Bare Act Search Results

All India Services Act, 1951 Complete Act

State: Central

Year: 1951

.....309, the Government of India is now compelled to deal with many of these matters by means of non-statutory executive orders. This is neither satisfactory nor quite justifiable. 2. Before the commencement of the Constitution, the Government of India issued the Indian Civil Administrative Cadre Rules and the Indian Police Service Cadre Rules. Although these Rules, in so far as they are not inconsistent with the Constitution, are continued in force by Article 313of the Constitution, they authorise the regulation of only such items relating to the conditions of service as had already been settled. Emergency recruitment to these services to fill the gaps left by the departure of the British element in the I.C.S. and the Indian Police was still in progress at that time. Many matters relating to the conditions of service of such officers were only decided after the Constitution had come into force. Other very important matters such as the fixation of retirement benefits have yet to be settled. Arrangements have also been completed recently to extend the Indian Administrative Service and the Indian Police Service schemes to the Part B States. 3. It is necessary that Parliament should.....

Presidency-towns Insolvency Act, 1909 Part II

Title: Proceedings from Act of Insolvency to Discharge

State: Central

Year: 1909

.....petition (1) A creditor's petition shall be verified by affidavit of the creditor, or of some person on his behalf having knowledge of the facts. (2) At the hearing the Court shall require proof of (a) the debt of the petitioning creditor, and (b) the act of insolvency, or, if more than one act of insolvency is alleged in the petition, some one of the alleged acts of insolvency. (3) The Court may adjourn the hearing of the petition and order service thereof on the debtor. (4) The Court shall dismiss the petition (a) if it is not satisfied with the proof of the facts referred to in sub-section (2); or (b) if the debtor appears and satisfies the Court that he is able to pay his debts, or that he has not committed an act of insolvency or that for other sufficient cause no order ought to be made. (5) The Court may make an order of adjudication if it is satisfied with the proof above referred to, or if on a hearing adjourned under sub-section (3) the debtor does not appear and service of the petition on him is proved, unless in its opinion the petition ought to have been presented before some other Court having insolvency jurisdiction. (6) Where the debtor.....

Presidency Towns Insolvency Act, 1909 Complete Act

State: Central

Year: 1909

.....and non-traders has been abolished. Under the Act there is power to appoint special assignees, but it is believed that this power has never in fact beep exercised in recent years. The object of it is to secure for the creditors some control over the proceedings in insolvency, but the fact that it is not made use of appears' to show that it is ineffective for that purpose. It is proposed therefore, for consideration, that the power to appoint special assignees should not be retained, but that there should be power to appoint a committee of creditors to supervise proceedings in cases in which it may be desirable to do so. This procedure is new to Indian law and for that reason it seems inexpedient, in the first instance, to define with any exactness the extent of the control which should be given to such committees. It is thought better to Lave the matter to roles, in order that advantage may be taken of experience. Under the English system the supervising authority for bankruptcy proceedings is the Board of Trade, but ] India we have nothing corresponding to that body; powers of supervision must therefore be left to the Courts.......surrenuering any practical advantage by.....

Presidency-towns Insolvency Act, 1909 Section 39

Title: Cases in Which the Court Must Refuse an Absolute Discharge

State: Central

Year: 1909

.....the insolvent has committed any offence under this Act, or under sections 421 to 424 of the Indian Penal Code, and shall, on proof of any of the facts hereinafter mentioned, either-- (a) refuse the discharge; or (b) suspend the discharge for a specified time; or (c) suspend the discharge until a dividend of not less than four annas in the rupee has been paid to the creditors; or (d) require the insolvent as a condition of his discharge to consent to a decree being passed against him in favour of the official assignee for any balance or part of any balance of the debts provable under the insolvency which is not satisfied at the date of his discharge; such balance or part of any balance of the debts to be paid out of the future earnings or after-acquired property of the insolvent in such manner and subject to such conditions as the Court may direct; but in that case the decree shall not be executed without leave of the Court, which leave may be given on proof that the insolvent has since his discharge acquired property or income available for payment of his debts. (2) The facts hereinbefore referred to are (a) that the insolvent's assets are not of a value equal to.....

