Bare Act Search Results

Departmental Proceedings (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1973 Complete Act

State: West Bengal

Year: 1973

.....Short title and extent (1) This Act may be called the Departmental Proceedings (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1973. Section 2 Departmental proceedings to which the Act shall apply The provisions of this Act shall apply to every departmental proceedings made in relation to (a) persons appointed to public services or posts in connection with affairs of the State; (b) persons who, having been appointed to any public service or post in connection with the affairs of the State, are in service or pay of- (i) any local authority, (ii) any corporation owned or controlled by the State Government, (iii) any Government company within the meaning of section 617 of the Companies Act, 1956, in which not less than fifty-one per cent. of the paid-up share capital is held by the State Government or any company which is a subsidiary of such Government company, (iv) any society registered under the West Bengal Societies Registration Act, 1961, which is subject to the control of the State Government. Section 3 Definitions For the purposes of this Act, (a) "departmental proceedings" mean proceedings held under and in accordance with (i) any law made.....

The Rajasthan Lokayukta and Uplokayuktas Act, 1973 Complete Act

State: Rajasthan

Year: 1973

.....to each of them matters, which may be investigated by them under this Act: Provided that, no investigation made by an Up-Lokayukta under this Act and no action taken or thing done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter, which is not assigned to him by such order. 8. Matters not subject to investigation .-(1) The Lokayukta or an Up-Lokayukta shall not investigate any action:- (a) in respect of which a formal and public inquiry has been ordered under the Public Servants (Inquiries) Act, 1850 (Central Act 37 of 1850), with the prior concurrence of the Lokayukta; or (b) in respect of a matter which has been referred for inquiry under the Commissions of Inquiry Act, 1952 (Central Act 60 of 1952) with the prior concurrence of the Lokayukta. (2) The Lokayukta or an Up-Lokayukta shall not investigate any complaint which is excluded from his jurisdiction by virtue of a notification issued under section 19. (3) The Lokayukta or an Up-Lokayukta shall not investigate any complaint involving an allegation, if the complaint is made after the expiry of five years from the date on which the.....

Code of Criminal Procedure, 1973 Section 344

Title: Summary Procedure for Trial for Giving False Evidence

State: Central

Year: 1973

.....to fine which may extend to five hundred rupees, or with both. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the Court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section. (4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

Code of Criminal Procedure, 1973 Chapter 21

Title: Summary Trials

State: Central

Year: 1973

.....offences:- (i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860 ), where the value of the property stolen does not exceed two hundred rupees; (iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860 ), where the value of the property does not exceed two hundred rupees; (iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code (45 of 1860) where the value of such property does not exceed two hundred rupees; (v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860); (vi) insult with intent to provoke a breach of the peace, under section 504 and1[criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both], under section 506 of the Indian Penal Code (45 of 1860); (vii) abetment of any of the foregoing offences; (viii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (ix) any offence constituted by an.....

Code of Criminal Procedure, 1973 Chapter 14

Title: Conditions Requisite for Initiation of Proceedings

State: Central

Year: 1973

.....(1), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act if declared by that Act to be a Court for the purposes of this section. ( 4 ) For the purposes of clause (b) of sub-section (1 ), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from appealable decrees or sentences of such former Court, or in the case of a civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate: Provided that- (a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate; (b) where appeals lie to a civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed. __________________________ 1. Amended vide Criminal Law (Amendment) Act, 2005. Earlier the text was as under: .....

Slum Areas (Improvement and Clearance) Act, 1973 Section 28

Title: Proceedings for Eviction of Tenants Not to Be Taken Without Permission of the Prescribed Authority

State: Karnataka

Year: 1973

.....prescribed. (3) On receipt of such application, the prescribed authority after giving an opportunity to the parties of being heard and after making such summary enquiry into the circumstances of the case as it thinks fit, shall, by order in writing, either grant or refuse to grant such permission. (4) In granting or refusing to grant permission under sub-section (3), the prescribed authority shall take into account the following factors, namely:- (a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted; (b) whether the eviction is in the interest of improvement and clearance of the slum area; (c) such other factors, if any, as may be prescribed. (5) Where the prescribed authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.

Code of Criminal Procedure, 1973 Chapter 16

Title: Commencement of Proceedings Before Magistrates

State: Central

Year: 1973

.....paid within a reasonable time, the Magistrate may dismiss the complaint. (5) Nothing in this section shall be deemed to affect the provisions of section 87. Section 205 - Magistrate may dispense with personal attendance of accused (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader. (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided. Section 206 - Special summons in cases of petty offence (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 2603[or section 261], the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit.....

Code of Criminal Procedure, 1973 Section 350

Title: Summary Procedure for Punishment for Non-attendance by a Witness in Obedience to Summons

State: Central

Year: 1973

(1) If any witness being summoned to appear before a Criminal Court legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials.

Code of Criminal Procedure, 1973 Chapter 35

Title: Irregular Proceedings

State: Central

Year: 1973

.....arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice. Section 463 - Non-compliance with provisions of section 164 or section 281 (1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision. Section 464 - Effect of omission to frame, or absence of, or error in, charge (1) No finding sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on.....

Code of Criminal Procedure, 1973 Section 263

Title: Record in Summary Trials

State: Central

Year: 1973

In every case tried summarily, the Magistrate shall enter, in such form as the Stale Government may direct, the following particulars, namely: (a) the serial number of the case; (b) the date of the commission of the offence; (c) the date of the report of complaint; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence (if any ) proved, and in cases coming under clause (ii), clause (iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has been committed; (g) the plea of the accused and his examination (if any); (h) the finding; (i) the sentence or other final order; (j) the date on which proceedings terminated.