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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 client’s 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 attorney—“I 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 attorney—“I 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 A’s 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]
Second—Every Commissioned Officer in the Military, Naval or Air Forces of India;
Third—Every Judge including any person empowered by law to
discharge, whether by himself or as a member of any body of persons,
any adjudicatory functions ;
Fourth—Every 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 ;
Fifth—Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant ;
Sixth—Every 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 ;
Seventh—Every person who holds any office by virtue of which he is empowered to place or keep any person in confinement ;
Eighth—Every 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 ;
Ninth—Every 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 ;
Tenth—Every 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 ;
Eleventh—Every 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 ;
Twelfth—Every 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.
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