Bare Act Search Results

The Maharashtra Vexatious Litigation (Prevention) Act, 1971 Complete Act

State: Maharashtra

Year: 1971

.....obtain leave before instituting or continuing proceedings shall be published in the Official Gazette and may also be published in such other manner as the High Court thinks fit. SECTION 03: PROCEEDINGS INSTITUTED OR CONTINUED WITHOUT LEAVE TO BE DISMISSED Any proceedings instituted or continued in any Court by a person against whom an order under sub-section (1) of the last preceding section has been made, without obtaining the leave referred to in that section, shall be dismissed by the Court Provided that, this section shall not apply to any proceedings instituted for the purpose of obtaining such leave. SECTION 04: SAVINGS The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force for prevention of vexatious proceedings or other abuse of legal process, or which require consent, sanction or approval in any form of any other authority for the institution or continuance of any proceedings. Maharashtra State Acts

Code of Civil Procedure, 1908 Section 35A

Title: Compensatory Costs in Respect of False or Vexatious Claims or Defences

State: Central

Year: 1908

.....this section in respect of a false or vexatious claim or defence shall be taken into account in any subsequent suit for damages or compensation is respect of such claim or defence.] __________________ 1. Section 35A was Inserted by Act 9 of 1922, section 2, which, under section 1(2) thereof may be brought into force in any State by the State Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, Orissa and Tamil Nadu. 2. Substituted by Act 66 of 1956, section 4, for "not being an appeal" (w.e.f. 1-1-1957). 3. Substituted by Act 104 of 1976, section 14(i), for "excluding an appeal" (w.e.f. 1-2-1977). 4. Substituted by Act 66 of 1956, section 4, for certain words (w.e.f. 1-1-1957). 5. Substituted by Act 104 of 1976, section 14(ii), for "one thousand rupees" (w.e.f. 1-2-1977). 6. Inserted by Act 2 of 1951, section 7 (w.e.f. 1-4-1951). 7. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for "a Part B State". 8. Substituted by Act 2 of 1951, section 7, for "under that Act" (w.e.f. 1-4-1951).

Drugs and Cosmetics Act, 1940 (23 of 1940) Section 34AA

Title: Penalty for Vexatious Search or Seizure

State: Central

Year: 1940

1[34AA. Penalty for vexatious search or seizure Any Inspector exercising powers under this Act or the rules made thereunder, who,-- (a) without reasonable ground of suspicion searches any place, vehicle, vessel or other conveyance; or (b) vexatiously and unnecessarily searches any person; or (c) vexatiously and unnecessarily seizes any drug or cosmetic, or any substance or article, or any record, register, document or other material object; or (d) commits, as such Inspector, any other act, to the injury of any person without having reason to believe that such act is required for the execution of his duty, shall be punishable with fine which may extend to one thousand rupees.] _____________________ 1. Inserted by Act 68 of 1982, section 36 (w.e.f. 1-2-1983).

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 58

Title: Punishment for Vexatious Entry, Search, Seizure or Arrest

State: Central

Year: 1985

(1) Any person empowered under section 42 or section 43 or section 44 who-- (a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place; (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or (c) vexatiously and unnecessarily detains, searches or arrests any person, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. (2) Any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this Act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

Companies Act, 1956 Section 625

Title: Payment of Compensation in Cases of Frivolous or Vexatious Prosecution

State: Central

Year: 1956

.....of any case instituted upon the complaint of a shareholder against the company or any officer thereof in pursuance of section 621, the provisions of section 250 of the Code of Criminal Procedure, 1898 (5 of 1898), shall not apply and the following provisions shall apply instead. (2) If the Magistrate by whom any such case is heard discharges or acquits all or any of the accused, and is of opinion that the accusation against them or any of them was false and either frivolous or vexatious, the Magistrate may, by his order of discharge or acquittal, if the shareholder upon whose complaint the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused, or to each or any of such accused when there is more than one, or if such shareholder is not present, direct the issue of a summons to him to appear and show cause as aforesaid. (3) The Magistrate shall record and consider any cause which such shareholder may show; and if the Magistrate is satisfied that the accusation was false and other frivolous or vexatious, he may, for reasons to be recorded, direct that compensation to such amount as he may determine be paid by.....

