Advocates & Lawyers in Jabalpur High Court, DRT

Advocate in Jabalpur, Lawyer in Jabalpur, Law Office in Jabalpur

  • Tusi Saha, Advocate

Office: Bungalow No. 1 Sudha Vihar, Rampur, Jabalpur, M.P. 482001

Phone: 09479423288, 09993698595

Practice Area (Services): Jabalpur High Court, Debt Recovery Case, DRT, DRAT, BIFR, Civil Case (Property Law), Company Case (Corporate Law), Arbitration Case (Enforcement, Arbitrator), Consumer Case (Products, Services & Medical Negligence), Cyber Law Case (Violation & Infringement), Tax Case: Direct & Indirect (Income Tax, VAT), Insurance Case, MVC, Writ Petition & Service Matters, Public Interest Litigation, Family Matters: Marriage & Divorce (Family Law), IPR Case: Copy Right, Patent, Trademarks, High Court Cases (Jabalpur, Indore, Gwalior), Labour law Cases (Employment), Negotiable Instrument Cases, Search Reports (Bank, NBFC & Other), Criminal Case (Bail, Appeal & Revision).

Business Law

Business Planning, Business Litigation,Buying and Selling Businesses, Mergers and Acquisitions, Corporate Formation, Intellectual Property, Partnership Law, Private Limited Company Law, Joint Ventures.

Litigation
Criminal, Civil, Tort, Environmental, Securities Violations, Arbitration and Mediation, Personal Injury, Property Tax Appeals, Condemnation, Construction Contracts, Product Liability.

Family/Matrimonial
Divorce, Custody, Visitation, Equitable Distribution, Adoption, Separation, Pre-Nuptual Agreements, Paternity.

Employment
Employment Contracts, Wrongful Termination, Sexual Harrassment, Employer Handbooks.

Real Estate
Purchase and Sale of Commercial and Residential, Title Disputes, Foreclosures, Easements, Riparian Rights, Mortgage Transactions, Leases, Zoning and Land Use, Environmental Permits.

In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar Sen, the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the Bar Council of India. Under the Act, the Bar Council of India is the supreme regulatory body to regulate the legal profession in India and also to ensure the compliance of the laws and maintenance of professional standards by the legal profession in the country. For this purpose, the Bar Council of India is authorized to pass regulations and make orders in individual cases and also generally.

Each State has a Bar Council of its own whose function is to enroll the Advocates willing to practice predominately within the territorial confines of that State and to perform the functions of the Bar Council of India within the territory assigned to them. Therefore each law degree holder must be enrolled with a (single) State Bar Council to practice in India. However, enrollment with any State Bar Council does not restrict the Advocate from appearing before any court in India, even though it is beyond the territorial jurisdiction of the State Bar Council with he is enrolled in.

The advantage with having the State Bar Councils is that the work load of the Bar Council of India can be divided into these various State Bar Councils and also that matters can be dealt with locally and in an expedited manner. However for all practical and legal purposes, the Bar Council of India retains with it the final power to take decisions in any and all matters related to the legal profession on the whole or with respect to any Advocate individually, as so provided under the Advocates Act, 1961.

The process for being entitled to practice in India is twofold. First, the applicant must be a holder of a law degree from a recognized institution in India (or from one of the four recognised Universities in the United Kingdom) and second, must pass the enrollment qualifications of the Bar Council of the state where he/she seeks to be enrolled. For this purpose, the Bar Council of India has an internal Committee whose function is to supervise and examine the various institutions conferring law degrees and to grant recognition to these institutions once they meet the required standards. In this manner the Bar Council of India also ensures the standard of education required for practicing in India are met with. As regards the qualification for enrollment with the State Bar Council, while the actual formalities may vary from one State to another, yet predominately they ensure that the application has not been a bankrupt /criminal and is generally fit to practice before courts of India.

Enrollment with a Bar Council also means that the law degree holder is recognized as an Advocate and is required to maintain a standards of conduct and professional demeanor at all times, both on and off the profession. The Bar Council of India also prescribes “Rules of Conduct” to be observed the Advocates in the courts, while interacting with clients and even otherwise.

