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Start Free TrialArbitration Act, 1940 [Repealed] Chapter VI
Title: Appeals
State: Central
Year: 1940
(1) An appeal shall lie fromthe following orders passed under this Act (and from no others) to the Courtauthorised by law to hear appeals from original decrees of the Court passing theorder: An order - (i) superseding anarbitration; (ii) on an award stated inthe form of a special case; (iii) modifying orcorrecting an award; (iv) filing or refusing tofile an arbitration agreement; (v) staying or refusing tostay legal proceedings where there is an arbitration agreement; (vi) setting aside orrefusing to set aside an award; Provided that the provisionsof this section shall not apply to any order passed by a Small Cause Court. (2) No second appeal shalllie from an order passed in appeal under this section, but nothing in thissection shall affect or take away any right to appeal to 1 [theSupreme Court]. _________________________ 1. Substituted By A.O. 1950 for "His Majesty in Council".
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Section 6
Title: Arbitration Agreement Not to Be Discharged by Death of Party Thereto
State: Central
Year: 1940
(1) An arbitration agreement shall not be discharged by the death of any party thereto, either as respects the deceased or any other party, but shall in such event be enforceable by or against the legal representative of the deceased. (2) The authority of an arbitrator shall not be revoked by the death of any party by whom he was appointed. (3) Nothing in this section shall affect the operation of any law by virtue of which any right of action is extinguished by the death of a person.
View Complete Act List Judgments citing this sectionAgricultural Produce Cess Act 1940 Section 6
Title: Payment of Cess to Council and Expenditure of Cess by Council
State: Central
Year: 1940
(1) The proceeds of the duty levied under this Act reduced by the cost of collection as determined by the Central Government shall be paid to the Council (2) The amount so due shall be paid by the Central Government to the Council at intervals of not more than six months. (3) The expenditure of the money so paid to the Council shall be subject to such limitations as may be imposed by rules made in this behalf by the Central Government.
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 6
Title: The Central Drugs Laboratory
State: Central
Year: 1940
.....the functions of the Central Drugs Laboratory; 2[***] (d) the procedure for the submission of the said Laboratory3[under Chapter IV or Chapter IVA] of samples of drugs1[or cosmetics] for analysis or test, the forms of the Laboratory's reports thereon and the fees payable in respect of such reports; (e) such other matters as may be necessary or expedient to enable the said Laboratory to carry out its functions; (f) the matters necessary to be prescribed for the purposes of the proviso to sub-section (1). _______________________ 1. Inserted by Act 21 of 1962, Section 5 (w.e.f. 27-7-1964). 2. Clauses (b) and (c) omitted by Act 11 of 1955, Section 4 (w.e.f. 15-4-1955). 3. Substituted by Act 13 of 1964, Section 5, for "under Chapter IV" (w.e.f. 15-9-1964).
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Schedule I
Title: The First Schedule
State: Central
Year: 1940
.....Formulary of Unani Medicine9[* * *]] 10[14. Unani Pharmacopoeia of India] ________________________ 1. Substituted by Act 13 of 1964, section 31, for the Schedule. First Schedule came into force (w.e.f. 1-2-1969) and the Second Schedule came into force (w.e.f. 15-9-1964). 2. Substituted by Act 68 of 1982, section 41, for the heading "A.--AYURVED1C (INCLUDING SIDDHA) SYSTEM" (w.e.f. 1-2-1983). 3. Inserted by G.S.R. 735 (E), dated 28th August, 1987. 4. Omitted by G.S.R. 423 (E), dated 11th June, 2002 (w.e.f. 11-6-2002). 5. Inserted by G.S.R. 423 (E), dated 11th June, 2002 (w.e.f. 11-6-2002). 6. Added by G.S.R. 735 (E), dated 28th August, 1987. 7. Substituted by Act 68 of 1982, section 41, for the heading "B.--UNANI (TIBB) SYSTEM" (w.e.f 1-2-1983). 8. Added by G.S.R. 735 (E), dated 28th August, 1987. 9. The brackets, word and figures "(Part I)" omitted by G.S.R. 72 (E), dated 31st January, 2003. 10. Inserted by G.S.R. 72 (E), dated 31st January, 2003. 11. Inserted by G.S.R. 337(E) dated 15.04.2010. 12. Substituted by G.S.R. 337(E) dated 15.04.2010 previous text was : - "Aurvedic Formulary of India4[* * *]" .....