Consumer Protection Act, 1986 Section 26

Title: Dismissal of Frivolous or Vexatious Complaints

State: Central

Year: 1986

1 [26.Dismissal of frivolous or vexatious complaints Where a complaint instituted before the DistrictForum, the State Commission or, as the case may be, the National Commission isfound to be frivolous or vexatious, it shall, for reasons to be recorded inwriting, dismiss the complaint and make an order that the complainant shall payto the opposite party such cost, not exceeding ten thousand rupees, as may bespecified in the order.] ______________________ 1.Substituted by Act 50 of 1993, section 20, for section 26(w.r.e.f. 18-6-1993).

Medicinal and Toilet Preparations Excise Duties Act, 1955 Section 17

Title: Vexatious Search, Seizure, Etc. by Excise Officer

State: Central

Year: 1955

(1) Any officer exercising powers under this Act or under the rules made thereunder who-- (a) without reasonable ground of suspicion searches or causes to be searched any place, conveyance or vessel; (b) vexatiously and unnecessarily detains, searches or arrests any person; (c) vexatiously and unnecessarily seizes the movable property of any person on pretence of seizing or searching for any article liable to confiscation under this Act; (d) commits, as such officer, any other act Jo the injury of any person without having reason to believe that such act is required for the execution of his duty; shall, for every such offence, be punishable with fine which may extend to two thousand rupees. (2) Any person wilfully and maliciously giving false information and so causing an arrest or a search to be made under this Act shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

Central Excise Act, 1944 Section 22

Title: Vexatious Search, Seizure, Etc., by Central Excise Officer

State: Central

Year: 1944

Any Central Excise or other Officer exercising powers under this Act or under the rules made thereunder who-- (a) without reasonable ground of suspicion searches or causes to be searched any house, boat or place; (b) vexatiously and unnecessarily detains, searches or arrests any person; (c) vexatiously and unnecessarily seizes the movable property of any person, on pretence of seizing or searching for any article liable to confiscation under this Act; (d) commits, as such officer, any other act to the injury of any person, without having reason to believe that such act is required for the execution of his duty; shall, for every such offence, be punishable, with fine which may extend to two thousand rupees. Any person wilfully and maliciously giving false information and so causing an arrest or, a search to be made under this Act shall be punishable with fine which may extend to two thousand rupees or with imprisonment for a term which may extend to two years or with both.

Spirituous Preparations (Inter-state Trade and Commerce) Control Act, 1955 Section 9

Title: Vexatious Search, Seizure, Etc., by Officers Exercising Powers Under the Act

State: Central

Year: 1955

(1) Any officer exercising powers under this Act or under the rules made thereunder who- (a) without reasonable ground for believing that it is necessary so to do, searches or causes to be searched any house, building or enclosed place or any vehicle, vessel or aircraft; (b) vexatiously or unnecessarily seizes any spirituous preparation or any document or other article; (c) vexatiously or unnecessarily detains, searches or arrests any person; or (d) commits, as such officer, any other act to the injury of any person with out having reason to believe that such act is required for the execution of his duty; shall for every such offence be punishable with fine which may extend to two thousand rupees. (2) Any person wilfully and maliciously giving false information and so causing an arrest or a search to be made under this Act shall be punishable with fine which may extend to two thousand rupees, or with imprisonment for a term which may extend to one year, or with both.

Karnataka Police Act, 1963 Section 120

Title: Vexatious Entry, Search, Arrest, Etc., by a Police Officer

State: Karnataka

Year: 1963

Any Police Officer who,-- (a) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, room, enclosure, vehicle, vessel, tent or place; or (b) vexatiously and unnecessarily seizes the property of any person; or (c) vexatiously and unnecessarily detains, searches or arrests any person; or (d) offers any unnecessary personal violence to any person in his custody; or (e) holds out any threat or promise not warranted by law, shall for every such offence, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees, or with both.