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Start Free TrialSpecific Relief Act 1963 Section 13
Title: Rights of Purchaser or Lessee Against Person with No Title or Imperfect Title
State: Central
Year: 1963
.....and they are bound to convey at the request of the vendor or lessor, the purchaser or lessee may compel him to procure such conveyance; (c) where the 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.
View Complete Act List Judgments citing this sectionReserve Bank of India Act, 1934 (2 of 1934) Section 28
Title: Recovery of Notes Lost, Stolen, Mutilated or Imperfect
State: Central
Year: 1934
.....of the 2 [Central Government], prescribed the circumstances in and the conditions and limitations subject to which the value of such currency notes or bank notes may be refunded as of grace and the rules made under this proviso shall be laid on the table 3 [***] of 4 [Parliament]. 5 [***] ________________________ 1. The brackets and figure "(1)" Inserted by the India and Burma (Burma Monetary Arrangements) Order, 1937 and omitted by Act 11 of 1947, section 15 (w.e.f. 1-4-1947). 2. Substituted by the India and Burma (Burma Monetary Arrangements) Order, 1937, for "Governor-General in Council". 3. The words " of both Houses" omitted by the A.O. 1948. 4. Substituted by the A.O. 1950, for "Central Legislature". 5. Sub-section (2) Inserted by the India and Burma (Burma Monetary Arrangements) Order, 1937 and omitted by Act 11 of 1947, section 15 (w.e.f. 1-4-1947).
View Complete Act List Judgments citing this sectionSpecific 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.....
View Complete Act List Judgments citing this sectionSpecific 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.....
View Complete Act List Judgments citing this sectionAll India Services Act, 1951 Complete Act
State: Central
Year: 1951
.....Service, and (3) the Indian Medical and Health Service. The present Bill seeks to create the aforesaid services by amending the All India Services Act, 1951. Under section 3of the Act, the Central Government would be empowered to make rules for the regulation of recruitment, and conditions of service of persons appointed, to these services. - S.O.R. -Gaz. of Ind., 19-11-1962, Pt. II, S. 2, Ext., p. 1012. Act 23 of 1975.- In service matters occasions arise when it becomes an inescapable necessity to amend or make rules with retrospective effect. An instance in point is the implementation of the decisions of the Government on the recommendations of the Third Central Pay Commission. 2.Section 3of the All India Services Act, 1951 which empowers the Central Government to make rules for the regulation of recruitment and the conditions of service of persons appointed to an All India Service does not in terms permit the making of the rules with retrospective effect. In view of the opinion tendered by the Attorney-General in 1969 in connection with a po,int raised by the Public Accounts Committee regarding an exemption notification issued with retrospective effect under the Central.....
List Judgments citing this sectionSpecific 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.....
List Judgments citing this sectionReserve Bank of India Act, 1934 Complete Act
State: Central
Year: 1934
RESERVE BANK OF INDIA ACT, 1934 RESERVE BANK OF INDIA ACT, 1934 1934 An Act to constitute a Reserve Bank of India WHEREAS it is expedient to constitute a Reserve Bank for India to regulate the issue of Bank notes and the keeping of reserves with a view to securing monetary stability in India and generally to operate the currency and credit system of the country to its advantage ; AND WHEREAS in the present disorganisation of the monetary systems of the world it is not possible to determine what will be suitable as a permanent basis for the Indian monetary system ; BUT WHEREAS it is expedient to make temporary provision on the basis of the existing monetary system, and to leave the question of the monetary standard best suited to India to be considered when the international monetary position has become sufficiently clear and stable to make it possible to frame permanent measures; It is hereby enacted as follows :- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Reserve Bank of India Act, 1934. (2) It extends to the whole of India. (3) This section shall come into force at once, and the remaining provisions of this Act shall come into.....
List Judgments citing this sectionConsumer Protection Act, 1986 Chapter I
Title: Preliminary
State: Central
Year: 1986
.....of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services.] (2) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area. __________________________ 1. Substituted by Act 50 of 1993,section 2, for clause (a) (w.r.e.f. 18-6-1993). 2. Inserted by Act 50 of 1993,section 2 (w.r.e.f. 18-6-1993). 3. Inserted by Act 62 of 2002,section 2 (w.e.f. 15-3-2003). 4. Substituted by Act 50 of 1993,section 2, for sub-clause (i) (w.r.ei. 18-6-1993). 5. Substituted by Act 62 of 2002,section 2, for "any trader" (w.e.f. 15-3-2003). 6. Substituted by Act 50 of 1993,section 2, for "the goods mentioned in the complaint" (w.r.e.f. 18-6-1993). 7. Substituted by Act 50 of 1993,section 2, for "the services mentioned in the complaint" (w.r.e.f. 18-6-1993). 8. Substituted by Act 62 of 2002,section 2, for sub-clause "(iv) a trader has charged for the goods . mentioned in the complaint a price in excess of the price fixed by or under any law for the time being.....
View Complete Act List Judgments citing this sectionConsumer Protection Act, 1986 Section 2
Title: Definitions
State: Central
Year: 1986
.....of spurious goods or offering such goods for sale or adopting deceptive practices in the provision of services.] (2) Any reference in this Act to any other Act or provision thereof which is not in force in any area to which this Act applies shall be construed to have a reference to the corresponding Act or provision thereof in force in such area. __________________________ 1. Substituted by Act 50 of 1993,section 2, for clause (a) (w.r.e.f. 18-6-1993). 2. Inserted by Act 50 of 1993,section 2 (w.r.e.f. 18-6-1993). 3. Inserted by Act 62 of 2002,section 2 (w.e.f. 15-3-2003). 4. Substituted by Act 50 of 1993,section 2, for sub-clause (i) (w.r.ei. 18-6-1993). 5. Substituted by Act 62 of 2002,section 2, for "any trader" (w.e.f. 15-3-2003). 6. Substituted by Act 50 of 1993,section 2, for "the goods mentioned in the complaint" (w.r.e.f. 18-6-1993). 7. Substituted by Act 50 of 1993,section 2, for "the services mentioned in the complaint" (w.r.e.f. 18-6-1993). 8. Substituted by Act 62 of 2002,section 2, for sub-clause "(iv) a trader has charged for the goods . mentioned in the complaint a price in excess of the price fixed by or under any law for the time being.....
View Complete Act List Judgments citing this sectionReserve Bank of India Act, 1934 (2 of 1934) Chapter 3
Title: Central Banking Functions
State: Central
Year: 1934
.....words "Part B" omitted by Act 37 of 1956, section 104 (w.e.f. 1-11-1956). 3. The words "(including the autonomous State of Meghalaya)" Inserted by Act 54 of 1969, section 75 and omitted by Act 81 of 1971, section 72 (w.e.f. 21-1-1972). Section 21B - Effect of agreements made between the Bank and certain States before the 1st November, 1956 1 [21B. Effect of agreements made between the Bank and certain States before the 1st November, 1956 (1) Any agreement made under section 21 or section 21A between the Bank and the Government of a State specified in the Explanation below and in force immediately before the 1st day of November, 1956, shall, as from that day have effect as if it were an agreement made on that day under section 21A between the Bank and the Government of the corresponding State subject to such modifications, if any, being of a character not affecting the general operation of the agreement, as may be agreed upon between the Bank and the Government of the corresponding State, or in default of such agreement, as may be made therein by order of the Central Government. Explanation.-In this sub-section "corresponding State" means,- (a) in relation to the.....
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