APPENDIX
CERTAIN REMAINING PROVISIONS OF ALLIED ACTS REFERRED TO
IN WEALTH-TAX ACT
SECTION 25 OF COMPANIES ACT, 1956
Power to dispense with
Limited in name of charitable or other company.
25. (1) Where it is proved to the satisfaction
of the Central Government that an association
(a) is about to be formed as a limited company for promoting
commerce, art, science, religion, charity or any other useful object, and
(b) intends to apply its profits, if any, or
other income in promoting its objects, and to prohibit the payment of any
dividend to its members,
the Central Government may, by
licence, direct that the association may be registered as a company with
limited liability, without the addition to its name of the word Limited or
the words Private Limited.
(2) The association may thereupon
be registered accordingly; and on registration shall enjoy all the privileges,
and (subject to the provisions of this section) be subject to all the
obligations, of limited companies.
(3) Where it is proved to the
satisfaction of the Central Government
(a) that the objects of a company registered under this Act as a
limited company are restricted to those specified in clause (a) of sub-section
(1), and
(b) that by its constitution the company is
required to apply its profits, if any, or other income in promoting its objects
and is prohibited from paying any dividend to its members,
the Central Government may, by
licence, authorise the company by a special resolution to change its name
including or consisting of the omission of the word Limited or the words
Private Limited ; and section 23 shall apply to a change of name under this
sub-section as it applies to a change of name under section 21.
(4) A firm may be a member of any
association or company licensed under this section, but on the dissolution of
the firm, its membership of the association or company shall cease.
(5) A licence may be granted by
the Central Government under this section on such conditions and subject to
such regulations as it thinks fit, and those conditions and regulations shall
be binding on the body to which the licence is granted, and where the grant is under
sub-section (1), shall, if the Central Government so directs, be inserted in
the memorandum, or in the articles, or partly in the one and partly in the
other.
(6) It shall not be necessary for
a body to which a licence is so granted to use the word Limited or the words
Private Limited as any part of its name and, unless its articles otherwise
provide, such body shall, if the Central Government by general or special order
so directs and to the extent specified in the directions, be exempt from such
of the provisions of this Act as may be specified therein.
(7) The licence may at any time
be revoked by the Central Government, and upon revocation, the Registrar shall
enter the word Limited or the words Private Limited at the end of the name
upon the register of the body to which it was granted; and the body shall cease
to enjoy the exemption granted by this section :
Provided that, before a licence
is so revoked, the Central Government shall give notice in writing of its
intention to the body, and shall afford it an opportunity of being heard in
opposition to the revocation.
(8)(a) A body in respect of which
a licence under this section is in force shall not alter the provisions of its
memorandum with respect to its objects except with the previous approval of the
Central Government signified in writing.
(b) The Central Government may
revoke the licence of such a body if it contravenes the provisions of clause
(a).
(c) In according the approval
referred to in clause (a), the Central Government may vary the licence by
making it subject to such conditions and regulations as the Government thinks
fit, in lieu of, or in addition to, the conditions and regulations, if any, to
which the licence was formerly subject.
(d) Where the alteration proposed
in the provisions of the memorandum of a body under this sub-section is with
respect to the objects of the body so far as may be required to enable it to do
any of the things specified in clauses (a) to (g) of sub-section (1) of section
17, the provisions of this sub-section shall be in addition to, and not in
derogation of, the provisions of that section.
(9) Upon the revocation of a
licence granted under this section to a body the name of which contains the
words Chamber of Commerce
, that body shall, within a
period of three months from the date of revocation or such longer period as the
Central Government may think fit to allow, change its name to a name which does
not contain those words ; and
(a) the notice to be given under the proviso to sub-section (7)
to that body shall include a statement of the effect of the foregoing
provisions of this sub-section ; and
(b) section 23 shall apply to a change of
name under this sub-section as it applies to a change of name under section 21.
(10) If the body makes default in
complying with the requirements of sub-section (9), it shall be punishable with
fine which may extend to five thousand rupees for every day during which the
default continues.
SECTION 85 OF
COMPANIES ACT, 1956
Two kinds of share capital.
