declare that any portions of those provisions which are not expressly made applicable by this Code shall not apply to those Courts, or shall only apply to them with such modifications as the State Government2[***] may prescribe. ( 2 ) "Revenue Court" in sub-section ( 1 ) me ans a Court having jurisdiction under any local law to entertain suits or other proceedings relating to the rent, revenue or profits of land used for agricultural purposes, but docs not include a Civil Court having original jurisdiction under this Code to try such suits or proceedings as being suits or proceedings of a civil nature. __________________ 1. The words "with the previous sanction of the G.G. in C", omitted by Act 38 of 1920, section 2 and Schedule I. 2. The words "with the sanction aforesaid" omitted by Act 38 of 1920, section 2 and Schedule I .

Code of Civil Procedure, 1908 Part I

Title: Suits in General

State: Central

Year: 1908

..... 1[(1)] Every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. 2[ (2)] In every plaint, facts shall be proved by affidavit.] ________________________ 1. Section 26 re-numbered as sub-section (1) thereof by Act 46 of 1999, section 2 (w.e.f. 1-7-2002). 2. Inserted by Act 46 of 1999, section 2, (w.e.f. 1-7-2002). Section 27 to 32 - Summons and discovery Section 27 - Summons to defendants Where a suit has been duly instituted, a summons may be issued to the defendant to appear and answer the claim and may be served in manner prescribed1[on such day not beyond thirty days from the date of the institution of the suit.] __________________ 1. Inserted by Act 46 of 1999, section 3 (w.e.f. 1-7-2002). Section 28 - Service of summons where defendant resides in another State (1) A summons may be sent for service in another State to such Court and in such manner as may be prescribed by rules in force in that State. ( 2 ) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the summons to the Court of issue together with the.....