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Start Free TrialCode of Criminal Procedure, 1898 Complete Act
State: Central
Year: 1898
.....(2) of Section 5, for the words 'but subject to any enactment', substitute the words 'but, save as otherwise provided by this Code, subject to any enactment'. [W.B. Act 8 of 1970, Section 3 and Sch., item 2]. (1) All offences under the Indian Penal Code shall be investigated, inquired into, tried and otherwise dealt with according to the provisions hereinafter contained. Trial of offences against other laws (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. PART 2 CONSTITUTION AND POWERS OF CRIMINAL COURTS AND OFFICES: CHAPTER 2: OF THE CONSTITUTION OF CRIMINAL COURTS AND OFFICES: SECTION 6: Glasses of Criminal Courts: Besides the High Courts and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in [India], namely,- : State Amendments GUJARAT.-In its application to the State of Gujarat the amendment made in Section 6 is the.....
List Judgments citing this sectionNational Security Act, 1980 Complete Act
State: Central
Year: 1980
.....proximately connected with the person detained. Such a provision already exists in the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 (52 of 1974); (b) to provide that the expiry or revocation of an earlier detention order shall not bar the making of a subsequent detention order against the same person subject lo the condition .that, where no fresh facts have arisen after the expiry or revocation of the carlier detention order, the maximum period for which a person may be detained in pursuance of the subsequent detention order shall not exceed the existing limit of the maximum period of detention of tweleve months from the date of earlier detention order. In the case of the application of the Act to the State of Punjab and the Union territory of Chandigarh, the said maximum period of detention will be two years. . 3. The Bill seeks to replace the aforesaid Ordinance. Gar. of Ind., 6-8-1984. Pt. II, S. 2, Ext., p. 22 (No. 41) Act 23 of 1985.- The activities of the extremist and terrorist elements in the "disturbed areas" of Punjab and Chandigarh continue to be a matter of serious concern. To enable the Administration to deal effectively with.....
List Judgments citing this sectionPrevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Section 6
Title: Grounds of Detention Severable
State: Central
Year: 1988
Where a person has been detained in pursuance of an order of detention under sub-section (1) of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-- (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-- (i) vague, (ii) non-existent, (iii) not relevant, (iv) not connected or not proximately connected with such person, or (v) invalid for any other reason whatsoever, and it is not therefore possible to hold that the Government or officer making such order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention; (b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provided in that sub-section with reference to the remaining ground or grounds.
View Complete Act List Judgments citing this sectionConservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Section 5A
Title: Grounds of Detention Severable
State: Central
Year: 1974
1 [5A. Grounds of detention severable Where a person has been detained in pursuance of an order of detention under sub-section (1) of section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-- (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-- (i) vague, (ii) non-existent, (iii) not relevant, (iv) not connected or not proximately connected with such person, or (v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in sub-section (1) of section 3 with reference to the remaining ground or grounds and made the order of detention; (b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said sub-section (1) after being satisfied as provide din that sub-section with reference to the remaining ground or grounds.] _______________________ 1. Inserted. by Act No. 35 of 1975,section 2 w.e.f. 1-7-1975.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Chapter IX
Title: Of Certain Obligations in the Nature of Trusts
State: Central
Year: 1882
.....performance could be enforced, the former must hold the property for the benefit of the latter to the extent necessary to give effect to the contract. Section 92 - Purchase by person contracting to buy property to be held on trust Where a person contracts to buy property to be held on trust for certain beneficiaries and buys the property accordingly, he must hold the property for their benefit to the extent necessary to give effect to the contract. Section 93 - Advantage secretly gained by one of several compounding creditors Where creditors compound the debts due to them, and one of such creditors, by a secret arrangement with the debtor, gains an undue advantage over his co-creditors, he must hold for the benefit of such creditors the advantage so gained. Section 94 - Constructive trust in cases not expressly provided for (Rep. by the Benami Transactions (Prohibition) Act, 1988, sec. 7 (w.e.f. 19.5.1988)). Illustrations (a) A, an executor, distributes the assets of his testator B to the legatees without having paid the whole of B's debts. The legatees hold for the benefit of B's creditors, to the extent necessary to satisfy their just demands, the assets so.....