85. (1) Preference share capital means, with
reference to any company limited by
shares, whether formed before or after the commencement of this Act, that part
of the share capital of the company which fulfils both the following
requirements, namely :
(a) that as respects dividends, it carries or will carry a
preferential right to be paid a fixed amount or an amount calculated at a fixed
rate, which may be either free of or subject to income-tax ; and
(b) that as respects capital, it carries or
will carry, on a winding up or repayment of capital, a preferential right to be
repaid the amount of the capital paid-up or deemed to have been paid up,
whether or not there is a preferential right to the payment of either or both
of the following amounts, namely :
(i) any money remaining unpaid, in respect of the amounts
specified in clause (a), up to the date of the winding up or repayment of
capital; and
(ii) any fixed premium or premium on any
fixed scale, specified in the memorandum or articles of the company.
Explanation.Capital shall be
deemed to be preference capital, notwithstanding that it is entitled to either
or both of the following rights, namely :
(i) that, as respects dividends, in addition to the preferential
right to the amount specified in clause (a), it has a right to participate,
whether fully or to a limited extent, with capital not entitled to the
preferential right aforesaid ;
(ii) that, as respects capital, in addition
to the preferential right to the repayment, on a winding up, of the amounts
specified in clause (b), it has a right to participate, whether fully or to a
limited extent, with capital not entitled to that preferential right in any
surplus which may remain after the entire capital has been repaid.
(2) Equity share capital means,
with reference to any such company, all share capital which is not preference
share capital.
(3) The expressions preference
share and equity share shall be construed accordingly.
SECTION 360 OF CODE OF CRIMINAL
PROCEDURE, 1973
Order to release on probation of good conduct or after
admonition.
360. (1) When any person not under twenty-one
years of age is convicted of an offence punishable with fine only or with
imprisonment for a term of seven years or less, or when any person under twenty-one
years of age or any woman is convicted of an offence not punishable with death
or imprisonment for life, and no previous conviction is proved against the
offender, if it appears to the Court before which he is convicted, regard being
had to the age, character or antecedents of the offender, and to the
circumstances in which the offence was committed, that it is expedient that the
offender should be released on probation of good conduct, the Court may,
instead of sentencing him at once to any punishment, direct that he be released
on his entering into a bond, with or without sureties, to appear and receive
sentence when called upon during such period (not exceeding three years) as the
Court may direct and in the meantime to keep the peace and be of good behaviour
:
Provided that where any first
offender is convicted by a Magistrate of the second class not specially
empowered by the High Court, and the Magistrate is of opinion that the powers
conferred by this section should be exercised, he shall record his opinion to
that effect, and submit the proceedings to a Magistrate of the first class,
forwarding the accused to, or taking bail for his appearance before such
Magistrate, who shall dispose of the case in the manner provided by sub-section
(2).
(2) Where proceedings are
submitted to a Magistrate of the first class as provided by sub-section (1),
such Magistrate may thereupon pass such sentence or make such order as he might
have passed or made if the case had originally been heard by him, and, if he thinks
further inquiry or additional evidence on any point to be necessary, he may
make such inquiry or take such evidence himself or direct such inquiry or
evidence to be made or taken.
(3) In any case in which a person
is convicted of theft, theft in a building,
dishonest misappropriation, cheating or any offence under the Indian
Penal Code (45 of 1860) punishable with not more than two years imprisonment
or any offence punishable with fine only and no previous conviction is proved
against him, the Court before which he is so convicted may, if it thinks fit,
having regard to the age, character, antecedents or physical or mental
condition of the offender and to the trivial nature of the offence or any
extenuating circumstances under which the offence was committed, instead of
sentencing him to any punishment, release him after due admonition.
(4) An order under this section
may be made by any Appellate Court or by the High Court or Court of Session
when exercising its powers of revision.
(5) When an order has been made
under this section in respect of any offender, the High Court or Court of
Session may, on appeal when there is a right of appeal, to such Court, or when
exercising its powers of revision, set aside such order, and in lieu thereof
pass sentence on such offender according to law :
Provided that the High Court or
Court of Session shall not under this sub-section inflict a greater punishment
than might have been inflicted by the Court by which the offender was
convicted.
(6) The provisions of sections
121, 124 and 373 shall, so far as may be, apply in the case of sureties offered
in pursuance of the provisions of this section.
