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 (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.....

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.....

Juvenile Justice Act, 1986 [Repealed] Section 2

Title: Definitions

State: Central

Year: 1986

.....station or jail), the person in charge of which is willing temporarily to receive and take care of a juvenile and which, in the opinion of the competent authority may be a place of safety for the juvenile ; (p) "prescribed" means prescribed by rules made under this Act; (q) "probation officer" means an officer appointed as a probation officer under this Act or under the Probation of Offenders Act, 1958 (20 of 1958); (r) "special home" means an institution established or certified by the State Government under Sec. 10 ; (s) "supervision", in relation to a juvenile placed under the care of any parent, guardian or other fit person or fit Institution under this Act, means the supervision of that juvenile by a probation officer for the purpose of ensuring that the juvenile is properly looked after and that the conditions imposed by the competent authority are complied with ; (t) 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 that Code.

Juvenile Justice (Care and Protection of Children) Act, 2000 Section 2

Title: Definitions

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.....

Juvenile Justice Act, 1986 [Repealed] Chapter I

Title: Preliminary

State: Central

Year: 1986

.....or fit Institution under this Act, means the supervision of that juvenile by a probation officer for the purpose of ensuring that the juvenile is properly looked after and that the conditions imposed by the competent authority are complied with ; (t) 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 that Code. Section 3 - Continuation of inquiry in respect of juvenile who has ceased to be a juvenile Where an inquiry has been initiated against a juvenile and during the course of such inquiry the juvenile ceases to be such, then, notwithstanding anything contained in this Act or in any other law for the time being in force, inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile.

Contract Act, 1872 Complete Act

State: Central

Year: 1872

CONTRACT ACT, 1872 CONTRACT ACT, 1872 9 of 1872 CHAPTER 00: PRELIMINARY SECTION 01: SHORT TITLE This Act may be called the Indian Contract Act, 1872. Extent and commencement.-It extends to the whole of India except the State of Jammu and Kashmir; and it shall come into force on the first day of September, 1872. Enactments repealed.-Nothing herein contained shall affect the provisions of any Statute, Act or Regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this Act. SECTION 02: INTERPRETATION CLAUSE. In this Act the following words and expressions are used in the following senses, unless a contrary intention appears from the context :- (a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal: (b) When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise: (c) The person making the proposal is called the "promisor",.....

Juvenile Justice Act, 1986 Complete Act

State: Central

Year: 1986

JUVENILE JUSTICE ACT, 1986 JUVENILE JUSTICE ACT, 1986 53 of 1986 An Act to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles. Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called The Juvenile Justice Act, 1986. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "begging" means- (i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise; (ii) exposing or exhibiting, with the object.....