All Advocates in India are at the same level and are recognized as such. Any distinction, if any, is made only on the basis of seniority, which implies the length of practice at the Bar. As a recognition of law practice and specialization in an area of law, there is a concept of conferral of Senior Advocate status. An Advocate may be recognized by the Judges of the High Court (in case of an Advocate practicing before that High Court) or by the Supreme Court (in case of the Advocate practicing before the Supreme Court). While the conferral of Senior Advocate status not only implies distinction and fame of the Advocate, it also requires the Senior Advocate to follow higher standards of conduct and some distinct rules. Also, a Senior Advocate is not allowed to interact directly with the clients. He can only take briefs from other Advocates and argue on the basis of the details given by them.From the year 2010 onwards a mandatory rule is made for lawyers passing out from the year 2009-10 to sit for a evaluation test named AIBE ( All India Bar Exam ) for one to qualify as an advocate and practice in the courts

Further, under the Constitutional structure, there is a provision for elevation of Advocates as judges of High Courts and Supreme Court. The only requirement is the Advocate must have a ten years standing before the High Court(/s) or before the Supreme Court to be eligible for such. (Article 217 and 124 of the Constitution of India for High Courts and Supreme Court respectively)…

Madhya Pradesh

High court of India

S.NO. Name Of    The High Court Jurisdiction Seat Benches ADDRESS

WEBSITE

1.

Madhya Pradesh High Court

Madhya Pradesh

Jabalpur

Gwalior,Indore

Registrar General, High
Court Of Madhya Pradesh,
Principal Seat , Jabalpur
Jabalpur (M.P.) -482002

Principal Registrar,
High Court Of Madhya
Pradesh,
Bench  Indore
Indore (M.P.) – 452001

Principal Registrar,
High Court Of Madhya
Pradesh,
Bench  Gwalior
Gwalior (M.P.) – 474001

Click Here

or

Click Here

District Courts Of India

S. No.

Name Of The Dstrict Court Of Madhya Pradesh

Address

Website

1.

Alirajpur

District And Session Judge, Alirajpur

Click Here

2.

Anuppur

District And Session Judge, Anuppur

Click Here

3.

Ashoknagar

District And Session Judge, Ashoknagar

Click Here

4.

Barwani

Click Here

5.

Balaghat

Click Here

6.

Betul

Click Here

7.

Bhind

Click Here

8.

Bhopal

76, Arera Hills, Hoshangabad Road, Bhopal, Madhya Pradesh

Click Here

9.

Burhanpur

Click Here

10.

Chhatarpur

Click Here

11.

Chhindwara

Click Here

12.

Damoh

Click Here

13.

Datia

Click Here

14.

Dewas

Click Here

15.

Dhar

Click Here

16.

Dindori

Click Here

17.

Guna

District Court Of Guna, Ashoknagar, Madhya Pradesh

Click Here

18.

Gwalior

Office Of The District & Sessions Judge Old High Court Campus, Jayendraganj Lashkar, Gwalior (474009)

Click Here

19.

Harda

Click Here

20.

Hoshangabad

Click Here

21.

Indore

Click Here

22.

Jabalpur

Click Here

23.

Jhabua

Click Here

24.

Katni

Click Here

25.

Khandwa

Click Here

26.

Mandla

District Court Mandla, District And Session Judge,
Phone: 250731(O) 250614

Click Here

27.

Mandleshwar

Click Here

28.

Mandsaur

Click Here

29.

Morena

Click Here

30.

Narsinghpur

Click Here

31.

Neemuch

Click Here

32.

Panna

Click Here

33.

Raisen

Click Here

34.

Rajgarh

Click Here

35.

Ratlam

Click Here

36.

Rewa

Click Here

37.

Sagar

Near Pili Kothi Area, Collectrate Office Campus, Sagar, Madhya Pradesh

Click Here

38.

Satna

Click Here

39.

Sehore

Click Here

40.

Seoni

Click Here

41.

Shahdol

Click Here

42.

Shajapur

Click Here

43.

Sheopur

Click Here

44.

Shivpuri

Click Here

45.

Sidhi

Click Here

46.

Singrauli

Click Here

47.

Tikamgarh

Click Here

48.

Ujjain

Click Here

49.

Vidisha

Click Here

50.

Umaria

Click Here

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Madhya Pradesh Arbitration Tribunal

Madhya Pradesh Arbitration Tribunal

Address: B 138 VINDHAYACHAL BHAWAN, ARERA HILLS, BHOPAL 462011

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The Prevention of Corruption Act, 1988

The Prevention of Corruption Act, 1988

[Act No. 49 of 1988 dated 9th. September, 1988]

