Bare Act Search Results

Usurious Loans Act, 1918 Complete Act

State: Central

Year: 1918

.....rates. This subject has engaged the attention of the Government of India frequently in the past and in 1899 sections 16and19 of the Indian Contract Act. 1872, were amended so as to enunciate more clearly the principle on which a contract can be avoided on the ground of undue influence. Those amendments had' the effect of conferring on the Courts in India equitable jurisdiction in cases relating to usurious contracts in which the element of undue influence is established, but where undue influence cannot be established the result has been to emphasize the rigidity of section 2 of the Usury Laws Repeal Act (XXVIII of 1855), however exorbitant the demand, and however unconscionable the bargain. Further there has been a tendency on the part of the Courts to place upon the word "unconscionable" in section 16 of the Indian Contract Act the, technical meaning which it has acquired in English equity, and consequently to limit their own powers of interference. Lastly the particular transaction before the Court is often merely one of a series and unless there is power to go behind it and examined antecedent agreements and attendant circumstances there is little hope of the Courts.....

Indian Contract Act, 1872 Chapter 2

Title: Of Contracts, Voidable Contracts and Void Agreements

State: Central

Year: 1872

.....him to enter into the contract : (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it; (4) any other act fitted to deceive; (5) any such act or omission as the law specially declares to be fraudulent. Explanation.-Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2 , or unless his silence is, in itself, equivalent to speech. Illustrations (a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness. This is not fraud in A. (b) B is A's daughter and has just come of age. Here, the relation between the parties would make it A's duty to tell B if the horse is unsound. (c) B says to A-"If you do not deny it, I shall assume that the horse is sound." A says nothing. Here, A's silence is equivalent to speech. (d) A and B, being.....

Indian Contract Act, 1872 Section 16

Title: Undue Influence Defined

State: Central

Year: 1872

.....sum for his professional services, B employs undue influence. (c) A, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to prove that the contract was not induced by undue influence. (d) A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms. This is a transaction in the ordinary course of business, and the contract is not induced by undue influence.] ______________________ 1.Substituted by Act 6 of 1899, section 2, for the original section 16.

Juvenile Justice Act, 1986 [Repealed] Chapter VII

Title: Miscellaneous

State: Central

Year: 1986

.....passed. Repealing Act 1 - JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 [Act, No. 56 of 2000] [30th December, 2000] PREAMBLE An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment. Whereas the Constitution has, in several provisions, including clause (3) of article 15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected; And Whereas, the General Assembly of the United Nations has adopted the Convention on the Rights of the Child on the 20th November, 1989; And Whereas, the Convention on the Rights of the Child has prescribed a set of standards to.....

The Kerala Buildings (Lease and Rent Control) Complete Act

State: Kerala

Year: 1965

.....in possession after the termination of the tenancy in his favour but does not include a kudikidappukaran as defined in the Kerala land reforms Act, 1963 (Kerala Act of 1964), or a person placed in occupation of a building by its tenant, or a person to whom the collection of rents or fees in a public market cart stand or slaughter-house or of rents for shops has been farmed out or leased by a Municipal Council, Municipal Corporation, Township Committee or Panchayat;.'] (7) "unconscionable rent" means any rent which is more than double the maximum of the fair rent that could be fixed for a building under section 5. 3. Constitution of Rent Control Courts and appointment of Accommodation Controllers.-(1) The Government may, by notification in the Gazette, appoint a person who is or is qualified to be appointed, a Munsiff to be the Rent Control Court for such local areas as may be specified therein . (2) The Government may, by notification in the gazette, appoint any Officer not below the rank of a Tahsildar to be the Accommodation Controller for any area to which this Act applies. (3) The Accommodation Controller shall exercise his powers and perform his functions.....

