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Start Free TrialLimitation Act, 1963 (36 of 1963) Schedule 1
Title: The Schedule
State: Central
Year: 1963
..... second division---appeals 114. Appeal from an order of acquittal -- (a) under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure, 1898 (5 of 1898). Ninety days The date of the order appealed from. (b) under sub-section (3) of section 417 of the Code. Thirty days The date of the grant of special leave. 115. Under the Code of Criminal Procedure, 1898 (5 of 1898) (a) from a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction. Thirty days The date of the sentence. (b) from any other sentence or any order not being an order of acquittal -- (i) to the High Court. Sixty days The date of the sentence or order. (ii) to any other court. Thirty days The date of the sentence or order. 116. Under the Code of Civil Procedure, 1908 (5 of 1908),-- (a) to a High Court from any decree or order. .....
View Complete Act List Judgments citing this sectionThe Limitation Act, 1963 Complete Act
State: Central
Year: 1963
.....31-8-1967).2 Orissa Act 24 of 1967, S 3 (w.e.f. 31-8-1967). SECTION 29: SAVINGS (1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of 1872). (2) Where any special or local, law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law. (3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law. (4) Sections 25 and 26 and the definition of "easement" in section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882 (5 of 1882) may for the time being extend. SECTION 30: PROVISION FOR SUITS, ETC., FOR WHICH.....
List Judgments citing this sectionSpecific 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.....
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Chapter II
Title: Specific Performance of Contracts
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.....
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 21
Title: Power to Award Compensation in Certain Cases
State: Central
Year: 1963
.....be granted, but that it is not sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should also be made to the plaintiff, it shall award him such compensation accordingly. (4) In determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872. (5) No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint: Provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation. Explanation.--The circumstances that the contract has become incapable of specific performance does not preclude the court from exercising the jurisdiction conferred by this section.
View Complete Act List Judgments citing this sectionMarine Insurance Act, 1963 Section 36
Title: When Breach of Warranty Excused
State: Central
Year: 1963
(1) Non-compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law. (2) Where a warranty is broken, the assured cannot avail himself of the defence that the breach has been remedied, and the warranty complied with before loss, (3) A breach of warranty may be waived by the insurer.
View Complete Act List Judgments citing this sectionBorstal School Act, 1963 Chapter 3
Title: Release on Licence
State: Karnataka
Year: 1963
.....may be. (6) The period beginning from the date on which the order under sub-section (2) is passed by the Inspector-General and ending with the day on which the order is passed under section 16 or section 17, shall be excluded in computing the total term of his detention in a Borstal School or in computing the period of one year referred to in section 17. Section 21 - Arrest of offender escaping from Borstal School or escaping from supervision Any offender, who, in contravention of the provisions of this Act, has escaped from a Borstal School or has escaped from a civil hospital to which he was removed for treatment under section 14 or has escaped from the supervision of any authority, institution, society, or person under whose supervision he has been directed to remain or has been permitted to live by licence under section 15, or has committed a breach of any of the conditions imposed under section 19, may be arrested by any officer of the Police without a warrant and without an order of the Magistrate and sent back to the Borstal School or civil hospital or to such authority, institution, society or person, as the case may be.
View Complete Act List Judgments citing this sectionBorstal School Act, 1963 Section 20
Title: Investigating Committee to Investigate into Complaints Against Offenders Discharged on Probation, Etc
State: Karnataka
Year: 1963
.....made under sub-section (2) or escapes while detained under sub-section (4), he may, on the request of the Inspector-General, or any officer authorised by him in this behalf, be arrested by any officer of Police without a warrant and without any order of a Magistrate and brought before the Investigating Committee or sent under custody to the place of detention under sub-section (4), as the case may be. (6) The period beginning from the date on which the order under sub-section (2) is passed by the Inspector-General and ending with the day on which the order is passed under section 16 or section 17, shall be excluded in computing the total term of his detention in a Borstal School or in computing the period of one year referred to in section 17.
View Complete Act List Judgments citing this sectionForest Act, 1963 Chapter 11
Title: Special Provisions Relating to Catechu
State: Karnataka
Year: 1963
.....mark, lop, tap, uproot or burn or strip, bark or leaves from or otherwise damage, any catechu tree growing, existing or found on any land or manufacture cutch unless such person is duly authorised in this behalf under this Chapter. Section 90 - Felling, conversion or removal of catechu trees by the Forest or Revenue Department or by a person The felling, conversion or removal of catechu trees and timber or manufacture of cutch shall not be effected by any person, other than the following, namely:- (1) by the officers of the Forest and Revenue Departments of the State Government authorised in this behalf by the State Government either by a general or special order; or (2) by a person holding a permit granted by the1[Deputy Conservator of Forest] 2[x x x] ______________________ 1. Substituted by Act 20 of 2001 w.e.f. 5.9.2002. 2. Omitted by Act 1 of 1981 w.e.f. 23.2.1989. Section 91 - Application for permit for felling catechu trees (1) Every person who, whether as holder, occupant, tenant, sub-tenant or lessee or in any other capacity, having right over catechu trees growing or existing or found on any land and who is desirous of felling such trees for.....
View Complete Act List Judgments citing this sectionForest Act, 1963 Section 96
Title: Power of Revenue, Forest and Police Officers to Search and Seize Property Liable to Confiscation
State: Karnataka
Year: 1963
Any Revenue Officer not below the rank of a Revenue Inspector or any Forest Officer not below the rank of a Forest Guard or any Police Officer not below the rank of a Head Constable may, within his jurisdiction enter any land and inspect at all reasonable times, stock of cutch, catechu trees felled, boiling of catechu, accounts maintained and for that purpose enter any premises or stop any animal, vehicle, vessel or other conveyance and search the same and seize stocks of catechu trees and cutch together with the packages, coverings and containers thereof in respect of which he has reason to believe that any of the provisions of this Chapter have been contravened, and the driver and other person or persons, who may, for the time being in charge of such animal, vehicle, vessel or other conveyance, shall stop or secure the stopping of such animal, vehicle or other conveyance on demand by the said officer and render all assistance within their power in connection with such search or seizure: Provided that in exercising the power of entry and search due regard shall be paid by such officer to the social and religious customs of the occupants of the premises or vehicle, vessel or ot
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