CHAPTER I: PRELIMINARY

1. Short title and extent

2. Definitions

3. Power to appoint special Judges

4. Cases triable by special Judges

5. Procedure and powers of special Judge

6. Power to try summarily

CHAPTER III: OFFENCES AND PENALTIES

7. Public servant taking gratification other than legal remuneration in respect of an

official act

8. Taking gratification, in order, by corrupt or illegal means, to influence public

servant

9. Taking gratification, for exercise of personal influence with public servant

10. Punishment for abetment by public servant of offences defined in section 8 or 9

11. Public servant obtaining valuable thing, without consideration from person

concerned in proceeding or business transacted by such public servant

12. Punishment for abetment of offences defined in section 7 or 11

13. Criminal misconduct by a public servant

14. Habitual committing of offence under sections 8, 9 and 12

15. Punishment for attempt

16. Matters to be taken into consideration for fixing fine

CHAPTER IV: INVESTIGATION INTO CASES UNDER THE ACT

17. Persons authorised to investigate

18. Power to inspect bankers’ books

19. Previous sanction necessary for prosecution

20. Presumption where public servant accepts gratification other than legal

remuneration

21. Accused person to be a competent witness

22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications

23. Particulars in a charge in relation to an offence under section 13(1) (c).

24. Statement by bribe giver not to subject him to prosecution

25. Military, Naval and Air Force or other law not to be affected

26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed

under this Act

27. Appeal and revision

28. Act to be in addition to any other law

29. Amendment of the Ordinance 38 of 1944

30. Repeal and saving

31. Omission of certain sections of Act 45 of 1860

An Act to consolidate and amend the law relating to the prevention of corruption and for matters

connected therewith.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows: – CHAPTER I:

PRELIMINARY

1. Short title and extent

(1) This Act may be called the Prevention of Corruption Act, 1988.

(2) It extends to the whole of India except the State of Jammu and Kashmir and it applies

also to all citizens of India outside India.

2. Definitions

In this Act, unless the context otherwise requires,-

(a) ”election” means any election, by whatever means held under any law for the purpose

of selecting members of Parliament or of any Legislature, local authority or other

public authority;

(b) ”public duty” means a duty in the discharge of which the State, the public or the

community at large has an interest;

Explanation.-In this clause ”State” includes a corporation established by or under a

Central, Provincial or State Act, or an authority or a body owned or controlled or

aided by the Government or a Government company as defined in section 617 of the

Companies Act, 1956.

(c) ”public servant” means-

(i) any person in the service or pay of the Government or remunerated by the

Government by fees or commission for the performance of any public duty;

(ii) any person in the service or pay of a local authority ;

(iii) any person in the service or pay of a corporation established by or under a Central,

Provincial or State Act, or an authority or a body owned or controlled or aided by the

Government or a Government company as defined in section 617 of the Companies Act,

1956;

(iv) any Judge, including any person empowered by law to discharge, whether by

himself or as a member of any body of persons, any adjudicatory functions;

(v) any person authorised by a court of justice to perform any duty, in connection with

the administration of justice, including a liquidator, receiver or commissioner

appointed by such court;

(vi) any arbitrator or other person to whom any cause or matter has been referred for

decision or report by a court of justice or by a competent public authority;

(vii) any person who holds an 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; (viii) any person who holds an office by virtue of which he is authorised or required to

perform any public duty;

(ix) any person who is the president, secretary or other office-bearer of a registered cooperative society engaged in agriculture, industry, trade or banking, receiving or having

received any financial aid from the Central Government or a State Government or from any

corporation established by or under a Central, Provincial or State Act, or any authority or

body owned or controlled or aided by the Government or a Government company as defined

in section 617 of the Companies Act, 1956;

(x) any person who is a chairman, member or employee of any Service Commission or

Board, by whatever name called, or a member of any selection committee appointed by such

Commission or Board for the conduct of any examination or making any selection on behalf

of such Commission or Board;

(xi) any person who is a Vice-Chancellor or member of any governing body, professor,

reader, lecturer or any other teacher or employee, by whatever designation called, of any

University and any person whose services have been availed of by a University or any other

public authority in connection with holding or conducting examinations;

(xii) any person who is an office-bearer or an employee of an educational, scientific, social,

cultural or other institution, in whatever manner established, receiving or having received any

financial assistance from the Central Government or any State Government, or local or other

public authority.

Explanation 1.-Persons falling under any of the above sub-clauses 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.

3. Power to appoint special Judges

(1) The Central Government or the State Government may, by notification in the. Official

Gazette, appoint as many special Judges as may be necessary for such area or areas or for

such case or group of cases as may be specified in the notification to try the following

offences, namely: -

(a) any offence punishable under this Act; and

(b) any conspiracy to commit or any attempt to commit or any abetment of any of the

offences specified in clause (a).

(2) A person shall not be qualified for appointment as a special Judge under this Act unless

he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions

Judge under the Code of Criminal Procedure, 1973. 4. Cases triable by special Judges

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any

other law for the time being in force, the offences specified in sub-section (1) of section 3

shall be tried by special Judges only.

(2) Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge

for the area within which it was committed, or, as the case may be, by the special Judge

appointed for the case, or where there are more special Judges than one for such area, by such

one of them as may be specified in this behalf by the Central Government.

(3) When trying any case, a special Judge may also try any offence, other than an offence

specified in section 3, with which the accused may, under the Code of Criminal Procedure.

