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Geneva Conventions Act, 1960 Complete Act

State: Central

Year: 1960

.....power to sentence him to death or to imprisonment for a term of two years or more, shall not proceed with the trial until it is proved to the satisfaction of the Court that a notice containing the particulars mentioned in the next following sub-section, so far as they are known to the prosecutor, has been served not less than three weeks previously on the protecting power (if there is a protecting power) and, if the accused is a protected prisoner of war, on the accused and the prisoners' representative. (2) The particulars referred to in the foregoing sub-section are - (a) the full name and description of the accused, including the date of his birth and his profession or trade, if any, and, if the accused is protected prisoner of war, his rank and arm, regimental, personal or serial number; (b) his place of detention, internment or residence; (c) the offence with which he is charged- and (d) the Court before which the trial is to take place and the time and place appointed for the trial. (3) For the purposes of this section a document purporting - (a) to be signed on behalf of the protecting power or by the prisoners representative or by the person accused, as the case may.....

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Geneva Convention Act 1960 Schedule I

Title: First Schedule

State: Central

Year: 1960

.....medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action. Article 43 The medical units belonging to neutral countries, which may have been authorized to lend their services to a belligerent under the conditions laid down in Article 27, shall fly, along with the flag of the convention, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 42. (Marking of units of neutral countries.) Subject to orders to the contrary by the responsible military authorities, they may on all occasions, fly their national flag, even if they fall into the hands of the adverse party. Article 44 With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the Red Cross on a white ground and the words "Red Cross", or "Geneva Cross" may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present convention and other conventions dealing with similar matters. The same shall.....

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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.....

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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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Specific Relief Act 1963 Section 38

Title: Perpetual Injunction when Granted

State: Central

Year: 1963

(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. (2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II. (3) When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:-- (a) where the defendant is trustee of the property for the plaintiff; (b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion; (c) where the invasion is such that compensation in money would not afford adequate relief; (d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

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Specific Relief Act, 1963 Complete Act

State: Central

Year: 1963

.....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 a 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 lessor 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. SECTION 14: CONTRACTS NOT SPECIFICALLY ENFORCEABLE (1) The following contracts cannot be specifically enforced, namely:- (a) a contract for the non-performance of which compensation in money is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

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Bombay Agricultural Pests and Diseases Act, 1947 Complete Act

State: Maharashtra

Year: 1947

.....plant disease or noxious weed appears in any village adjoining a notified area, the village officers of such village shall forthwith report the fact to the Collector or such other officer as the28[State] Government may appoint in this behalf. (2) The Collector or such other officer, as the case may be shall on receipt of such report and after making such further inquiry as he may deem necessary forward it to the 28[State] Government with his remarks thereon. SECTION 12A: PUBLIC TO ASSIST AND TO RENDER SERVICE IN CARRYING OUT PREVENTIVE OR REMEDIAL MEASURES INCLUDING DESTRUCTION OF LOCUSTS IN CASE OF LOCUST MENACE (1) When any notified area in which locusts have been declared to be an insect pest under section 3 is invaded or is in danger of an invasion by locusts the Collector or any officer section appointed by him in this behalf may, with a view to facilitating preventive or remedial measures against locusts , by proclamation published in the manner hereinafter specified - (a) call upon all male person not below the age of 14 and above the age of 60 years and residing in the notified area to render all possible assistance in carrying out preventive or remedial measures and.....

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Geneva Convention Act 1960 Schedule II

Title: Second Schedule

State: Central

Year: 1960

.....hospital ships or sick-bays of vessels of the protection due to them:- (Conditions not depriving hospital ships of protection.) (1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their own defence or that of the sick and wounded. (2) The presence on board of apparatus exclusively intended to facilitate navigation or communication. (3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handed to the proper service. (4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the crews extend to the care of wounded, sick or shipwrecked civilians. (5) The transport of equipment and of personnel intended exclusively for medical duties, over and above the normal requirements. CHAPTER IV PERSONNEL Article 36 The religious, medical and hospital personnel or hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship, whether or not there are wounded and sick on board. (Protection of the personnel of.....

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Geneva Convention Act 1960 Schedule III

Title: Third Schedule

State: Central

Year: 1960

.....classes:- (Authorized work) (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. Article 51 Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions. (Working conditions) The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which prisoners are employed, the national legislation.....

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Indian Easements Act, 1882 Chapter 2

Title: The Imposition, Acquisition and Transfer of Easements

State: Central

Year: 1882

.....sale took effect. A is entitled to the light, and B cannot build on the land so as to obstruct such light. (g) A the owner of a house, sells IS a factor)' built on adjoining land, B is entitled, as against A, to pollute the air, when necessary, with smoke and vapours from the factory. (h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. B is entitled to the benefit of all gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the sale took effect, and A is entitled to the benefit of all the gutters and drains common to the two houses and necessary for enjoying Z as it was enjoyed when the sale look effect. (i) A, the owner of two adjoining buildings, sells one to B, retaining the other. B is entitled to a right to lateral support from A's building, and A is entitled to a right to lateral support from B's building. (j) A, the owner of two adjoining buildings, sells one to B and the other to C. C is entitled to lateral support from B's building, and B is entitled to lateral support from C's building. (k) A grants lands to ti for the purpose of building a house thereon. B is entitled to such amount of.....

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