The Tripura Building (Lease and Rent Control) Act, 1975 Complete Act

State: Tripura

Year: 1975

.....Assembly of Tripura in the Twenty-sixth Year of the Republic of India as follows :- Short title, extent, application and commencement. 1. (1) This Act may be called the Tripura Buildings (Lease and Rent Control) Act,1975. (2) It extends to the whole of the State of Tripura. (3) It applies at the first instance to the areas mentioned in the Schedule and the State Government may, by a notification in the Official Gazette, apply all or any provisions of this Act to any other area in the State with effect from such date as may be specified in the notification and may, by like notification, cancel or modify such notification or withdraw the application of all or any of the provisions of this Act from any area mentioned in the Schedule : Provided that this Act shall not apply--- (a) to any premise belonging to any local authority, (b) to any premise belonging to or requisition by the Government, or (c) to any tenancy created by the government in respect of any premise taken on lease by the Government. (4) It shall be deemed to have come into force on and from the first day of January, 1975. Definitions. 2. In this Act, unless the context otherwise requires,-- (a) "Accommodation.....

Juvenile Justice (Care and Protection of Children) Act, 2000 Chapter I

Title: Preliminary

State: Central

Year: 2000

.....the juvenile and which, in the opinion of the competent authority, may be a place of safety for the juvenile; (r) "prescribed" means prescribed by rules made under this Act; (s) "probation officer" means an officer appointed by the State Government as a probation officer under the Probation of Offenders Act, 1958 (20 of 1958); (t) "public place" shall have the meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956 (104 of 1956); (u) "shelter home" means a home or a drop-in-centre set up under section 37; (v) "special home" means an institution established by a State Government or by a voluntary organisation and certified by that Government under section 9; (w) "special juvenile police unit" means a unit of the police force of a State designated for handling of juveniles or children under section 63; (x) "State Government", in relation to a Union territory, means the Administrator of that Union territory appointed by the President under article 239 of the Constitution; (y) all words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1973 (2 of 1974), shall have the meanings respectively assigned to them in.....

Public Debt Act, 1944 Complete Act

State: Central

Year: 1944

.....only in so far as it deals with public debt of the Central Government. The present legislation, therefore, takes the form of a Bill to be enacted as a separate Act, applicable only to securities of the Central Government, which will reproduce the provisions of the 1920 Act with amendments designed to remedy the defects already referred to, and with certain other amendments the necessity or desirability of which is suggested by experience in the administration of the Act during last two decades. In this reproduction of the provisions of the 1920 Act, those provisions have been rearranged so as to group together sections dealing with the incidents common to the different forms in which loans of the Central Government are held and to relegate to separate sections the incidents peculiar to negotiable instruments."-Gaz. Of ind., 1943, Part V, page 162. Amendment Act 6 of 1949.- "Until 1946the Indian Securities Act, 1920, governed the securities issued by both the Central and the Provincial Governments. The working of this Act disclosed certain defects and it was considered necessary to amend it, particularly in the context of the very large increase of the public debt during.....

The Freedom of Information Act, 2002 Complete Act

State: Orissa

Year: 2002

.....of the Governmental agencies by requiring them to make public certain information about their working and work product. THE FREEDOM OF INFORMATION ACT, 2002 An Act to provide for freedom to every citizen to secure access to information under the control of public authorities, consistent with public interest, in order to promote openness, transparency and accountability in administration and in relation to matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows: CHAPTER - I PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Freedom of Information Act, 2002 (2) It extends to the whole of India except the State of Jammu and Kashmir (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition In this Act, unless the context otherwise requires " (a) "appropriate government" means in relation to a public authority established, constituted, owned, substantially financed by funds provided directly or indirectly or controlled " (i) by the Central Government, the Central.....

The Juvenile Justice (Care and Protection of Children) Act, 2000 Complete Act

State: Meghalaya

Year: 2000

.....Gazette of India Ministry of Law, Justice and Company Affairs (Legislative Department) THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 (Act No. 56 of 2000) [30th December 2000] An Act to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection, by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this enactment. WHEREAS the Constitution has, in several provisions, including clause (3) of article 15, clauses (e) and (f) of article 39, articles 45 and 47, impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected; AND WHEREAS, the General Assembly of the United Nations has adopted the Convention on the Rights of the Child on the 20th November, 1989; AND WHEREAS, the Convention on the Rights of the Child has prescribed a set of standards to be adhered to.....