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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 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 sectionThe Mizoram Municipalities Act, 2007 Complete Act
State: Mizoram
Year: 2007
THE MIZORAM MUNICIPALITIES ACT, 2007 THE MIZORAM MUNICIPALITIES ACT, 2007 (Act No.6 of 2007) [Received the assent of the Governor of Mizoram on 16th April/2007] An Act to provide for the administration of town areas and to establish municipalities in towns, transitional areas and urban areas in Mizoram. Whereas it is expedient and necessary to provide for the administration of town areas viz., transitional areas and urban areas and to introduce municipalities in Mizoram for the purpose of bringing them in conformity with the purpose, substance and direction of the Constitution (Seventy-fourth) Amendment Act, 1992 in general, and in particular to endow the municipalities with functions and powers so as to enable them to function as vibrant Institution of Local Self Government with greater People's participation in managing their own affairs besides importing certainty, continuity and democratic content and dignity, aiming among other things at the realisation of economic and social justice; It is enacted by the Legislative Assembly of Mizoram in the Fifty-eighth Year of the Republic of India as follows: CHAPTER -I PRELIMINARY 1. Short title, extent.....
List Judgments citing this sectionWest Bengal Municipal Act, 1993 Complete Act
State: West Bengal
Year: 1993
.....epidemic, endemic, or infectious disease which the State Government may, by notification, declare to be a dangerous disease for the purposes of this Act; 44. Clause (15A) ins, by W.B. Act 45 of 1994. (15A) "District Magistrate" means the District Magistrate referred to in sub-section (1) of S.20 of the Code of Criminal Procedure, 1973; 55. Clauses (15B) and (15C) ins. by W.B. Act 32 of 1997. (15B) "District Planning Committee" means the District Planning Committee constituted under sub-section (1) of S.3 of the West Bengal District Planning Committee Act, 1994, and includes the Siliguri Sub-Division Planning Committee; 55. Clauses (15B) and (15C) ins. by W.B. Act 32 of 1997. (15C) "Draft Development Plan" means the Draft Development Plan prepared under section 297; (16) "drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sullage, sewage, offensive matter, polluted water, rain-water or subsoil water; (17) "drug" means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use, but does not include a drug within the.....
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 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 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 sectionThe Jharkhand Municipal Act, 2011 Complete Act
State: Jharkhand
Year: 2011
.....or the Nagar Panchayat, the Executive Officer of the Municipal Council or the Nagar Panchayat; (47) "Factory" means a factory as defined in the Factories Act, 1948; (48) "Filth" means (a) night soil or other contents of latrines, cesspools and drains; (b) dirt, dung, refuse, useless or offensive materials thrown out in consequence of any process of manufacture, industry or trade; and (c) putrid or putrifying substance, (49) "Finance Commission" means the State Finance Commission constituted under Article 243-I of the Constitution of India and referred to in section 97 of this Act; (50) "Food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into, or is used in the composition or preparation of, human food, and also includes confectionery, flavouring and colouring matters, spices and condiments; (51) "Footpath" means a pavement, for use by pedestrians; (52) "Goods" include animals; (53) "Government" means the State Government of Jharkhand; (54) "Holding" means land held under one title or agreement and surrounded by one set of boundaries: Provided that, where two or more adjoining holdings held by the same.....
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