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....

Indira Gandhi National Open University Act, 1985 Schedule II

Title: Second Schedule

State: Central

Year: 1985

.....of Management under the provision of Statute 13(1). Provided also that a Lecturer appointed on probation would be confirmed only after he has satisfactorily completed a proper short-term orientation programme as may be determined by the University and that his performance appraisal reports are satisfactory. (7) Confirmation-(a) It shall be the duty of the Registrar to place before the Board of Management the case of confirmation of a teacher on probation not later than forty days before the end of period of probation. (b) The Board of Management may then either confirm the teacher or decide not to confirm or extend the period of probation so as not to exceed twenty four months in all. In case the Board of Management decides not to confirm the teacher whether before the end of twelve months period of his probation or before the end of the extended period of probation, as the case may be, he shall be informed in writing to the effect not later than thirty days before the expiration of that period. (c) A teacher appointed by the Board of Management under Statute 13(1) shall be deemed to be confirmed with effect from the date he joins duty. (8) Increment-Every teacher shall.....

Monopolies and Restrictive Trade Practices Act, 1969 Chapter 1

Title: Preliminary

State: Central

Year: 1969

.....specify in this behalf;] 14 [(e) "goods" means goods as defined in the Sale of Goods Act, 1930 (8 of 1930), and includes,- (i) products manufactured, processed or mined in India; 15 [(ii)shares and stocks including issue of shares before allotment;] (iii)in relation to goods supplied, distributed or controlled in India, goods imported into India;] 16 [***] 17 [(ef) "group" means a group of- (i)two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate (excluding financial institutions), or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust; or (ii)associated persons; Explanation.-For the purposes of this clause- (I) a group of persons who are able, directly or indirectly, to control the policy of a body corporate, firm or trust, without having a controlling interest in that body corporate, firm or trust, shall also be deemed to be in a position to exercise control over it; (II) "associated persons"- (a) in relation to a director of a body corporate, means- (i) a relative of such director, and.....

Monopolies and Restrictive Trade Practices Act, 1969 Section 2

Title: Definitions

State: Central

Year: 1969

.....specify in this behalf;] 14 [(e) "goods" means goods as defined in the Sale of Goods Act, 1930 (8 of 1930), and includes,- (i) products manufactured, processed or mined in India; 15 [(ii)shares and stocks including issue of shares before allotment;] (iii)in relation to goods supplied, distributed or controlled in India, goods imported into India;] 16 [***] 17 [(ef) "group" means a group of- (i)two or more individuals, associations of individuals, firms, trusts, trustees or bodies corporate (excluding financial institutions), or any combination thereof, which exercises, or is established to be in a position to exercise, control, directly or indirectly, over any body corporate, firm or trust; or (ii)associated persons; Explanation.-For the purposes of this clause- (I) a group of persons who are able, directly or indirectly, to control the policy of a body corporate, firm or trust, without having a controlling interest in that body corporate, firm or trust, shall also be deemed to be in a position to exercise control over it; (II) "associated persons"- (a) in relation to a director of a body corporate, means- (i) a relative of such director, and.....

Trade Marks Act, 1999 (47 of 1999) Chapter 13

Title: Miscellaneous

State: Central

Year: 1999

.....(not being a proceeding before the Appellate Board or a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest. Section 131 - Extension of time (1) If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly. (2) Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section. Section.....

Trade Marks Act, 1999 (47 of 1999) Section 142

Title: Groundless Threats of Legal Proceedings

State: Central

Year: 1999

.....such damages (if any) as he has ' sustained, unless the first-mentioned person satisfies the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the trade mark. (2) The last preceding sub-section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub-section (1) of section 52 with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark. (3) Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client. (4) A suit under sub-section (1) shall not be instituted in any court inferior to a District Court.