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Home Bare Acts Phrase: earnestlySpecific Relief Act 1963 Section 22
Title: Power to Grant Relief for Possession, Partition, Refund of Earnest Money, Etc
State: Central
Year: 1963
(1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask for-- (a) possession, or partition and separate possession, of the property, in addition to such performance; or (b) any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or2[made by] him, in case his claim for specific performance is refused. (2) No relief under clause (a) or clause (b) of sub-section (1) shall be granted by the court unless it has been specifically claimed: Provident that where the plaintiff has not claimed any such relief 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 relief. (3) The power of the court to grant relief under clause (b) of sub-section (1) shall be without prejudice to its powers to award compensation under section 21. ______________________ 2. Substituted by Act 52 of 1964, Schedule II.
View Complete Act List Judgments citing this sectionThe Collection of Entertainments Duty on Cable Television (Including Entertainments Duty Leviable on Directtohome (Dth) Broadcasting Service) by Way of Public Auction Rules, 2003 Complete Act
State: Central
Year: 2003
.....specified in sub-section (15) of section 3 of the Act 1[from the Cable Operators only]. (2) The Agent shall comply with all the provisions of the Act, rules, regulations or administrative orders issued by the Government in respect of collection of the duty and matters incidental thereto. 2 [(3) The Collector shall enquire or cause to be enquired into any complaint received as regards the harassment cause to the subscriber by the agent himself or any other person employed by him. If the complaint is substantiated, the Collector, after giving an opportunity of being heard to the agent, shall proceed to cancel the agreement, to forfeit the security deposit and to prosecute the agent under sub section (2) of section 7 of the Act.] RULE 11: MODE OF REMITTANCE OF ENTERTAINMENTS DUTY TO THE GOVERNMENTAL The agent shall remit within 15 days of every calendar month 1 / 12 th of the contract amount to the Collector failing which the agent shall be liable to pay interest at the rate specified in section 9-B of the Act. (2) If in any calendar month the amount of the duty collected by the agent is less than the amount of instalment specified, then the agent shall forthwith.....
List Judgments citing this sectionDelhi Development Act, 1957 Complete Act
State: Delhi
Year: 1957
.....or at whose expense such amenities are to be provided; (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature of buildings designed for particular purposes in the locality; (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area. Section9 Submission of plans to the Central Government for approval (1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone. (2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider.....
List Judgments citing this sectionDelhi Sales Tax Act, 1975 Complete Act
State: Delhi
Year: 1975
..... (b) "Appellate Tribunal" means the Appellate Tribunal constituted under Section 13; (c) "business" includes (i) any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade, commerce, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gainor profit accrues from such trade, commerce, manufacture, adventure or concern; and (ii) any transaction in connection with or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern; (d) "Commissioner" means the Commissioner of Sales Tax appointed under subsection (1) of Section 9; (e) "dealer" means any person who carries on business of selling goods in Delhi and includes (i) the Central Government or a State Government carrying on such business; (ii) an incorporated society (including a co-operative society), club or association which sells or supplies goods, whether or not in the course of business, to its members cash or for deferred payment or for commission, remuneration or other valuable construction; (iii) a manager, factor, broker, commission agent del.....
List Judgments citing this sectionSpecific Relief Act 1963 Part II
Title: Specific Relief
State: Central
Year: 1963
.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....
View Complete Act List Judgments citing this sectionSpecific Relief Act, 1963 Complete Act
State: Central
Year: 1963
.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has a right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lessor in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. SECTION 14: CONTRACTS NOT SPECIFICALLY ENFORCEABLE (1) The following contracts cannot be specifically enforced, namely:- (a) a contract for the non-performance of which compensation in money is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....
List Judgments citing this sectionThe Assam Apartments (Construction and Transfer of Ownership) Act, 2006 Complete Act
State: Assam
Year: 2006
.....in such manner as may be prescribed that he intends to submit the property wherein the apartment is or to be located, to the provisions of this Act. Section 3 - Definitions In this Act unless the context otherwise requires- (a) "apartment" means part of a property intended for any type of independent use, including one or more rooms or enclosed spaces located on one more floor or part or parts thereof in a building intended to be used for residential, commercial or business or such other type of independent use as may be prescribed and with a direct exit to a public street, road, or highway or to a common area leading to such street, road, or highway; (b) "Association of Apartment Owner" or "Society of Apartment Owner" means the Association formed in accordance with the provisions made in the bye-laws; (c) "building" means any construction for whatsoever purpose and of whatsoever materials and every part thereof, whether used as human habitation or not and includes plinth walls, chimney, drainage work, fixed platforms, verandah, balcony, cornice or projection or anything affixed thereto or any walls, earth bank, fence or other construction enclosing or delimiting.....
List Judgments citing this sectionCoking Coal Mines (Nationalisation) Act, 1972 Chapter I
Title: Preliminary
State: Central
Year: 1972
.....otherwise requires,-- (a) "appointed day" means the 1st day of May, 1972; (b) "coke oven plant" means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on, and includes-- (i) all lands, buildings, works, machinery and equipment, vehicles, railway, tramways and sidings, belonging to, or in, the coke oven plant, (ii) all workshops belonging to the coke oven plant, including buildings, machinery, instrument, stores, equipment of such workshops and the lands on which such workshops stand, (iii) all coke in stock or under production, and other stores, stocks and instruments, belonging to the coke oven plant, (iv) all power station belonging to the coke oven plant or operated for supplying electricity for the purpose of working of coke oven plant or a number of coke oven plants, (v) all lands, buildings and equipment belonging to the coke oven plant where the washing of coal is carried on, (vi) all other fixed assets movable or immovable, and current assets belonging to a coke oven plant, whether within its premises or outside. 1 [Explanation.-- The expression "current assets" does not include,-- (a) dues representing the.....
View Complete Act List Judgments citing this sectionCoking Coal Mines (Nationalisation) Act, 1972 Section 3
Title: Definitions
State: Central
Year: 1972
.....otherwise requires,-- (a) "appointed day" means the 1st day of May, 1972; (b) "coke oven plant" means the plant and equipment with which the manufacture of hard coke has been, or is being, carried on, and includes-- (i) all lands, buildings, works, machinery and equipment, vehicles, railway, tramways and sidings, belonging to, or in, the coke oven plant, (ii) all workshops belonging to the coke oven plant, including buildings, machinery, instrument, stores, equipment of such workshops and the lands on which such workshops stand, (iii) all coke in stock or under production, and other stores, stocks and instruments, belonging to the coke oven plant, (iv) all power station belonging to the coke oven plant or operated for supplying electricity for the purpose of working of coke oven plant or a number of coke oven plants, (v) all lands, buildings and equipment belonging to the coke oven plant where the washing of coal is carried on, (vi) all other fixed assets movable or immovable, and current assets belonging to a coke oven plant, whether within its premises or outside. 1 [Explanation.-- The expression "current assets" does not include,-- (a) dues representing the.....
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Chapter II
Title: Specific Performance of Contracts
State: Central
Year: 1963
.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....
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