1973, be charged at the same trial.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a special

Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.

5. Procedure and powers of special Judge

(1) A special Judge may take cognizance of offences without the accused being committed to

him for trial and, in trying the accused persons, shall follow the procedure prescribed by the

Code of Criminal Procedure, 1973. for the trial of warrant cases by Magistrates.

(2) A special Judge may, with a view to obtaining the evidence of any person supposed to

have been directly or indirectly concerned in or privy to, an offence, tender a pardon to such

person on condition of his making a full and true disclosure of the whole circumstances

within his knowledge. relating to the offence and to every other person concerned, whether as

principal or abettor, in the commission thereof and any pardon so tendered shall, for the

purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973,

be deemed to have been tendered under section 307 of that Code.

(3) Save as provided in sub-sections (1) or sub-section (2), the provisions of the Code of

Criminal Procedure, 1973, shall, so far as they are not inconsistent with this Act, apply to the

proceedings before a special Judge; and for the purposes of the said provisions, the Court of

the special Judge shall be deemed to be a Court of Session and the person conducting a

prosecution before a special Judge shall be deemed to be a public prosecutor.

(4) In particular and without prejudice to the generality of the provisions contained in subsection (3), the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973,

shall, so for as may be, apply to the proceedings before a special Judge and for the purposes

of the said provisions, a special Judge shall be deemed to be a Magistrate.

(5) A special Judge may pass upon any person convicted by him any sentence authorised by

law for the punishment of the offence of which such person is convicted.

(6) A special Judge, while trying an offence punishable under this Act, shall exercise all the

powers and functions exercisable by a District Judge under the Criminal Law Amendment

Ordinance, 1944. 6. Power to try summarily

(1) Where a special Judge tries any offence specified in sub-section (1) of section 3, alleged

to have been committed by a public servant in relation to the contravention of any special

order referred to in sub-section (1) of section 12A of the Essential Commodities Act, 1955 or

of an order referred to in clause (a) of sub-section (2) of that section, then, notwithstanding

anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of

Criminal Procedure, 1973, the special Judge shall try the offence in a summary way, and the

provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be,

apply to such trial:

Provided that, in the case of any conviction in a summary trial under this section, it shall be

lawful for the special Judge to pass a sentence of imprisonment for a term not exceeding one

year:

Provided further that when at the commencement of, or in the course of, a summary trial

under this section, it appears to the special Judge that the nature of the case is such that a

sentence of imprisonment for a term exceeding one year may have to be passed or that it is,

for any other reason, undesirable to try the case summarily, the special Judge shall, after

hearing the parties, record an order to that effect and thereafter recall any witnesses who may

have been examined and proceed to hear or re-hear the case in accordance with the procedure

prescribed by the said Code for the trial of warrant cases by Magistrates.

(2) Notwithstanding anything to the contrary contained in this Act or in the code of Criminal

Procedure, 1973, there shall be no appeal by a convicted person in any case tried summarily

under this section in which the special Judge passes a sentence of imprisonment not

exceeding one month, and of fine not exceeding two thousand rupees whether or not any

order under section 452 of the said Code is made in addition to such sentence, but an appeal

shall lie where any sentence in excess of the aforesaid limits is passed by the special Judge.

CHAPTER III:

OFFENCES AND PENALTIES

7. Public servant taking gratification other than legal remuneration in respect of an

official act

Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or

attempts to obtain from any person, for himself or for any other person, any gratification

whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do

any official act or for showing or forbearing to show, in the exercise of his official functions,

favour or disfavour to any person or for rendering or attempting to render any service or

disservice to any person, with the Central Government or any State Government or

Parliament or the Legislature of any State or with any local authority, corporation or

Government company referred to in clause (c) of section 2, or with any public servant,

whether named or otherwise, shall be punishable with imprisonment which shall be not less

than six months but which may extend to five years and shall also be liable to fine.

Explanations.-

(a) “Expecting to be a public servant.” If a person not expecting to be in office obtains a

gratification by deceiving others into a belief that he is about to be in office, and that he will

then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in

this section.

(b) “Gratification.” The word “gratification” is not restricted to pecuniary gratifications or to

gratifications estimable in money.

(c) “Legal remuneration.” The words “legal remuneration” are not restricted to remuneration

which a public servant can lawfully demand, but include all remuneration which he is

permitted by the Government or the organisation, which he serves, to accept.

(d) “A motive or reward for doing.” A person who receives a gratification as a motive or

reward for doing what he does not intend or is not in a position to do, or has not done, comes

within this expression.

(e) Where a public servant induces a person erroneously to believe that his influence with the

Government has obtained a title for that person and thus induces that person to give the

public servant, money or any other gratification as a reward for this service, the public

servant has committed an offence under this section.