(7) The Court, before directing
the release of an offender under sub-section (1), shall be satisfied that an
offender or his surety (if any) has a fixed place of abode or regular
occupation in the place for which the Court acts or in which the offender is
likely to live during the period named for the observance of the conditions.
(8) If the Court which convicted
the offender, or a Court which could have dealt with the offender in respect of
his original offence, is satisfied that the offender has failed to observe any
of the conditions of his recognizance, it may issue a warrant for his
apprehension.
(9) An offender, when apprehended
on any such warrant, shall be brought forthwith before the Court issuing the
warrant, and such Court may either remand him in custody until the case is
heard or admit him to bail with a sufficient surety conditioned on his
appearing for sentence and such Court may, after hearing the case, pass
sentence.
(10) Nothing in this section
shall affect the provisions of the Probation of Offenders Act, 1958 (20 of
1958), or the Children Act, 1960 (60 of 1960), or any other law for the time
being in force for the treatment, training or rehabilitation of youthful
offenders.
SECTION 126 OF INDIAN EVIDENCE
ACT, 1872
Professional communications.
126. No barrister, attorney, pleader or vakil
shall at any time be permitted, unless with his clients express consent, to
disclose any communication made to him in the course and for the purpose of his
employment as such barrister, pleader, attorney or vakil, by or on behalf of
his client, or to state the contents or condition of any document with which he
has become acquainted in the course and for the purpose of his professional
employment, or to disclose any advice given by him to his client in the course
and for the purpose of such employment :
Provided that nothing in this
section shall protect from disclosure
(1) any such communication made in furtherance of any illegal
purpose ;
(2) any fact observed by any barrister,
pleader, attorney or vakil, in the course of his employment as such, showing
that any crime or fraud has been committed since the commencement of his
employment.
It is immaterial whether the
attention of such barrister, pleader, attorney or vakil was or was not directed
to such fact by or on behalf of his client.
Explanation.The obligation
stated in this section continues after the employment has ceased.
Illustrations
(a) A, a client, says to B, an
attorneyI have committed forgery, and I wish you to defend me. As the
defence of a man known to be guilty is not a criminal purpose, this
communication is protected from disclosure.
(b) A, a client, says to B, an
attorneyI wish to obtain possession of property by the use of a forged deed
on which I request you to sue.
This communication, being made,
in furtherance of a criminal purpose, is not protected from disclosure.
(c) A, being charged with
embezzlement, retains B, an attorney, to defend him. In the course of the
proceedings, B observes that an entry has been made in As account book,
charging A with the sum said to have been embezzled, which entry was not in the
book at the commencement of his employment.
This being a fact observed by B
in the course of his employment, showing that a fraud has been committed since
the commencement of the proceedings, it is not protected from disclosure.
SECTION 21 OF INDIAN PENAL CODE,
1860
Public servant.
21. The words public servant denote a person
falling under any of the descriptions hereinafter following, namely :
[Clause first omitted]
SecondEvery Commissioned Officer
in the Military, Naval or Air Forces of India;
ThirdEvery Judge including any
person empowered by law to discharge, whether by himself or as a member of any
body of persons, any adjudicatory functions ;
FourthEvery officer of a Court
of Justice (including a liquidator, receiver or Commissioner) whose duty it is,
as such officer, to investigate or report on any matter of law or fact, or to
make, authenticate or keep any document, or to take charge or dispose of any
property, or to execute any judicial process, or to administer any oath, or to
interpret, or to preserve order in the Court, and every person specially
authorized by a Court of Justice to perform any of such duties ;
FifthEvery juryman, assessor, or
member of a panchayat assisting a Court of Justice or public servant ;
SixthEvery arbitrator or other
person to whom any cause or matter has been referred for decision or report by
any Court of Justice, or by any other competent public authority ;
SeventhEvery person who holds any office by virtue of
which he is empowered to place or keep any person in confinement ;
EighthEvery officer of the
Government whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the
public health, safety or convenience ;
NinthEvery officer whose duty it
is, as such officer, to take, receive, keep or expend any property on behalf of
the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue-process, or to investigate, or to report,
on any matter affecting the pecuniary interests of the Government, or to make,
authenticate or keep any document relating to the pecuniary interests of the
Government, or to prevent the infraction of any law for the protection of the
pecuniary interests of the Government ;
TenthEvery officer whose duty it
is, as such officer, to take, receive, keep or expend any property, to make any
survey or assessment or to levy any rate or tax for any secular common purpose
of any village, town or district, or to make, authenticate or keep any document
for ascertaining of the rights of the people of any village, town or district ;
EleventhEvery person who holds
any office by virtue of which he is empowered to prepare, publish, maintain or
revise an electoral roll or to conduct an election or part of an election ;
TwelfthEvery person
(a) in the service or pay of the Government or remunerated by
fees or commission for the performance of any public duty by the Government ;
(b) in the service or pay of a local authority,
a corporation established by or under a Central, Provincial or State Act or a
Government company as defined in section 617 of the Companies Act, 1956 (1 of
1956).
