Bare Act Search Results

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.....

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.....

Specific Relief Act 1963 Chapter IV

Title: Rescission of Contracts

State: Central

Year: 1963

.....where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract. Explanation.--In this section "contract", in relation to the territories to which the Transfer of Property Act, 1882, does not extend, means a contract in writing. Section 28 - Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed (1) Where in any suit a decree for specific performance of a contract for the sale or lease of immovableproperty has been made and the purchaser or lessee does not, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case may require. (2) Where a contract is rescinded under sub-section (1), the court-- (a) shall direct the purchaser or the lessee, if he has obtained.....

Specific Relief Act 1963 Chapter VI

Title: Declaratory Decrees

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. Section 35 - Effect of declaration A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees. SPECIFIC RELIEF ACT 1963Part III - PREVENTIVE RELIEF

Specific Relief Act 1963 Part III

Title: Preventive Relief

State: Central

Year: 1963

.....enforcing, the court may in its discretion grant an injunction to prevent the breach complainedof, and also to compel performance of the requisite acts. Section 40 - Damages in lieu of, or in addition to, injunction (1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunction under section 39, may claim damages either in addition to, or in substitution for, such injunction and the court may,if it thinks fit, award such damages. (2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint: Provided that where no such damages have been claimed in the plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on such terms as may be just for including such claim. (3) The dismissal of a suit to prevent the breach of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such breach. Section 41 - Injunction when refused An injunction cannot be granted-- (a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless.....

Specific Relief Act 1963 Section 28

Title: Rescission in Certain Circumstances of Contracts for the Sale or Lease of Immovable Property, the Specific Performance of Which Has Been Decreed

State: Central

Year: 1963

.....vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case may require. (2) Where a contract is rescinded under sub-section (1), the court-- (a) shall direct the purchaser or the lessee, if he has obtained possession of the property under the contract, to restore such possession to the vendor or lessor; and (b) may direct payment to the vendor or lessor of all the rents and profits which have accrued in respect of the property from the date on which possession was so obtained by the purchaser or lessee until restoration of possession to the vendor or lessor, and if the justice of the case so requires, the refund of any sum paid by the vendee or the lessee as earnest money or deposit in connection with the contract. (3) If the purchase or lessee pays the purchase money or other sum which he is ordered to pay under the decree within the period referred to in sub-section (1), the court may, on application made in the same suit, award the purchaser or lessee such further.....

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.

Refuge Relief Taxes (Abolition) Act, 1973 [Repealed] Preamble 1

Title: Refuge Relief Taxes (Abolition) Act, 1973

State: Central

Year: 1973

THE REFUGE RELIEF TAXES (ABOLITION) ACT, 1973 [Act, No. 13 of 1973] [31st March, 1973] PREAMBLE An Act further to amend the Indian Stamp Act, 1899, the Central Excises and Salt Act, 1944, and the Union Duties of Excise (Distribution) Act, 1962, and to repeal the Railway Passenger Fares Act, 1971, the Tax on Postal Articles Act, 1971, and the Inland Air Travel Tax Act, 1971. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-

Specific Relief Act 1963 Complete Act

Title: Specific Relief Act 1963

State: Central

Year: 1963

.....not as owner, to deliver to persons entitled to immediate possession Chapter II Section9 - Defences respecting suits for relief based on contract Section10 - Cases in which specific performance of contract enforceable Section11 - Cases in which specific performance of contracts connected with trusts enforceable Section12 - Specific performance of part of contract Section13 - Rights of purchaser or lessee against person with no title or imperfect title Section14 - Contracts not specifically enforceable Section15 - Who may obtain specific performance Section16 - Personal bars to relief Section17 - Contract to sell or let property by one who has no title, not specifically enforceable Section18 - Non-enforcement except with variation Section19 - Relief against parties and persons claiming under them by subsequent title Section20 - Discretion as to decreeing specific performance Section21 - Power to award compensation in certain cases Section22 - Power to grant relief for possession, partition, refund of earnest money, etc Section23 - Liquidation of damages not a bar to specific performance Section24 - Bar of suit for compensation for breach after dismissal of.....

Displaced Persons (Debts Adjustment) Act, 1951 Chapter III

Title: Reliefs

State: Central

Year: 1951

.....be liable to arrest or imprisonment in execution of any decree for the recovery of any debt whether passed before or after the commencement of this Act. Section 31 - Further reliefs in the matter of attachment of property Section 60 of the Code of Civil Procedure, 1908 (Act V of 1908) shall, in relation to the execution of any decree for a debt against a displaced person (whether passed before or after the commencement of this Act), have effect, as if-- (1) for clause (c) of the proviso to sub-section (1), the following clauses had been substituted, namely:-- "(c) houses and other buildings (with the materials and the sites thereof and the land immediately appertaining thereto and necessary for their enjoyment) belonging to an agriculturist and not proved by the decree-holder to have been let out on rent or otherwise to any person other than the father, mother, wife, son, daughter, daughter-in-law, brother, sister or other dependent of the judgement-debtor or to have been left vacant for a period of one year or more; (cc) milch animals, whether in milk or in calf, kids, animals used for the purpose of transport or draught cart and open spaces or enclosures belonging to.....