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Specific 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.

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The 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

.....a person registered as a Cable Operator under section 3 of the Central Act; (d) "Central Act" means the Cable Television Networks (Regulation) Act. 1995 (Act No. 7 of 1995); (e) "Government" means the Government of Maharashtra in the Department of Revenue and Forests; (f) "Person" means a person as defined in the Central Act; (g) "Territorial Unit" means ordinarily a district or a Municipal Corporation or a Municipal Council or a designated area of a Municipal Corporation or of a Municipal Council or any other area of a district as may be declared by the Government or the Collector from time to time, (h) "Upset price" means a notional aggregate of the entertainment duty leviable on all the cable connections and the duty leviable on Direct-to-Home broadcasting service in a territorial unit (2) Words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act. RULE 03: DETERMINATION OF UPSET PRICE The Government may, by general or special order determine upset price for every territorial unit. RULE 04: COLLECTION OF ENTERTAINMENTS DUTY (l) The Government may, lease by public auction the .....

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Delhi Development Act, 1957 Complete Act

State: Delhi

Year: 1957

.....to do anything necessary or expedient for purposes of such development and for purposes incidental thereto: Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force. CHAPTER 3 Master Plan and Zonal Development Plans Section7 Civic survey of, and master plan for Delhi (1)The Authority shall, as soon as may be, carry out a civic survey of, and prepare a master plan for, Delhi. (2) The master plan shall (a) define the various zones into which Delhi may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and (b) serve as a basic pattern of framework within which the zonal development plans of the various zones may be prepared. [(3) The master plan may provide for any other matter which is necessary for the proper development of Delhi.] Section8 Zonal developmental plans (1) Simultaneously with the preparation of the master plan or as soon as may.....

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Delhi Sales Tax Act, 1975 Complete Act

State: Delhi

Year: 1975

.....purchased within a period of twelve months prior to the date of registration of the dealer and subjected to tax under the Bengal Finance (Sales Tax) Act, 1941 (Bengal Act VI of 1941) as it was then in force, or under this act; (v) sale to a registered dealer (A) of goods of the class or classes specified in the certificate of such dealer, as being intended for use by him as raw materials in the manufacture in Delhi of any goods, other than goods specified in the Third Schedule or newspapers, (1) for sale by him inside Delhi; or (2) for sale by him in the course of inter-State trade or commerce, being a sale occasioning or effected by transfer of documents of title to such goods during the movement of such goods from Delhi; or (3) for sale by him in the course of export outside India being a sale occasioning the movements of such goods from Delhi, or a sale effected by transfer of documents of title to such goods effected during the movement of such goods from Delhi, to a place outside India and after the goods have crossed the customs frontiers of India; or (B) of goods of the class or classes specified in the certificate of registration of such dealer as being.....

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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.....

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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.....

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The Assam Apartments (Construction and Transfer of Ownership) Act, 2006 Complete Act

State: Assam

Year: 2006

.....different areas, cities and towns or group of areas or cities or towns as the Government may deem fit and proper. Section 2 - Application of the Act (1) This Act shall apply to every apartment and/or building defined as such under Section 3 of this Act: Provided that sole owner or all the owners of every such building shall submit the same to the provisions of this Act by duly executing and registering a declaration setting out the particulars referred to in Section 12. (2) This Act shall also apply to all the promoters/builders/ land owners/purchasers and construction of all apartment buildings undertaken by such promoters/builders/land owners/ purchasers who are required to execute and submit declaration before the Competent Authority 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.....

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Coking Coal Mines (Nationalisation) Act, 1972 Chapter I

Title: Preliminary

State: Central

Year: 1972

.....Act; (e) "Commissioner" means the Commissioner of Payments appointed under section 20; (f) "Custodian" means the Custodian appointed under sub-section (2) of section 14, to take over, or carry on, the management of a coking coal mine or coke oven plant; (g) "date of assent" means the date on which assent is given by the President to this Act; (h) "Government company" has the meaning assigned to it by section 617 of the Companies Act, 1956. (i) "managing contractor" means the person or body of persons, who with the previous consent in writing of the State Government, has entered into an arrangement, contract or understanding, with the owner of a coking coal mine or coke oven plant under which the operations of the coking coal mine or coke oven plant are substantially controlled by such person or body of persons; (j) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, and includes-- (i) all borings and bore holes; (ii) all shafts adjacent to, and belonging to or in, a mine, whether in the course of being sunk or not; (iii) all levels and inclined planes in the course of being.....

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Coking 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.....

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Specific 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.....

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