Illustration
A Municipal Commissioner is a
public servant.
Explanation 1:- Persons falling
under any of the above descriptions are public servants, whether appointed by
the Government or not.
Explanation 2:- Wherever the
words public servant occur, they shall be understood of every person who is
in actual possession of the situation of a public servant, whatever legal
defect there may be in his right to hold that situation.
Explanation 3:- The word
election denotes an election for the purpose of selecting members of any
legislative, municipal or other public authority, of whatever character, the
method of selection to which is by, or under, any law prescribed as by
election.
SECTION 193 OF INDIAN PENAL CODE,
1860
Punishment for false evidence.
193. Whoever intentionally gives false evidence
in any stage of a judicial proceeding, or fabricates false evidence for the
purpose of being used in any stage of a judicial proceeding, shall be punished
with imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine ;
and whoever intentionally gives
or fabricates false evidence in any other case, shall be punished with
imprisonment of either description for a term which may extend to three years,
and shall also be liable to fine.
Explanation 1:- A trial before a
court-martial is a judicial proceeding.
Explanation 2:- An investigation
directed by law preliminary to a proceeding before a Court of Justice, is a
stage of a judicial proceeding, though that investigation may not take place
before a Court of Justice.
Illustration
A, in an enquiry before a
Magistrate for the purpose of ascertaining whether Z ought to be committed for
trial, makes on oath a statement which
he knows to be false. As this enquiry is a stage of a judicial proceeding, A
has given false evidence.
Explanation 3:- An investigation directed by a Court of
Justice according to law, and conducted under the authority of a Court of
Justice, is a stage of a judicial proceeding, though that investigation may not
take place before a Court of Justice.
Illustration
A, in an enquiry before an
officer deputed by a Court of Justice to ascertain on the spot the boundaries
of land, makes on oath a statement which he knows to be false. As this enquiry
is a stage of judicial proceeding, A has given false evidence.
SECTION 196 OF INDIAN PENAL CODE,
1860
Using evidence known to be false.
196. Whoever,
corruptly uses or attempts to use as true or genuine evidence any evidence
which he knows to be false or fabricated, shall be punished in the same manner
as if he gave or fabricated false evidence.
SECTION 228 OF INDIAN PENAL CODE, 1860
Intentional insult or interruption to public servant
sitting in judicial proceeding.
228. Whoever intentionally offers any insult, or
causes any interruption to any public servant, while such public servant is
sitting in any stage of a judicial proceeding, shall be punished with simple
imprisonment for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
SECTION 53A OF TRANSFER OF
PROPERTY ACT
Part performance.
53A. Where any person contracts to transfer for
consideration any immovable property by writing signed by him or on his behalf
from which the terms necessary to constitute the transfer can be ascertained
with reasonable certainty,
and the transferee has, in part
performance of the contract, taken possession of the property or any part
thereof, or the transferee, being already in possession, continues in
possession in part performance of the contract and has done some act in
furtherance of the contract,
and the transferee has performed
or is willing to perform his part of the contract,
then, notwithstanding that the
contract, though required to be registered, has not been registered, or, where
there is an instrument of transfer that the transfer has not been completed in
the manner prescribed therefor by the law for the time being in force, the
transferor or any person claiming under him shall be debarred from enforcing
against the transferee and persons claiming under him any right in respect of
the property of which the transferee has taken or continued in possession,
other than a right expressly provided by the terms of the contract :
Provided that nothing in this
section shall affect the rights of a transferee for consideration who has no
notice of the contract or of the part
performance thereof.