Section 1035 - Law Dictionary Search Results
Home Dictionary Name: section 1035 Page: 8Perjury
Perjury, telling lie in a court, Swaran Singh v. State of Punjab, (2005) 5 SCC 668. [Code of Criminal Procedure, 1973 Ch 26]The offence committed when a lawful oath or affirmation (see OATHS and AFFIRATION) is administered and the witness swears or affirms falsely in a matter material to the issue.The law on this subject is now contained in the (English) Perjury Act, 1911, 'an Act to consolidate and simplify the law relating to perjury and kindred offences'; it repeals the whole of the Acts 5 Eliz. c. 9 and 2 Geo. , c. 25 [the (English) Perjury Act, 1728] and portions of one hundred and thirty other statutes. The Act may be briefly summarised as follows: If any person lawfully sworn as a witness or as an interpreter in a 'judicial proceed-ing' wilfully makes a statement material in that proceeding, which he knows to be false or does not believe to be true, he will be guilty of perjury and liable to penal servitude for not exceeding seven years, or imprisonment with or without hard labo...
Reserve Bank
Reserve Bank, means the Reserve Bank constituted under s. 3 of the Reserve Bank of India Act, 1934. [See Reserve Bank of India Act, 1934, s. 3]Means the Reserve Bank of India constituted under sub-section (1) of section 3 of the Reserve Bank of India Act, 1934 (2 of 1934). [Madhya Pradesh Rajkoshiya Uttardayitva Avam Budget Praobandhan Adhiniyam, 2005, R. 2(h)]Means the Reserve Bank of India constituted under sub-s. (1) of s. 3 of the Act, 1934 (Act No. 2 of 1934), Rajasthan Agricultural Produce Market Act, 2005, s. 2(1).Means the Reserve Bank of India constituted under s. 3 of the Reserve Bank of India Act, 1934 (2 of 1934), the Special Economic Zones Act, 2005, s. 2(x)....
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Takes or entices any guardian of such minor
Takes or entices any guardian of such minor, the words 'takes or entices any minor out of the keeping of the lawful guardian of such minor' ins. 361, are significant. The use of the word 'Keeping' in the context connotes the idea of charge, protection, maintenance and control: further the guardian's charge and control appears to be compatible with the independence of action and movement in the minor, the guardian's protection and control of the minor being available, whenever necessity arises. On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial: it is only the guardian's consent which takes the case out of its purview. Nor is it necessary that the taking or enticing must be shown to have been by means of force or fraud. Persuasion by the accused person which creates willingness on the part of the minor to be taken out of the keeping of the lawful guardian would be sufficient to attract the section, State of Haryana v. Raja Ram, AIR 197...
Suit for redemption
Suit for redemption, a suit for redemption is thus defined by this section as a suit for enforcement of right to redeem, and that right of redeem consists of the three reliefs which the mortgagor is entitled to under clauses (a), (b) and (c) mentioned above, on payment or tender, at a proper date and place, of the mortgage money. Consequently, a suit can be said to be a suit for redemption if the three rights enumerated in this section as constituting the right to redeem are claimed in the suit, K. Manick Chand v. Elias Saleh Mohd Sait, AIR 1969 SC 751 (758): (1969) 1 SCC 206. (Transfer of Property Act, 1882, s. 60)...
State Chief Information Commissioner and State Information Commissioner
State Chief Information Commissioner and State Information Commissioner, means the State Chief Information Commissioner and the State Informa-tion Commissioner appointed under sub-section (3) of section 15 [Right to Information Act, 2005 (22 of 2005), s. 2(l)]...
Specified user
Specified user, means any credit institution, credit information company being a member under sub-section (3) of section 15, and includes such other person or institutions as may be specified by regulations made from time to time, by the Reserve Bank for the purpose of obtaining credit information from a credit information company. [Credit Information Companies (Regulation) Act, 2005 (30 of 2005), s. 2(l)]...
Royal Arms
Royal Arms. There are two statutory provisions relating to the unauthorized use of the Royal Arms, namely, s. 68 of the Trade Marks Act, 1905 (see TRADE MARKS), which is as follows:-68. --If any person, without the authority of His Majesty, uses in connexion with any trade, business, calling, or profession, the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person without the authority of His Majesty or of a member of the Royal Family, uses in connexion with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the belief that he is employed by or supplies goods to His Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem, or title, or is authorized by the Lord Chamberlain to take proceed...
Registered medical practitioner
Registered medical practitioner, means a medical practitioner who possesses any medical qualifica-tion as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register. [Code of Criminal Procedure, 1973 (2 of 1974), s. 53 Expln. (b), see also Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005), s. 8]Means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of s. 2 of the Indian Medical Council Act, 1956, whose name has been entered in a State Medical Register and who has such experience or training in gynaecology and obstetrics as may be prescribed by rules made under this Act. [Medical Termination of Pregnancy Act, 1971 (34 of 1971), s. 2(d)]Means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of s. 2 of the Indian Medical Council Act, 1956, and who is enrolled on a State Medical Register as ...
Preamble
Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...
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