Bare Act Search Results

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

Bombay Police Act, 1951, (Maharashtra) Section 161

Title: Suits or Prosecutions in Respect of Acts Done Under Colour of Duty as Aforesaid Not to Be Entertained, or to Be Dismissed if Not Instituted Within the Prescribed Period

State: Maharashtra

Year: 1951

.....of any such, duty or authority as aforesaid, or wherein it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained, or shall be dismissed, if instituted, more than six months after the date of the act complained of: 4 [Provided that, any such prosecution against a Police Officer may be entertained by the Court, if instituted with the previous sanction of the State Government within two years from the date of the offence.] In suits as aforesaid one month's notice of suit to be given with sufficient description of wrong complained of. (2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrong-doer one month's notice at least of the intended suit with sufficient description of the wrong complained of, failing which such suit shall be dismissed. Plaint to set forth service of notice and tender of amends. (3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service, and shall state whether any, and if any, what tender of amends.....

Industrial Disputes Act, 1947 Complete Act

State: Central

Year: 1947

.....wishes which are merely spiritual or religious in nature), whether or not,- (i) any capital has been invested for the purpose of carrying on such activity; or (ii) such activity is carried on with a motive to make any gain or profit, and includes- (a) any activity of the Dock Labour Board established under section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1949) ; (b) any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include- (1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation: For the purposes of this sub-clause, "agricultural operation" does not include any activity carried on in a plantation as defined in clause (f) of 11 2 of the Plantations Labour Act, 1951 (69 of 1951); or (2) hospitals or dispensaries ; or (3) educational, scientific, research or training institutions ; or (4) institutions owned or managed by organisations wholly or substantially engaged.....

Court-fees Act, 1870 Section 10

Title: Procedure Where Net Profits or Market-value Wrongly Estimated

State: Central

Year: 1870

(i) If in the result of any such investigation the Court finds that the net profits or market-value have or has been wrongly estimated, the Court, if the estimation has been excessive, may in its discretion refund the excess paid as such fee: but, if the estimation has been insufficient, the Court shall require the plaintiff to pay so additional fee as would have been payable had the said market-value or net profits been rightly estimated. (ii) In such case the suit shall be stayed until the additional fee is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed. 1[* * * * *] _____________________________ 1. Clause (iii) rep. by Act 12 of 1891, Section 2 and Schedule I.

Industrial Disputes Act, 1947 Schedule II

Title: The Second Shedule

State: Central

Year: 1947

.....Offences Whereunder Triable by Labour Court 1. The Trade Union Act, 1926 (16 of 1926). 2. The Payment of Wages Act, 1936 (4 of 1936). 3. The Factories Act, 1948 (63 of 1948). 4. The Minimum Wages Act, 1948 (11 of 1948). 5. The Employees' State Insurance Act, 1948 (34 of 1948). 6. The Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952). 7. The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955). 8. The Motor Transport Workers Act, 1961 (27 of 1961). 9. The Maternity Benefits Act, 1961 (53 of 1961). 10. The Payment of Bonus Act, 1965 (21 of 1965). 11. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966). 12. The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970). 13. The Payment of Gratuity Act, 1972 (39 of 1972). 14. The Sales Promotion Employees (Conditions of Service) Act, 1976 (11 of 1976). 15. The Equal Remuneration Act, 1976 (25 of 1976). 16. The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979). 3[The second schedule which has been renumbered as.....

Indian Penal Code (45 of 1860) Section 23

Title: "wrongful Gain"

State: Central

Year: 1860

"Wrongful gain" is gain by unlawful means of property to which the person gaining is not legally entitled. "Wrongful loss".--"Wrongful loss" is the loss by unlawful means of property to which the person losing it is legally entitled. Gaining wrongfully, losing wrongfully.--A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.

Indian Succession Act, 1925 Chapter 5

Title: Of Executors of their Own Wrong

State: Central

Year: 1925

.....payment of the debts of the deceased. He is an executor of his own wrong. (ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods, continues to do so after he has become aware of his death. He is an executor or his own wrong in repect of acts done after he has become aware of the death of the deceased. (iii) A sues as executor of the deceased, not being such. He is an executor of his own wrong. Section 304 - Liability of executor of his own wrong When a person has so acted as to become an executor of his own wrong, he is answerable to the rightful executor or administrator, or to any creditor or legatee of the deceased, to the extent of the assets which may have come to his hands after deducting payments made to the rightful executor or administrator, and payments made in due course of administration.

Legal Representatives Suits Act, 1855 Section 1

Title: Executors May Sue and Be Sued in Certain Cases for Wrongs Committed in Lifetime of Deceased

State: Central

Year: 1855

.....and the damages.when recovered, shall be part of the personal estate of such person; and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death {The words " and so as such action shall he commenced within two years after the committing of the wrong " rep by Act 9 of 1871, s.2.For limitation see now Act 9 of 1908.} ; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English law, be payable in like order of administration as the simple contract debts of such person.

Indian Succession Act, 1925 Section 303

Title: Executor of His Own Wrong

State: Central

Year: 1925

A person who intermeddles with the estate of the deceased, or does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. Exceptions. (1) Intermeddling with the goods of the deceased for the purpose of preserving them or providing for his funeral or for the immediate necessities of his family or property, does not make an executor of his own wrong. (2) Dealing in the ordinary course of business with goods of the deceased received from another does not make an executor of his own wrong. Illustrations (i) A uses or gives away or sells some of the goods of the deceased, or takes them to satisfy his own debt or legacy or receives payment of the debts of the deceased. He is an executor of his own wrong. (ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods, continues to do so after he has become aware of his death. He is an executor or his own wrong in repect of acts done after he has become aware of the death of the deceased. (iii) A sues as executor of the deceased, not being such. He is an executor.....

Maternity Benefit Act, 1961 Section 12

Title: Dismissal During Absence of Pregnancy

State: Central

Year: 1961

.....or both, or discharged or dismissed during or on account of her absence from work in accordance with the provisions of this Act, may, within sixty days from the date on which order of such deprivation or discharge or dismissal is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefit or medical bonus, or both, or discharged or dismissed shall be final.] (c) Nothing contained in this sub- section shall affect the provisions contained in sub- section (1). ________________________ 1. Substituted by Act 61 of 1988, section 7 w.e.f. 10-1-1989.