8. Taking gratification, in order, by corrupt or illegal means, to influence public servant

Whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for

himself or for any other person, any gratification whatever as a motive or reward for

inducing, by corrupt or illegal means, any public servant, whether named or otherwise, to do

or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any

service or disservice to any person with the Central Government or any State Government or

Parliament or the Legislature of any State or with any local authority, corporation or

Government company referred to in clause (c) of section 2, or with any public servant,

whether named or otherwise, shall be punishable with imprisonment for a term which shall be

not less than six months but which may extend to five years and shall also be liable to fine.

9. Taking gratification, for exercise of personal influence with public servant

Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for

himself or for any other person, any gratification whatever, as a motive or reward for

inducing, by the exercise of personal influence, any public servant whether named or

otherwise to do or to forbear to do any official act, or in the exercise of the official functions

of such public servant to show favour or disfavour to any person, or to render or attempt to

render any service or disservice to any person with the Central Government or any State

Government or Parliament or the Legislature of any State or with any local authority,

corporation or Government company referred to in clause (c) of section 2, or with any public

servant, whether named or otherwise, shall be punishable with imprisonment for a term

which shall be not less than six months but which may extend. to five years and shall also be

liable to fine.

10. Punishment for abetment by public servant of offences defined in section 8 or 9

Whoever, being a public servant, in respect of whom either of the offences defined in section

8 or section 9 is committed, abets the offence, whether or not that offence is committed in

consequence of that abetment, shall be punishable with imprisonment for a term which shall

be not less than six months but which may extend to five years and shall also be liable to fine.

11. Public servant obtaining valuable thing, without consideration from person

concerned in proceeding or business transacted by such public servant

Whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain

for himself, or for any other person, any valuable thing without consideration, or for a

consideration which he knows to be inadequate, from any person whom he knows to have

been, or to be, or to be likely to be concerned in any proceeding or business transacted or

about to be transacted by such public servant, or having any connection with the official

functions of himself or of any public servant to whom he is subordinate, or from any person

whom he knows to be interested in or related to the person so concerned, shall be punishable

with imprisonment for a term which shall be not less than six months but which may extend

to five years and shall also be liable to fine.

12. Punishment for abetment of offences defined in section 7 or 11

Whoever abets any offence punishable under section 7 or section 11 whether or not that

offence is committed in consequence of that abetment, shall be punishable with imprisonment

for a term which shall be not less than six months but which may extend to five years and

shall also be liable to fine, 13. Criminal misconduct by a public servant

(1) A public servant is said to commit the offence of criminal misconduct,-

(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any

person for himself or for any other person any gratification other than legal remuneration as a

motive or reward such as is mentioned in section 7; or

(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or

for any other person, any valuable thing without consideration or for a consideration which

he knows to be inadequate from any person whom he knows to have been, or to be, or to be

likely to be concerned in any proceeding or business transacted or about to be transacted by

him, or having any connection with the official functions of himself or of any public servant

to whom he is subordinate, or from any person whom he knows to be interested in or related

to the person so concerned; or

(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use

any property entrusted to him or under his control as a public servant or allows any other

person so to do; or

(d) if he,-

(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing

or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any

valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or

pecuniary advantage without any public interest; or

(e) if he or any person on his behalf, is in possession or has, at any time during the period of

his office, been in possession for which the public servant cannot satisfactorily account, of

pecuniary resources or property disproportionate to his known sources of income.

Explanation.-For the purposes of this section, “known sources of income” means income

received from any lawful source and such receipt has been intimated in accordance with the

provisions of any law, rules or orders for the time being applicable to a public servant.

(2) Any public servant who commits criminal misconduct shall be punishable with

imprisonment for a term which shall be not less than one year but which may extend to seven

years and shall also be liable to fine.

14. Habitual committing of offence under sections 8, 9 and 12

Whoever habitually commits-

(a) an offence punishable under section 8 or section 9; or

(b) an offence punishable under section 12, shall be punishable with imprisonment for a term which shall be not less than two years but

which may extend to seven years and shall also be liable to fine.

15. Punishment for attempt

Whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section

(1) of section 13 shall be punishable with imprisonment for a term which may extend to three

years and with fine.

16. Matters to be taken into consideration for fixing fine

Where a sentence of fine is imposed. under sub-section (2) of section 13 or section 14, the

court in fixing the amount of the fine shall taken into consideration the amount or the value of

the property, if any, which the accused person has obtained by committing the offence or

where the conviction is for an offence referred to in clause (e) of sub-section (1) of section

13, the pecuniary resources or property referred to in that clause for which the accused person

is unable to account satisfactorily.

