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Maharashtra High Court (Hearing of Writ Petitions by Division Bench & Abolition of Letters Patent Appeals) Act, 1986 Complete Act

State: Maharashtra

Year: 1986

.....any direction, order or writ under Article 226 of the Constitution of India and every application invoking the jurisdiction of the High Court under Article 227 or Article 228 of the Constitution of India, pending before the High Court of Judicature at Bombay, on the date of commencement of this Act, or filed on or after the said date, whether the matter in dispute is or has arisen in Greater Bombay or outside Greater Bombay, shall be heard and disposed of by a Division Bench to be appointed by the Chief Justice of the High Court. Provided that, the High Court may, by rules made after previous publication [deleted by Mah. Act No. 27 of 2008, and with the previous......State Government. w.e.f. 1.7.1987] [* * *] prescribed that such of that application referred to above, arising in Greater Bombay or outside Greater Bombay, as may be specified in the rules, may be heard and disposed of by a single Judge appointed by the Chief Justice. 3. Abolition of appeal from judgment or order of single Judge of High Court made in exercise of original or appellate jurisdiction.:- (1) Notwithstanding anything contained in the Letters Patent for the High Court of Judicature at Bombay, dated the.....

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Maharashtra High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letters Patent Appeals) Act, 1986 Complete Act

State: Maharashtra

Year: 1986

.....any direction, order or writ under Article 226 of the Constitution of India and every application invoking the jurisdiction of the High Court under Article 227 or Article 228 of the Constitution of India, pending before the High Court of Judicature at Bombay, on the date of commencement of this Act, or filed on or after the said date, whether the matter in dispute is or has arisen in Greater Bombay or outside Greater Bombay, shall be heard and disposed of by a Division Bench to be appointed by the Chief Justice of the High Court: Provided that, the High Court may, by rules made after previous publication and with the previous approval of the State Government prescribe that such of the applications referred to above, arising in Greater Bombay or outside Greater Bombay, as may be specified in the rules, may be heard and disposed of by a Single Judge appointed by the Chief Justice. SECTION 03: ABOLITION OF APPEAL FROM JUDGMENT OR ORDER OF SINGLE JUDGE OF HIGH COURT MADE IN EXERCISE OF ORIGINAL OR APPELLATE JURISDICTION (1) Notwithstanding anything contained in the Letters Patent for the High Court of Judicature at Bombay, dated the 28th December 1865 and in any other instrument.....

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Specific Relief Act 1963 Chapter VII

Title: Injunctions Generally

State: Central

Year: 1963

Preventive relief is granted at the discretion of the court by injunction, temporary orperpetual. Section 37 - Temporary and perpetual injunctions (1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908. (2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

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Monopolies and Restrictive Trade Practices Act, 1969 Section 12A

Title: Power of the Commission to Grant Temporary Injunctions

State: Central

Year: 1969

.....be construed as a reference to an inquiry before the Commission.] 2[Explanation I.-For the purposes of this section an inquiry shall be deemed to have commenced upon the receipt by the Commission of any complaint, reference or as the case may be, application or upon its own knowledge or information reduced to writing by the Commission. Explanation II.-For the removal of doubts, it is hereby declared that the power of the Commission with respect to temporary injunction includes power to grant a temporary injunction without giving notice to the opposite party.] ________________________ 1. Inserted by Act 30 of 1984, section 10 w.e.f. 1-8-1984. 2. Inserted by Act 58 of 1991, section 6 w.r.e.f. 27-9-1991.

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Indian Penal Code (45 of 1860) Section 345

Title: Wrongful Confinement of Person for Whose Liberation Writ Has Been Issued

State: Central

Year: 1860

Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter.

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Specific Relief Act 1963 Section 37

Title: Temporary and Perpetual Injunctions

State: Central

Year: 1963

(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908. (2) A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.

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Specific Relief Act 1963 Chapter VIII

Title: Perpetual Injunctions

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.....

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Karnataka Excise Act, 1965(Karnataka) Section 68D

Title: Excise Revenue to Be Paid Irrespective of Pendency of Any Writ Petition, Suit Etc

State: Karnataka

Year: 1965

Notwithstanding that a writ petition has been preferred before the High Court or a suit or other proceeding has been instituted in any Court or any appeal has been filed before any Court, the Karnataka Appellate Tribunal or the Excise Commissioner or a revision has been filed before the State Government, any sum due to the State Government under this Act as a result of demand or order made or passed by any officer or authority empowered in this behalf by or under this Act shall be payable in accordance with such demand or order.] _______________________________ 1. Sections 68B to 68D Inserted by Act 2 of 1995 w.e.f. 25.02.1995.

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The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 Complete Act

State: Tamil Nadu

Year: 1973

.....may be prescribed. NOTES S.11 " Certificate of recognition " scope of " (1993) Writ L.R.530(D.B); Added by Act 39 of 1987 [11-A Additional factors to be taken into account for recognition of private schools .- The competent authority shall, before passing orders on an application for recognition under section 11, also take into consideration, (a) the adequacy of schools already existing in the locality; (b) the need for the private school in the locality; (c) the number of pupils studying in such school; (d) the extent of the playground available to pupils and the adequacy of the playground with reference to the strength of the pupils in the school; (e) the amenities available to pupils and teachers; (f) the equipment, laboratory, library and other facilities for instruction; and (g) such other factors as may be prescribed.] 12. Withdrawal of recognition by competent authority.- (1) The competent authority may withdraw permanently or for any specified period the recognition of any private school- (i) which does not comply with any of the provisions of this Act or any rules made or directions issued thereunder in so far as such provisions,.....

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The Tamil Nadu Private Colleges (Regulation) Act, 1976 Complete Act

State: Tamil Nadu

Year: 1976

.....one month for the filing of such appeal. (2) The members of the Special Tribunal shall hear the appeal on all points whether of law or of fact. Where on any such points or points the members are divided in their opinion they shall state the point or points on which they are so divided and such point or points together with their opinion there on shall them be laid before one or more judges nominated for the purpose by the Chief Justice and such Judge or Judges shall hear the appeal in so far as it relates to such point or points, and on each such point, the decision of the majority of the Judges who have heard the appeal including those who first heard it shall be deemed to be the decision of the Special Tribunal. (3) The Special Tribunal shall have the same powers as are vested in a civil court under the Code of Civil procedure, 1908 (Central Act V of 1908) when hearing an appeal. (4) Every order made by the Special Tribunal under this Act shall be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court. (5) The decision of the Special Tribunal shall be final. CHAPTER IV TERMS AND CONDITIONS OF SERVICE.....

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