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Start Free TrialGovernment of India Act, 1858 [Repealed] Section 55
Title: Except for Repelling Invasion, the Revenues of India Not Applicable for Any Military Operation Beyond the Frontiers
State: Central
Year: 1858
Except for preventing or repelling actual Invasion of Her Majesty's Indian Possessions, or under other sudden and urgent Necessity, the Revenues of India shall not, without the Consent of both Houses of Parliament, be applicable to defray the Expenses of any Military Operation carried on beyond the external Frontiers of such Possessions by Her Majesty's Forces charged upon such Revenues.
View Complete Act List Judgments citing this sectionSpecific 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.....
View Complete Act List Judgments citing this sectionSpecific 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.....
View Complete Act List Judgments citing this sectionSpecific 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.
View Complete Act List Judgments citing this sectionGovernment of India Act, 1858 Complete Act
State: Central
Year: 1858
.....the moral and material Progress and Condition of India in each such Presidency. SECTION 54: WHEN ORDER TO COMMENCE HOSTILITIES IS SENT TO INDIA, THE FACT TO BE COMMUNICATED TO PARLIAMENT -When any Order is sent to India directing the actual Commencement of Hostilities by Her Majesty's Forces in India, the Fact of such Order having been sent shall be communicated to both Houses of Parliament within Three Months after the sending of such Order, if Parliament be sitting, unless such Order shall have been in the meantime revoked or suspended, and if Parliament be not sitting at the end of such Three Months, then within One Month after the next Meeting of Parliament. SECTION 55: EXCEPT FOR REPELLING INVASION, THE REVENUES OF INDIA NOT APPLICABLE FOR ANY MILITARY OPERATION BEYOND THE FRONTIERS -Except for preventing or repelling actual Invasion of Her Majesty's Indian Possessions, or under other sudden and urgent Necessity, the Revenues of India shall not, without the Consent of both Houses of Parliament, be applicable to defray the Expenses of any Military Operation carried on beyond the external Frontiers of such Possessions by Her Majesty's Forces charged upon such Revenues. SECTION.....
List Judgments citing this sectionSpecific 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.....
List Judgments citing this sectionBombay 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.....
List Judgments citing this sectionThe Nagaland (Requisition of Porters) Act, 1965 Complete Act
State: Nagaland
Year: 1965
.....of Nagaland of on 5 April, 1995 and published in the Nagaland Gazette extraordinary dated 25th April, 1995) An Act to further amend the Nagaland (Requisition of Porters) Act, 1965 (Act, No. 7 or 1965) It is hereby enacted in the Forty Sixth years of the Republic of India as follows:- 1. Short title, extent and Commencement. (i) This Act may be called the Nagaland (Requisition of Posters) Amendment Act, 1995. (ii) It extends to the whole or Nagaland. (iii) It shall come into force at once. 2. Amendment of section 2 of the Nagaland (Requisition of Porters) Act, 1965: For clause (a) of section 2 the following shall be substituted namely: (a) Emergency includes a situation where under a public servant is unable to deal with a calamity or threatened calamity such as fire, flood, earthquake, violent epidemic or epizootic disease, invasions by animals insects, or vegetables pests, and in generals any circumstance that would endanger the existence or the well-being of the whole or part of the community for want of porters to carry any essential items of equipment and stores and to place not connected by road or rail. Nagaland State Acts
List Judgments citing this sectionThe Freedom of Information Act, 2002 Complete Act
State: Orissa
Year: 2002
.....in relation to an establishment having branches in more than one State. There is no like provision made in relation to such an establishment having factories in different States " Jeewanlal Ltd. v. appellate Authority under the payment of Gratuity Act, AIR 1984 SC 1842. The Central Government and not the State Government is the ˜appropriate government' under Section 2 (a) of the Industrial Disputes Act, in the matter of industrial disputes arising between the management and the workmen of the Regional Provident Fund organisation" Regional Provident Fund Commissioner, Karnataka v. Workmen represented by the General Secretary, Karnataka Provident Fund Employees' Union, AIR 1984 SC 1897. In relation to an industrial dispute raised by workmen of an industry in the Union Territory, the appropriate government would be the Central Government and not the State Government for the purpose of making reference of dispute under Section 10 (1) of the Industrial Disputes Act, 1947"Goa sampling Employees' Association v. General Superintendance Co. of India Pvt. Ltd. AIR 1985 SC 357. Competent authority The word "competent" means duly qualified ; answering all requirements ; having.....
List Judgments citing this sectionGovernment of India Act, 1858 [Repealed] Repealing Act 1
Title: Government of India Act, 1915-1919
State: Central
Year: 1858
.....for commencing hostilities When any order is sent to Indiadirecting the actual commencement of hostilities byHis Majesty's forces inIndia, the fact of the order having been sentshall, unless the order has in themeantime been revoked or suspended, be communicated to both Houses ofParliament within three months after the sending of theorder or, if Parliament is not sitting at the expiration of those threemonths, then within one month after the next meetingof Parliament. 16. [Omitted] [Correspondence by Governor-General with Secretary of State.] Omitted by Part III of Schedule. II of 9 & 10 Geo, 5, Chapter. 101. 17 to 18. Establishment of Secretary of State 17. Establishment of Secretary of State (1) No addition may bemade to establishment of the Secretary of State in Council, nor to the salariesof the persons on that establishment, except by anOrder of HisMajesty in Council, to be laid before both Houses of Par1iamentwithin fourteen days after the making thereof, or, if Parliament is not thensitting, then within fourteen days after the next meetingof Parliament. (2) The rules made byHis Majesty for examinations,certificates, pro bation or other tests.....
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