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

.....of ministers. (3) If any question arises whether any matter is or is not a matter as respects which the Governor-General is by or under this Act required to act in his discretion or to exercise his individual judgment, the decision, of the Governor-General in his discretion shall be final, and the validity of anything done by the Governor-General shall not be called in question on the ground that he ought or ought not to have acted in his discretion, or ought or ought not to have exercised his individual judgment]. ___________________________ 1.These words up to the end of the section were omitted, by the India (Provisional Constitution) Order, 1947. 10. Other Provisions as to ministers (1) The Governor-General's ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure. (2) A minister who for any period of six consecutive months is not a member of 1 [either Chamber of] the Federal Legislature shall at the expiration of that period cease to be a minister. (3) The salaries of ministers shall be such as the Federal Legislature may from time to time by Act determine and, until the Federal.....

Air Corporations Act, 1953 Complete Act

State: Central

Year: 1953

.....with either of the Corporations. SECTION 09: CORPORATIONS TO ACT ON BUSINESS PRINCIPLES - In carrying out any of duties vested in it by this Act, each of the Corporations shall act so far as may be on business principles. CHAPTER 03: FINANCE, ACCOUNTS AND AUDIT SECTION 10: CAPITAL OF THE CORPORATIONS - (1) All non-recurring expenditure incurred by the Central Government for, or in connection with, each of the Corporations up to the date of establishment of that Corporation and declared to be capital expenditure by that Government, shall be treated as capital provided by the Central Government to that Corporation. (2) The Central Government may provide any further capital that may be required by either of the Corporations for the carrying on of the business of the Corporation or for any purpose connected therewith on such terms and conditions as the Central Government may determine. (3) Each of the Corporations may, with the consent of the Central Government, or in accordance with the terms of any general authority given to it by the Central Government- (a) borrow money for all or any of the purposes of the Corporation, and (b) secure the payment of any money.....

Medicinal and Toilet Preparations (Excise Duties) Rules, 1956 Complete Act

State: Central

Year: 1956

.....or, to determine the capacity of any cask or receptacle; (xii) "laboratory" means that part of a non-bonded or bonded manufactory in which the actual manufacture of dutiable goods takes place; (xiii) "manufacturer" means a person to whom a licence has been granted for the manufacture of dutiable goods; (xiv) "officer-in-charge" means an officer of the Excise Department of any State appointed by the collecting Government to supervise work in a bonded manufactory or a bonded warehouse and includes officers of any other Department similarly appointed; (xv) "proper officer" means an Excise Officer in whose jurisdiction the premises of the manufacturer of any dutiable goods, or of any person engaged in the process of manufacture of,or trade in such goods or containers thereof, whether as manufacturer, wholesale dealer, or intended manufacturer or wholesale dealer, are situated; (xvi) "prove" means to test the strength of alcohol by hydrometer or other suitable instrument; (xvii) "quarter" means a period of three months beginning with 1st January, 1st April, 1st July or 1st October; (xviii) "rectified spirit" means plain undenatured alcohol of a strength not less than 50.0.....

Government of India Act, 1935 [Repealed] Schedule VI

Title: Sixth Schedule

State: Central

Year: 1935

.....or a lessee, and "own" shall be construed accordingly; "tenant" as respects any land in a rural area means a tenant as defined in the Agra Tenancy Act, 1926, or the Oudh Rent Act, 1685, as the case may be, and does not include a sub-tenant, and as respects any house or building means a person who occupies it on payment of rent, or in the case of a house, not situate in military of police lines, a person who occupies it rent free by virtue of any office, service of employment; "under-proprietor" means an under-proprietor as defined in the Oudh Rent Act, 1886; "Khaikar" means a person recorded as such in the records of rights of land in the Hill Pattis of Kumaun; "building" means abuilding as defined in the United Provinces Municipalities Act, 1916; "rental value" means the value of a houses or building based on the amount rent; "municipal tax" and ''house or building tax," means the taxes respectively known by those names imposed under the United Provinces Municipalities Act, 1916, the United Provinces Town Areas Act, 1914, and the Cantonments Act, 1924; "urban area" means a municipality or notified area (as defined in sub-section (9) of section two, and sub-section.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Complete Act

State: Central

Year: 1999

.....expressions used and not defined in this Act but defined in the Trade Marks Act, 1999shall have the meanings respectively assigned to them in that Act. (3) In this Act, unless the context otherwise requires, any reference- (a) to the use of a geographical indication shall be construed as a reference to the use of a printed or other visual representation of the geographical indication; (b) to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods; (c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register; (d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3-; (e) to the Geographical Indications Registry shall be construed as including a reference to any office of the Geographical Indications Registry. SECTION 03: REGISTRAR OF GEOGRAPHICAL INDICATIONS (1) The Controller-General of Patents, Designs and Trade Marks appointed.....