CHAPTER IV:

INVESTIGATION INTO CASES UNDER THE ACT

17. Persons authorised to investigate

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no police

officer below the rank,-

(a) in the case of the Delhi Special Police Establishment, of an Inspector of Police;

(b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other

metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal

Procedure, 1973, of an Assistant Commissioner of Police;

(c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank,

shall investigate any offence punishable under this Act without the order of a Metropolitan

Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor

without a warrant:

Provided that if a police officer not below the rank of an Inspector of Police is authorised by

the State Government in this behalf by general or special order, he may also investigate any

such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class,

as the case may be, or make arrest therefor without a warrant:

Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall

not be investigated without the older of a police officer not below the rank of a

Superintendent of Police.

18. Power to inspect bankers’ books

If from information received or otherwise, a police officer has reason to suspect the commission of an offence which he is empowered to investigate under section 17 and considers that for the purpose of investigation or inquiry into such offence, it is necessary to inspect any bankers’ books, then, notwithstanding anything contained in any law for the time being in force, he may inspect any bankers’ books in so far as they relate to the accounts of the persons suspected to have committed that offence or of any other person suspected to be holding money on behalf of such person, and take or cause to be taken certified copies of the relevant entries therefrom, and the bank concerned shall be bound to assist the police officer in the exercise of his powers under this section:

Provided that no power under this section in relation to the accounts of any person shall be exercised by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this behalf by a police officer of or above the rank of a superintendent of Police.

Explanation-In this section, the expressions “bank” and “bankers’ books” shall have the meanings respectively assigned to them in the Bankers’ Books Evidence Act, 1891. 19. Previous sanction necessary for prosecution

(1) No court shall take cognizance of an offence punishable under section 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction,-

(a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government;

(b) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;

(c) in the case of any other person, of the authority competent to remove him from his office.

(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.

(3) Notwithstanding anything contained in the code of Criminal Procedure, 1973,-

(a) no finding, sentence or order passed by a special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby;

(b) no court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice;

(c) no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings.

(4) In determining under sub-section (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.

Explanation.-For the purposes of this section,-

(a) error includes competency of the authority to grant sanction;

(b) a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature. 20. Presumption where public servant accepts gratification other than legal remuneration

(1) Where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or

clause (b) of sub-section (1) of section 13 it is proved that an accused person has accepted or

obtained or has agreed to accept or attempted to obtain for himself, or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7 or, as the case may be, without consideration or for a consideration which he knows to be Inadequate.

(2) Where in any trial of an offence punishable under section 12 or under clause (b) of section 14, it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed, unless the contrary is proved, that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7, or, as the case may be, without consideration or for a consideration which he knows to be inadequate.

(3) Notwithstanding anything contained in sub-section (1) and (2), the court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.

21. Accused person to be a competent witness

Any person charged with an offence punishable under this Act, shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:

Provided that-

(a) he shall not be called as a witness except at his own request;

(b) his failure to give evidence shall not be made the subject of any comment by the

prosecution or give rise to any presumption against himself or any person charged together

with him at the same trial;

(c) he shall not be asked, and if asked shall not be required to answer, any question tending to

show that he has committed or been convicted of any offence other than the offence with

which he is charged, or is of bad character, unless-

(i) the proof that he has committed or been convicted of such offence is admissible evidence

to that he is guilty of the offence with which he is charged, or

(ii) he has personally or by his pleader asked any question of any witness for the prosecution

with a view to establish his own good character, or has given evidence of his good character,

or the nature or conduct of the defence is such as to involve imputations on the character of

the prosecutor or of any witness for the prosecution, or

(iii) he has given evidence against any other person charged with the same offence.

22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications

The provisions of the Code of Criminal Procedure, 1973, shall in their application to any

proceeding in relation to an offence punishable under this Act have effect as if,-

(a) in sub-section (1) of section 243, for the words “The accused shall then be called upon”,

the words “The accused shall then be required to give in writing at once or within. such time

as the Court may allow, a list of the persons (if any) whom he proposes to examine as his

witnesses and of the documents (if any) on which he proposes to rely and he shall then be

called upon” had been substituted;

(b) in sub-section (2) of section 309, after the ‘third proviso, the following proviso had been

inserted, namely:-

“Provided also that the proceeding shall not be adjourned or postponed merely on the ground

that an application under section 397 has been made by a party to the proceeding.”;

(c) after sub-section (2) of section 317, the following sub-section had been inserted, namely:-

“(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may,

if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the

absence of the accused or his pleader and record the evidence of any witness subject to the

right of the accused to recall the witness for cross-examination.”;

(d) in sub-section (1) of section 397, before the Explanation, the following proviso had been

inserted, namely:-

“Provided that where the powers under this section are exercised by a Court on an application

made by a party to such proceedings, the Court shall not ordinarily call for the record of the

proceedings:-

(a) without giving the other party an opportunity of showing cause why the record should not

be called for; or

(b) if it is satisfied that an examination of the record of the proceedings may be made from

the certified copies.”.

