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Marine Insurance Act, 1963 Complete Act

State: Central

Year: 1963

.....NEGOTIATION OF CONTRACT (1) Every material representation made by the assured or his agent to the insurer during the negotiations for the contract, and before the contract is concluded, must be true. If it be untrue the insurer may avoid the contract. (2) A representation is material which would influence the judgment of a prudent insurer in fixing the premium, or determining whether he will take the risk. (3) A representation may be either as to a matter of fact, or as to a matter of expectation or belief. (4) A representation as to a matter of fact is true, if it be substantially correct, that is to say, if the difference between what is represented and what is actually correct would not be Considered material by a prudent insurer. (5) A representation as to a matter of expectation or belief is true if it be made in good faith. (6) A representation may be withdrawn or corrected before the contract is concluded. (7) Whether a particular representation be material or not, is, in each case, a question of fact. SECTION 23: WHEN CONTRACT IS DEEMED TO BE CONCLUDED A contract of marine insurance is deemed to be concluded when the proposal of the assured is accepted by the.....

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Arbitration (Protocol and Convention) Act, 1937 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1937

.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....

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The Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act

State: Tamil Nadu

Year: 1955

.....1973 1 SCWR 1 : 1972 Tax LR 581 Followed by Madras High Court in Sriramulu V. Registrar, High Court , 1974 1 MLJ 390 : 88 LW 181 (DB) Court fees Act is a fiscal Act where an adjudication given by a Tribunal could fall within two provisions of the court fees Act, one of which was for the litigant and other more liberal, the court would apply that provision which was beneficial to the litigant " Diwan Brothers V. Central Bank of India and Others AIR 1976 SC 1503 : 1976 3 SCC 800. When plaintiff dexterously couch pleadings with a view to defeat the provisions of the Court fees Act, it is incumbent on the court look into the allegations in the plaint and see what is the substantive relief asked for .- Shamsher Singh V. Rajinder Prasad and Others, AIR 1973 SC 2284 : 1974 1 SCJ 270 : 1973 SCD 844 2. Application of Act " (1) The provisions of this Act shall not apply to " (a) (Proceedings in the Presidency Court of Small Causes, Madras ( omitted ) by Act XLIII of 1979. (b) documents presented or to be presented before an officer serving under the Central Government. (2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under.....

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The Sikkim Police Act, 2008 Complete Act

State: Sikkim

Year: 2008

THE SIKKIM POLICE ACT, 2008 THE SIKKIM POLICE ACT , 2008 (Act No . 15 of 2008) AN ACT To make provision for the law relating to the establishment and management of the Police organization and its functions. Be it enacted by the Legislature of Sikkim in the Fifty-ninth Year of the Republic of India as follows: CHAPTER I Preliminary: Definitions and Interpretations Short title, extent and commencement 1. (1) This Act may be called the Sikkim Police Act, 2008. (2) It extends to the whole of Sikkim. (3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint. Definitions 2. (1) In this Act, unless the context otherwise requires.- ( a) "Act" means the Sikkim Police Act, 2008 (b) "cattle" means and includes cows, buffalos, elephants, camels, horses, asses, mules, sheep, goats and swine (c) "core functions" means duties related to sovereign functions of the State including arrest, search, seizure, crime investigation, crowd control and allied functions that can only be performed by the police as the agency of the State (d) "Group `C' posts" means the posts so categorized under the.....

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Bombay Stamp Act, 1958 Complete Act

State: Maharashtra

Year: 1958

.....issued under clause (f) and on which any or all of the powers of the collector under this Act are conferrend" by the Bombay Stamp (Amendment) Act, 2006 (Act No. 12 of 2006) (w.e.f 01-05-2006) [so designated by the State Government and includes any other officer whom the State Government may, by notification in the Official Gazette, appoint in this behalf]] (h) "duly stamped" as applied to an instrument means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in the State;" (i) "executed" and "execution" used with reference to instruments, mean "signed" and "signature"; 14 Added by Mah.32 of 2005 (w.e.f 7-05-2005)Explanation.-The terms "signed" and "signature" also include attribution of electronic record as per section 11 of the Information Technology Act, 2000. (j) "Government securities" means a Government security as defined in the Public Debt Act, 1944; 15 Cl.(ja) was inserted by Mah.27 of 1985, S.2(d) (w.e.f. 1-12-1985)(ja) "immovable property" includes land, benefits to arise out of land, and things attached to the earth,.....