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 83
Title: Trust Incapable of Execution or Executed Without Exhausting Trust-property
State: Central
Year: 1882
Where a trust is incapable of being executed, or where the trust is completely executed without exhausting the trust-property, the trustee, in the absence of a direction to the contrary, must hold the trust-property, or so much thereof as is unexhausted, for the benefit of the author of the trust or his legal representative. Illustrations (a) A conveys certain land to B -- "upon trust", and no trust is declared; or "upon trust to be thereafter declared", and no such declaration is ever made; or upon trusts that are too vague to be executed; or upon trust become incapable of taking effect; or "in trust for C", and C renounces his interest under the trust In each of these cases B holds the land for the benefits of A. (b) A transfers Rs.10,000 in the four per cents to B, in trust to pay the interest annually accruing due to C for her life. A dies. Then C dies. B holds the fund for the benefit of A's legal representative. (c) A conveys land to B upon trust to sell it and apply one moiety of the proceeds for certain charitable purposes, and the other for the maintenance of the worship of an idol. B sells the land, but the charitable purposes wholly fail, and the ma
View Complete Act List Judgments citing this sectionNational Security Act, 1980 Section 5A
Title: Grounds of Detentionseverable
State: Central
Year: 1980
.....a person has been detained in pursuance of an order of detention [whether made before or after the commencement of the National Security (Second Amendment) Act, 1984] under section 3 which has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly-- (a) such order shall not be deemed to be invalid or inoperative merely because one or some of the grounds is or are-- (i) vague, (ii) non-existent, (iii) not relevant, (iv) not connected or not proximately connected with such person, or (v) invalid for any other reason whatsoever, and it is not, therefore, possible to hold that the Government or officer making such order would have been satisfied as provided in section 3 with reference to the remaining ground or grounds and made the order of detention; (b) the Government or officer making the order of detention shall be deemed to have made the order of detention under the said section after being satisfied as provided in that section with reference to the remaining ground or grounds.] _____________________ 1. Ins. by Act 60 of 1984, sec. 2 (w.r.e.f. 21-6-1984).
View Complete Act List Judgments citing this sectionBanking Companies (Acquisition and Transfer of Undertakings) Act, 1980 Complete Act
State: Central
Year: 1980
.....by him in this behalf realise any asset and discharge any liability of the existing bank. (4) Unless otherwise expressly provided by this Act, all contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature subsisting or having effect immediately before the commencement of this Act and to which the existing bank is a party or which are in favour of the existing bank shall be of full force and effect against or in favour of the corresponding new bank, and may be enforced or acted upon as fully and effectually as if in the place of the existing bank the corresponding new bank had been a party thereto or as if they had been issued in favour of the corresponding new bank. (5) If, immediately before the commencement of this Act, any suit, appeal or other proceeding of whatever nature in relation to any business of the undertaking which has been transferred under section 4-, is pending by or against the existing bank, the same shall not abate, be discontinued or be in any way, prejudicially affected by reason of the transfer of the undertaking of the existing bank or of anything contained in this Act but.....
List Judgments citing this sectionConservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 Complete Act
State: Central
Year: 1974
.....OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974 52 of 1974 An Act to provide for preventive detention in certain cases for the purposes of conservation and augmentation of Foreign Exchange and prevention of smuggling activities and for matters connected therewith. Whereas violations of foreign exchange regulations and smuggling activities are having an increasingly deleterious effect on the national economy and thereby a serious adverse effect on the security of the State; And whereas having regard to the persons by whom and the manner in which such activities or violations are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to smuggling, smuggling activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities and violations to provide for detention of persons concerned in any manner therewith; BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT.....
List Judgments citing this sectionDentists Act, 1948 Complete Act
State: Central
Year: 1948
.....effectively. The Bill seeks to achieve the above objects S.O.R. Gaz., of India. 1-6-72. Pt. II.S.2. Ext. P. 598. ACT 30 of 1993 : - The Dentists Act, 1948 was enacted with the object of regulating the profession of dentistry and for that purpose to constitute Dental Councils. 2. The experience of the working of the Act has brought to light certain inadequacies. One of the most noticeable inadequacies has been the mushrooming of the dental colleges without adequate academic and training facilities as laid down in the regulations of the Dental Council of India. At present, the law does not require any one to seek the prior permission of Dental Council of India before establishing a new dental college or for adding a new course of study or post- graduate course or for increasing the capacity of 'students in any existing college, taking advantage of these legal lacumae dental colleges were being established after obtaining the permission of the State Government and affiliation from the University concerned. After the students had put in two or three years of study, such colleges were approaching the Dental Council of India for recognition. The Dental Council of India is not in a.....
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