23. Particulars in a charge in relation to an offence under section 13(1) (c).

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, when an

accused is charged with an offence under clause (c) of sub-section (1) of section 13, it shall

be sufficient to describe in the charge the property in respect of which the offence is alleged

to have been committed , and the dates between which the offence is alleged to have been

committed, without specifying particular items or exact dates, and the charge so framed shall

be deemed to be a charge of one offence within the meaning of section 219 of the said Code:

Provided that the time included between the first and last of such dates shall not exceed one year.

24. Statement by bribe giver not to subject him to prosecution

Notwithstanding anything contained in any law for the time being in force, a statement made

by a person in any proceeding against a public servant for an offence under sections 7 to 11

or under section 13 or section 15, that he offered or agreed to offer any gratification (other

than legal remuneration) or any valuable thing to the public servant, shall not subject such

person to a prosecution under section 12.

25. Military, Naval and Air Force or other law not to be affected

(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable

to, any court or other authority under the Army Act. 1950, the Air Force Act, 1950, the Navy

Act, 1957, the Border Security Force Act, 1968, the Coast Guard Act, 1978 and the National

Security Guard Act, 1986.

(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is

referred to in sub-section (1), the court of a special Judge shall be deemed to be a court of

ordinary criminal justice.

26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under

this Act

Every special Judge appointed under the Criminal Law Amendment Act, 1952,, for any area

or areas and is holding office on the commencement of this Act shall be deemed to be a

special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on

and from such commencement, every such Judge shall continue to deal with all the

proceedings pending before him on such commencement in accordance with the provisions of

this Act.

27. Appeal and revision

Subject to the provisions of this Act, the High Court may exercise, so far as they may be

applicable, all the powers of appeal and revision conferred by the Code of Criminal

Procedure, 1973 on a High Court as if the court of special Judge were a court of Session

trying cases within the local limits of the High Court.

28. Act to be in addition to any other law

The provisions of this Act shall be in addition to, and not in derogation of, any other law for

the time being in force, and nothing contained herein shall exempt any public servant from

any proceeding which might, apart from this Act, be instituted against him.

29. Amendment of the Ordinance 38 of 1944

In the Criminal Law Amendment Ordinance, 1944,-

(a) in sub-section (1) of section 3, sub-section (1) of sector 9, clause (a) of section 10, subsection (1) of section 11 and sub-section (1) of section 13, for the words “State Government”,

wherever they occur, the words “State Government or, as the case may be, the Central

Government” shall be substituted;

(b) in section 10, in clause (a), for the words ” three months”, the words “one year” shall be

substituted;

(c) in the Schedule,-

(i) paragraph 1 shall be omitted;

(ii) in paragraphs 2 and 4,-

(a) after the words “a local authority”, the words and figures “or a corporation established by

or under a Central, Provincial or State Act, or an authority or a body owned or controlled or

aided by Government or a Government company as defined in section 617 of the Companies

Act, 1956 or a society aided by such corporation, authority. body or Government company”

shall be inserted;

(b) after the words “or authority”, the words “or corporation or body or Government company

or society” shall be inserted;

(iii) for paragraph 4A, the following paragraph shall be substituted, namely: -

“4A. An offence punishable under the Prevention of Corruption Act, 1988.”;

(iv) in paragraph 5, for the words and figures “items 2, 3 and 4″, the words, figures and letter

“items 2, 3, 4 and 4A” shall be substituted.

30. Repeal and saving

(1) The Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952 are

hereby repealed.

(2) Notwithstanding such repeal, but without prejudice to the application of section 6 of the

General Clauses Act, 1897, anything done or any action taken or purported to ‘have been

done or taken under or in pursuance of the Acts so repealed shall, in so far as it is not

inconsistent with the provisions of this Act, be deemed to have been done or taken, under or

in pursuance of the corresponding provision of this Act.

31. Omission of certain sections of Act 45 of 1860

Sections 161 to 165A (both inclusive) of the Indian Penal Code shall be omitted, and section

6 of the General Clauses Act, 1897, shall apply to such omission as if the said sections had

been repealed by a Central Act.

