Bare Act Search Results

Specific Relief Act 1963 Section 20

Title: Discretion as to Decreeing Specific Performance

State: Central

Year: 1963

.....under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance. Explanation 1.--Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b). Explanation 2.--The question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract. (3) The court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance. (4) The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party.

Government of National Capital Territory of Delhi Act, 1991 Section 41

Title: Matters in Which Lieutenant Governor to Act in His Discretion

State: Central

Year: 1991

(1) The Lieutenant Governor shall act in his discretion in a matter-- (i) which falls outside the purview of the powers conferred on the Legislative Assembly but in respect of which powers or functions are entrusted or delegated to him by the President; or (ii) in which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions. (2) If any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is by or under any law required to act in his discretion, the decision of the Lieutenant Governor thereon shall be final. (3) It any question arises as to whether any matter is or is not a matter as respects which the Lieutenant Governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of the Lieutenant Governor thereon shall be final.

Merchant Shipping Act, 1958 Section 245

Title: Discretion as to Grant of Certificate B

State: Central

Year: 1958

(1) The certifying officer shall not grant a certificate B if he has reason to believe that the leather conditions are likely to be adverse or that the ship has on board any cargo likely from its quality, quantity or mode of stowage to prejudice the health or safety of the1[special trade passeners] or pilgrims. (2) Save as aforesaid and subject to the provisions of sub-section (3), it shall be in the discretion of the certifying officer to grant or withhold the certificate, and when he withholds the certificate, the reasons for so doing shall be communicated to the person concerned. (3) In the exercise of that discretion that officer shall be subject to the control of the Central Government or of such authority as the Central Government-may appoint in this behalf. _______________________ 1. Substituted for the words "unberthed passengers" by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 2.

Central Provinces Court of Wards Act, 1899 Section 39

Title: Exercise of Discretion Not to Be Questioned in Civil Court

State: Central

Year: 1899

No suit shall be brought in any Civil Court in respect of the exercise of any discretion conferred by this Act.

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.

Government of India Act, 1915-19 [Repealed] Repealing Act 1

Title: Government of India Act, 1935

State: Central

Year: 1915

.....inconsistent with the scheme of Federation embodied in this Act: Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument. (5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto, may, without affecting the accession of the State, be amended by or by authority of Parliament, but not such amendment shall, unless it is accepted by the Ruler in a supplementary Instrument, be construed as extending the func­tions which by virtue of the Instrument are exercisable by His Majesty or any Federal Authority in relation to the State. (6) An Instrument of Accession or supplementary Instrument shall not be valid unless it is executed by the Ruler himself, but, subject as afore­said, references in this Act to the .Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by.....

Government of India Act, 1935 Complete Act

State: Central

Year: 1935

.....inconsistent with the scheme of Federation embodied in this Act: Provided that after the establishment of the Federation, if any Instrument has in fact been accepted by His Majesty, the validity of that Instrument or of any of its provisions shall not be called in question and the provisions of this Act shall, in relation to the State, have effect subject to the provisions of the Instrument. (5) It shall be a term of every Instrument of Accession that the provisions of this Act mentioned in the Second Schedule thereto, may, without affecting the accession of the State, be amended by or by authority of Parliament, but not such amendment shall, unless it is accepted by the Ruler in a supplementary Instrument, be construed as extending the functions which by virtue of the Instrument are exercisable by His Majesty or any Federal Authority in relation to the State. (6) An Instrument of Accession or supplementary Instrument shall not be valid unless it is executed by the Ruler himself, but, subject as aforesaid, references in this Act to the Ruler of a State include references to any persons for the time being exercising the powers of the Ruler of the State, whether by reason of the.....

Code of Criminal Procedure, 1898 Complete Act

State: Central

Year: 1898

.....as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years." Act 19 of 1969, Section 3 and Schedule, Item 14 (in Delhi on 2-10-1969). WEST BENGAL In its application to the State of West Bengal, for Section 30, substitute the following, namely: "30. Offences punishment with imprisonment not exceeding seven years.-Notwithstanding any thing contained in Section 28 or Section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years : Provided that no Judicial Magistrate of the first class has, prior to his appointment as such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class : Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate,.....

Chemical Weapons Convention Act, 2000 Complete Act

State: Central

Year: 2000

.....Team shall have-- (a) the right to interview any Facility personnel in the presence of enforcement officer for the purpose of establishing relevant facts; (b) the right to request clarifications in connection with ambiguities that may arise during inspection; (c) the right to demand production of such documentation and records which are relevant and necessary for the purpose of inspection; (d) the right to take photographs of an object or a building located within the Inspection Site if question relating to that object or building is not resolved; (e) the right to draw samples, perform on site analysis of such samples; and (f) such other rights as are provided under the Convention. (6) An Inspector or Inspection Team shall, during the conduct of verification activities or Challenge Inspection, enjoy the privileges and immunities referred to in Part II of the Verification Annex to the Convention. (7) No sample drawn under clause (e) of sub-section (5) by an Inspector or Inspection Team shall be sent for analysis in any laboratory situated outside the territory of India. SECTION 20: Enforcement officer to enter into any place for examining and tasting facility or to conduct.....

Government of India Act, 1935 [Repealed] Part II

Title: The Federal Executive

State: Central

Year: 1935

.....inconsistent with the scheme ofFederation embodied in this Act: Providedthat after the establishment of the Federation, if any Instrument has in factbeen accepted by His Majesty, the validity of that Instrument or of any of itsprovisions shall not be called in question and the provisions of this Act shall,in relation to the State, have effect subject to the provisions of theInstrument. (5)It shall be a term of every Instrument of Accession that the provisions of thisAct mentioned in the Second Schedule thereto, may, without affecting theaccession of the State, be amended by or by authority of Parliament, but notsuch amendment shall, unless it is accepted by the Ruler in a supplementaryInstrument, be construed as extending the functions which by virtue of theInstrument are exercisable by His Majesty or any Federal Authority in relationto the State. (6)An Instrument of Accession or supplementary Instrument shall not be valid unlessit is executed by the Ruler himself, but, subject as aforesaid, references inthis Act to the .Ruler of a State include references to any persons for the timebeing exercising the powers of the Ruler of the State, whether by reason of theRuler's.....