View Complete Act List Judgments citing this sectionArbitration Act, 1940 [Repealed] Chapter VII
Title: Miscellaneous
State: Central
Year: 1940
.....of an arbitration agreement; (d) the forms to be used for the purposes of this Act; (e) generally, all proceedings in Court under this Act; Section 45 - Government to be bound The provisions of this Act shall be binding on the Government. Section 46 - Application of act to statutory arbitrations The provisions of this Act, except sub-section (1) of Sec. 6 and Sections. 7, 12,1[36] and 37, shall apply to every arbitration under any other enactment for the time being in force, as if the arbitration were pursuant to an arbitration agreement and as if that other enactment were an arbitration agreement, except in so far as this Act is inconsistent with that other enactment or with any rules made thereunder. ______________________________ 1. Inserted By Act 25 of 1952, Sec. 3 and Schedule. II Section 47 - Act to apply to all arbitrations Subject to the provisions of Sec. 46, and save in so far as is otherwise provided by any law for the time being in force, the provisions of this Act shall apply to all arbitrations and to all proceedings thereunder: Provided that an arbitration award otherwise obtained may with the consent of all the parties interested.....
View Complete Act List Judgments citing this sectionArbitration Act, 1940 Complete Act
State: Central
Year: 1940
.....not after differences have arisen, concur in the appointment or appointments; or (b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties or the arbitrators, as the case may be, do not supply the vacancy; or (c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him; any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appointments or in supplying the vacancy. (2) If the appointment is not made within fifteen clear days after the service of the said notice, the Court may, on the application of the party who gave the notice and after giving the other parties an opportunity of being heard, appoint an arbitrator or arbitrators or umpire, as the case may be, who shall have like power to act in the reference and to make an award as if he or they had been appointed by consent of all parties. SECTION 09: POWER TO PARTY TO APPOINT NEW ARBITRATOR OR IN CERTAIN CASES, A SOLE ARBITRATOR - Where an.....
List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 23
Title: Procedure of Inspectors
State: Central
Year: 1940
.....all or any of the portions so sealed and marked: Provided that where the sample is taken from premises whereon the drug1[or cosmetic] is being manufactured, it shall be necessary to divide the sample into three portions only: Provided further that where the drug1[or cosmetic] is made up in containers of small volume, instead of dividing a sample as aforesaid, the Inspector may, and if the drug1[or cosmetic] be such that it is likely to deteriorate or be otherwise damaged by exposure shall, take three or four, as the case may be, of the said containers after suitably marking the same and, where necessary, sealing them. (4) The Inspector shall restore one portion of a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows:-- (i) one portion or container he shall forthwith send to the Government Analyst for test or analysis; (ii) the second he shall produce to the Court before which proceedings, if any, are instituted in respect of the drug1[or cosmetic]; and 2[(iii) the third, where taken, he shall send to the person, if any, whose name, address and other particulars.....
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 27
Title: Penalty for Manufacture, Sale, Etc., of Drugs in Contravention of This Chapter
State: Central
Year: 1940
1[27. Penalty for manufacture, sale, etc., of drugs in contravention of this Chapter Whoever, himself or by any other person on his behalf, manufactures for sale or for distribution, or sells, or stocks or exhibits or offers for sale or distributes,-- (a) any drug deemed to be adulterated under section 17A or spurious under section 2[17B and which] when used by any person for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely to cause his death or is likely to cause such harm on his body as would amount to grievous hurt within the meaning of section 320 of the Indian Penal Code (45 of 1860), solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be 3[punishable with imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than ten lakh rupees or three times value of the drugs confiscated, whichever is more:] 4 [Provided that the fine imposed on and released from, the person convicted under this clause shall be paid, by way of compensation, to the person who had.....
View Complete Act List Judgments citing this sectionDrugs and Cosmetics Act, 1940 (23 of 1940) Section 30
Title: Penalty for Subsequent Offences
State: Central
Year: 1940
.....extend to 11[two years, or with fine which shall not be less than ten thousand rupees or with both.] _______________________ 1. Substituted by Act 11 of 1955, Section 14, for section 30 (w.e.f. 15-4-1955). 2. Substituted by Act 68 of 1982, Section 25, for sub-section (1) (w.e.f. 1-2-1983). 3. Inserted by Act 21 of 1962, Section 20 (w.e.f. 27-7-1964). 4. Substituted by Act 68 of 1982, Section 25, for "one thousand rupees" (w.e.f. 1-2-1983). 5. The words "'section 28 or" omitted by Act 13 of 1964, Section 20 (w.e.f. 15-9-1964). 6. Substituted by Act 13 of 1964, Section 20, for "two years" (w.e.f. 15-9-1964). 7. Substituted by the drug and cosmetics (amendment) act 2008 for the words "not be less than two years but which may extend to six years and with fine which shall not be less than ten thousand rupees". 8. Substituted by the drug and cosmetics (amendment) act 2008 for the words "less than two years and of fine of less than ten thousand rupees". 9. Substituted by the drug and cosmetics (amendment) act 2008 for the words "shall not be less than six years but which may extend to ten years and with fine which shall not be less than ten thousand rupees". 10......
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