|   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 that 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 respect 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 the 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). |  Illustrations 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 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. |