Bare Act Search Results

Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....the performance of which involves the performance of a continuous duty which the court cannot supervise. (2) Save as provided by the Arbitration Act, 1940, no contract to refer present of future differences to arbitration shall be specifically enforced; but if any person who has made such a contract (other than arbitration agreement to which the provisions of the said Act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit. (3) Notwithstanding anything contained in clause (a) or clause (c) or clause (d) of sub-section (1), the court may enforce specific performance in the following cases:-- (a) where the suit is for the enforcement of a contract,-- (i) to execute a mortgage or furnish any other security for securing the repayment of any loan which the borrower is not willing to repay at once: Provided that where only a part of the loan has been advanced the vender is willing to advance the remaining part of the loan in terms of the contract; or (ii) to take up and pay for any debentures of a company; (b) where the suit is for,-- (i) the execution of a formal deed.....

Specific Relief Act, 1963 Complete Act

State: Central

Year: 1963

.....includes every person holding property in trust; (e) all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872)-, have the meanings respectively assigned to them in that Act. SECTION 03: SAVINGS Except as otherwise provided herein, nothing in this Act shall be deemed- (a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908 ( 16 of 1908)-, on documents.1967 SECTION 04: SPECIFIC RELIEF TO BE GRANTED ONLY FOR ENFORCING INDIVIDUAL CIVIL RIGHTS AND NOT FOR ENFORCING PENAL LAWS Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. PART 02: SPECIFIC RELIEF CHAPTER 1 RECOVERING POSSESSION OF PROPERTY SECTION 05: RECOVERY OF SPECIFIC IMMOVABLE PROPERTY A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908)- SECTION 06: SUIT BY PERSONS DISPOSSESSED OF IMMOVABLE PROPERTY (1) If any person is dispossessed.....

Specific Relief Act 1963 Chapter VI

Title: Declaratory Decrees

State: Central

Year: 1963

Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and thecourt may in its discretion make therein a declaration that he is so entitled, and the plaintiff neednot in such suit ask for any further relief: Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. Explanation.--A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee. Section 35 - Effect of declaration A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees. SPECIFIC RELIEF ACT 1963Part III - PREVENTIVE RELIEF

Specific Relief Act 1963 Section 34

Title: Discretion of Court as to Declaration of Status or Right

State: Central

Year: 1963

Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and thecourt may in its discretion make therein a declaration that he is so entitled, and the plaintiff neednot in such suit ask for any further relief: Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. Explanation.--A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not inexistence, and for whom, if in existence, he would be a trustee.

Delhi Land Reforms Act, 1954 Complete Act

State: Delhi

Year: 1954

.....purpose or a work of public utility and declared as such by the Chief Commissioner or acquired under the Land Acquisition Act, 1894, or any other enactment other than this Act, relating to acquisition of land for a public purpose. (3) It shall come into force at once. (4) The declaration of the Chief Commissioner under clause (c) of sub-section (2) shall be conclusive evidence that the land is held and occupied for a public purpose or a work of public utility. Section2 Repeal (1) The following Acts, in so far as they apply to areas to which this Act extends, are hereby repealed (i) the Punjab Tenancy Act, 1887, as modified by Punjab Act No. 9 of 1939; (ii) the Agra Tenancy Act, 1901; (iii) the Punjab Tenants (Security of Tenure) Act, 1950. (iv) the Punjab Land Revenue Act, 1887, in so far as its provisions are inconsistent with this Act. (v) the U.P. Land Revenue Act, 1901, in so far as its provisions are inconsistent with this Act, and (vi) so much of any other law or of any rule having the force of law for the time being in force as is inconsistent with the provisions of this Act. Section3 Definition In this Act, unless the context otherwise.....

National Commission for Minority Educational Institutions Act, 2004 Section 10A

Title: Right of a Minority Educational Institution to Seek Affiliation

State: Central

Year: 2004

1[Section 10A - Right of a Minority Educational Institution to seek affiliation (1) A Minority Educational Institution may seek affiliation to any University of its choice subject to such affiliation being permissible within the Act under which the said University is established. (2) Any person who is authorised in this behalf by the Minority Educational Institution, may file an application for affiliation under sub-section (1) to a University in the manner prescribed by the Statute, Ordinance, rules or regulations, of the University: Provided that such authorised person shall have right to know the status of such application after the expiry of sixty days from the date of filing of such application.] ______________________________ 1.Inserted by the National Commission for Minority Educational Institutions (Amendment) Act, 2006 (18 of 2006) w.e.f. 23.01.2006.

Indian Medicine Central Council Act, 1970 Section 13C

Title: Time for Seeking Permission for Certain Existing Medical Colleges

State: Central

Year: 1970

(1) If any person has established a medical college or any medical college has opened a new or higher course of study or training or increased the admission capacity on or before the commencement of the Indian Medicine Central Council (Amendment) Act, 2003, such person or medical college, as the case may be, shall seek, within a period of three years from the said commencement, permission of the Central Government in accordance with the provisions of section 13A. (2) If any person or medical college, as the case may be, fails to seek permission under sub-section (1), the provisions of section 13B shall apply, so far as may be, as if permission of the Central Government under section 13A has been refused.'.

Dentists Act, 1948 Section 10C

Title: Time for Seeking Permission for Certain Existing Authorities

State: Central

Year: 1948

(1) If, after the 1st day of June, 1992 and on and before the commencement of the Dentists (Amendment) Act, 1993 any person has established an authority or institution for grant of recognised dental qualification or any authority or institution granting recognised dental qualification has opened a new or higher course of study or training (including a post-graduate course of study or training) or increased its admission capacity, such person, authority or institution, as the case may be, shall seek, within a period of one year from the commencement of the Dentists (Amendment) Act, 1993, the permission of the Central Government in accordance with the provisions of section 10A. (2) If any person or, as the case may be, any authority or institution granting recognised dental qualification fails to seek the permission under sub-section (1), the provisions of section 10B shall apply so far as may be, as if permission of the Central Government under section 10A has been refused.]

Indian Medical Council Act, 1956 Section 10C

Title: Time for Seeking Permission for Certain Existing Medical Colleges, Etc.

State: Central

Year: 1956

(1) If, after the 1st day of June, 1992 and on and before the commencement of the Indian Medical Council (Amendment) Act, 1993 any person has established a medical college or any medical college has opened a new or higher course of study or training or increase the admission capacity, such person or medical college, as the case may be, shall seek, within a period of one year from the commencement of the Indian Medical Council (Amendment) Act, 1993, the permission of the Central Government in accordance with the provisions of section 10A. (2) If any person or medical college, as the case may be, fails to seek the permission under sub-section (1), the provisions of section 10B shall apply, so far as may be, as if, permission of the Central Government under section 10A has been refused.

Cigarettes (Regulation of Production, Supply and Distribution) Act, 1975 [Repealed] Section 19

Title: Offences to Be Cognizable and Bail Able

State: Central

Year: 1975

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be bail able. (2) For the avoidance of doubts, it is hereby declared that every offence punishable under this Act shall be cognizable.