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Service and Labour Law

Service and Labour Law

  • The Administrative Tribunals Act, 1985
  • Bonded Labour System (Abolition) Act, 1976
  • Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996
  • Building and Other Construction Workers Welfare Cess Act, 1996
  • The Child Labour (Prohibition and Regulation) Act, 1986
  • Contract Labour (Regulation and Abolition) Act, 1970
  • The Dangerous Machines (Regulation) Act, 1983
  • The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
  • Employees Provident Fund and Miscellaneous Provisions Act, 1952
  • Employees State Insurance Act, 1948
  • Employers Liability Act, 1938
  • Equal Remuneration Act,1976
  • Factories Act, 1948
  • Indian Dock Labourers Act, 1934
  • The Industrial Disputes Act, 1947
  • The Industrial Disputes (Banking and Insurance Companies) Act, 1949
  • The Industrial Disputes (Banking Companies) Decision Act, 1955
  • The Industries (Development And Regulation) Act, 1951
  • Industrial Employment (Standing Orders) Act, 1946
  • Labour Law (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishment) Act, 1988
  • The Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969
  • The Maharashtra Recognition of Trade Union and Prevention Of Unfair Labour Practices Act, 1971
  • The Maternity Benefits Act, 1961
  • The Minimum Wages Act, 1948
  • The Payment of Bonus Act, 1965
  • The Payment of Gratuity Act, 1972
  • The Payment of Wages Act, 1936
  • Personal Injuries (Emergency Provisions) Act, 1962
  • The Plantation Labour Act, 1951
  • The Public Servants (Inquiries) Act, 1850
  • Sale Promotion Employees (Conditions of Service) Act, 1976
  • The Trade Unions Act, 1926
  • The Weekly Holidays Act, 1942
  • Workmen’s Compensation Act, 1923
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Right to Information Act 2005

Right to Information Act 2005

Sections Particulars
Chapter I. PRELIMINARY
Section 1. Short title, extent and commencement.
Section 2. Definitions.-In this Act, unless the context otherwise requires.
Chapter II. RIGHT TO INFORMATION AND OBLIGATIONS OF PUBLIC AUTHORITIES
Section 3. Right to information
Section 4. Obligations of public authorities
Section 5. Designation of Public Information Officers
Section 6. Request for obtaining information
Section 7. Disposal of request
Section 8. Exemption from disclosure of information
Section 9. Grounds for rejection to access in certain cases
Section 10. Severability
Section 11. Third party information
Chapter III. THE CENTRAL INFORMATION COMMISSION
Section 12. Constitution of Central Information Commission
Section 13. Term of office and conditions of service
Section 14. Removal of Chief Information Commissioner or Information Commissioner
Chapter IV. THE STATE INFORMATION COMMISSION
Section 15. Constitution of State Information Commission
Section 16. Term of office and conditions of service
Section 17. Removal of State Chief Information Commissioner or State Information Commissioner
Chapter V. POWERS AND FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL AND PENALTIES
Section 18. Powers and functions of Information Commissions
Section 19. Appeal
Section 20. Penalties
Chapter VI. MISCELLANEOUS
Section 21. Protection of action taken in good faith
Section 22. Act to have overriding effect
Section 23. Bar of judisdiction of courts
Section 24. Act not to apply in certain organizations
Section 25. Monitoring and reporting.
Section 26. Appropriate Government to prepare programmes
Section 27. Power to make rules by appropriate Government
Section 28. Power to make rules by competent authority
Section 29. Laying of rules
Section 30. Power to remove difficulties
Section 31. Repeal
SC I THE FIRST SCHEDULE
SC II THE SECOND SCHEDULE
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Property Registration in Jabalpur

We provide the services for Property Registration in Jabalpur

  • All Property Registration in Jabalpur, Madhya Pradesh
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Property Law

Property Laws

  • Transfer of Property Act 1882
  • Assam (Alteration Of Boundaries) Act, 1951
  • Assam Alienation Of Land (Regulation) Act, 1980
  • Assam State Legislature (Delegation Of Powers) Act, 1980
  • Assam State Legislature (Delegation Of Powers) Act, 1981
  • The Delhi (Delegation Of Powers) Act, 1964
  • The Delhi Development Authority (Validation Of Disciplinary Powers) Act, 1998
  • The Delhi Lands (Restrictions On Transfer) Act, 1972
  • The Delhi Laws Act, 1912
  • The Delhi Laws Act, 1915
  • The Delhi Municipal Corporation (Validation Of Electricity Tax) Act, 1966
  • The Benami Transactions(Prohibitions) Act, 1988
  • The Delhi Apartment Ownership Act, 1986
  • The Delhi Land Reforms Act, 1954
  • The Delhi Land (Restrictions on Transfer) Act, 1972
  • The Delhi Land Revenue Act, 1954
  • The Delhi Rent Act, 1995
  • The Delhi Rent Control Act, 1958
  • The Hindu Disposition of Property Act, 1916
  • The Public Premises (Eviction of Unauthorised Occupants) Act, 1971
  • Land Acquisition Act, 1894
Posted in Civil Law, Property Law | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,