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Arbitration and Conciliation Act, 1996 Complete Act

State: Central

Year: 1996

ARBITRATION AND CONCILIATION ACT, 1996 ARBITRATION AND CONCILIATION ACT, 1996 [Act No. 26 of Year 1996, dated 16th. August, 1996] An Act to consolidate and amend the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral award as also to define the law relating to conciliation and for matters connected therewith or incidental thereto. PREAMBLE WHEREAS the United Nations Commission on International Trade law (UNCITRAL) has adopted the UNCITRAL Model Law on International Commercial Arbitration in 1985; AND WHEREAS the General Assembly of the United Nations has recommended that all countries give due consideration to the said Model Law, in view of the desirability of uniformity of the law of arbitral procedures and the specific needs of international commercial arbitration practice; AND WHEREAS the UNCITRAL has adopted the UNCITRAL Conciliation Rules in 1980; AND WHEREAS the General Assembly of the United Nations has recommended the use of the said Rules in cases where a dispute arises in the context of international commercial relations and the parties seek on amicable settlement of that dispute by recourse to.....

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Arbitration Act, 1940 [Repealed] Repealing Act 1

Title: Arbitration and Conciliation Act, 1996

State: Central

Year: 1940

.....who inlaw represents the estate of a deceased person, and includes any person whointermeddles with the estate of the deceased, and, where a party acts in arepresentative character, the person on whom the estate devolves on the deathof the party so acting; (h) "party" means a party to an arbitrationagreement. (2) This Part shall apply where the place of arbitrationis in India. (3) This Part shall not affect any other law for the timebeing in force by virtue of which certain disputes may not be submitted toarbitration. (4) This Part except sub-section (1) of section 40,sections 41 and 43 shall apply to every arbitration under any other enactmentfor the time being in force, as if the arbitration were pursuant to anarbitration agreement and as if that other enactment were an arbitrationagreement, except in so far as the provision of this Part are inconsistent withthat other enactment or with any rules madethereunder; (5) Subject to the provisions of sub-section (4), and savein so far as is otherwise provided by any law for the time being in force or inany agreement in force between India and any other country or countries, thisPart shall apply to all arbitrations and to.....

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Andhra Pradesh Court Fees and Suits Valuation Act, 1956 Complete Act

State: Central

Year: 1956

.....means prescribed by rules made under this Act; and (iv) expressions used and not defined in this Act or in the Andhra Pradesh General Clauses Act, 1891 (Act I of 1891), but defined in the Code of Civil Procedure, 1908-(Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER 02: LIABILITY TO PAY SECTION 04: LEVY OF FEE IN COURTS AND PUBLIC OFFICES No document which is chargeable with fee under this Act shall- (i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or (ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, except on payment of the fee chargeable in respect of such document under this Act: Provided that a document in respect of which the proper fee has not been paid may be filed or exhibited in a Criminal Court if the Court deems it necessary in the interests of justice to do so. SECTION 05: COLLECTION OF PROPER FEE ON DOCUMENTS When a document on which the whole or any part of the fee payable under this Act has not been paid is produced or received in any Court or public office, the Court or.....

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Finance Act, 2008 Complete Act

State: Central

Year: 2008

.....the meaning given by Article 2 of Council Regulation (EC) No. 1407/2002 (state aid to coal industry). (3) The production of coal includes the extraction of it. Excluded activities: producing steel 20C In paragraph 16(ic) "steel" means any of the steel products listed in Annex 1 to the Guidelines on national regional aid (2006/C 54/08), published in the Official Journal on 4 March 2006." (6) The amendments made by this section have effect in relation to options granted on or after the day on which this Act is passed. SECTION 34: Tax credits for certain foreign distributions: (1) Schedule 12 contains provision about tax credits for certain foreign distributions. (2) The amendments made by that Schedule have effect for the tax year 2008-09 and subsequent tax years. SECTION 35: Small companies relief: associated companies: (1) Section 13 of ICTA (small companies' relief) is amended as follows. (2) In the second sentence of subsection (4) (meaning of "control" for purposes of definition of "associated company"), insert at the end "except that, in the application of subsection (6) of that section in relation to the company ("the taxpayer company") and another company.....

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Arbitration Act, 1940 Complete Act

State: Central

Year: 1940

.....not after differences have arisen, concur in the appointment or appointments; or (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties or the arbitrators, as the case may be, do not supply the vacancy; or (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties. SECTION 09: POWER TO PARTY TO APPOINT NEW ARBITRATOR OR IN CERTAIN CASES, A SOLE ARBITRATOR - Where an.....

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