Bare Act Search Results

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.....

Wakf Act, 1995 Section 74

Title: Deduction of Contribution from Perpetual Annuity Payable to the Wakf

State: Central

Year: 1995

(1) Every authority empowered to disburse any perpetual annuity payable to a wakf under any law relating to the abolition of zamindaries or jagirs, or laying down land ceilings, shall, or receipt of a certificate from the Chief Executive Officer, specifying the amount of contribution payable by the wakf under section 72 which remains unpaid, deduct before making payment of the perpetual annuity to the wakf, the amount specified in such certificate and remit the amount so deducted to the Chief Executive Officer. (2) Every amount remitted under sub-section (1) to the Chief Executive Officer shall be deemed to be a payment made by the wakf and shall, to the extent of the amount so remitted, operate as a full discharge of the liability of such authority with regard to the payment of the perpetual annuity.

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.

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.

Pensions Act, 1871 Section 7

Title: Pensions for Lands Held Under Grants of Perpetuity

State: Central

Year: 1871

Nothing in Sections 4 and 6 applies to-- (1) any inam of the class referred to in section 1 of the Madras Act No. IV of 1862. (2) Pensions heretofore granted by Government in the territories respectively subject to the Lieutenant-Governors of Bengal and the North-Western Provinces, either wholly or in part as an indemnity for loss sustained by the resumption by a Native Government of lands held under sanads purporting to confer a right in perpetuity. Such pensions shall not be liable to resumption on the death of the recipient, but every such pensions shall be capable of alienation and descent, and may be sued for and recovered in the same manner as any other property.

Official Trustees Act, 1913 Section 6

Title: Official Trustee to Be Corporation Sole, to Have Perpetual Succession and Official Seal, and to Sue and Be Sued in His Corporate Name

State: Central

Year: 1913

The Official Trustee shall be a corporation sole by the name of the Official Trustee of the { Subs by the A O; 1950 for " Division " which had been subs.by the A.O.1937 for "Presidency}[ State] for which he is appointed and, as such Official Trustee shall, have perpetual succession and an official seal, and may sue and be sued in his corporate name.

Bhilsa Ramlila Fair Act, 1956, (Maharashtra) Section 6

Title: Bhilsa Ramlila Fair Committee to Have a Perpetual Succession and a Common Seal

State: Maharashtra

Year: 1956

The Bhilsa Ramlila Fair Committee shall have a perpetual succession and a common seal and shall sue and be sued by the same name.

Delhi Development Act, 1957 Complete Act

State: Delhi

Year: 1957

.....to do anything necessary or expedient for purposes of such development and for purposes incidental thereto: Provided that save as provided in this Act, nothing contained in this Act shall be construed as authorising the disregard by the Authority of any law for the time being in force. CHAPTER 3 Master Plan and Zonal Development Plans Section7 Civic survey of, and master plan for Delhi (1)The Authority shall, as soon as may be, carry out a civic survey of, and prepare a master plan for, Delhi. (2) The master plan shall (a) define the various zones into which Delhi may be divided for the purposes of development and indicate the manner in which the land in each zone is proposed to be used (whether by the carrying out thereon of development or otherwise) and the stages by which any such development shall be carried out; and (b) serve as a basic pattern of framework within which the zonal development plans of the various zones may be prepared. [(3) The master plan may provide for any other matter which is necessary for the proper development of Delhi.] Section8 Zonal developmental plans (1) Simultaneously with the preparation of the master plan or as soon as may.....

The Orissa Estates Abolition Act, 1951 Complete Act

State: Orissa

Year: 1951

.....minor or of unsound mind or an idiot, his guardian, Committee or other legal curator shall be deemed to be an Intermediary for the purposes of this Act. All acts done by an Intermediary under this Act shall be deemed to have been done by his heirs and successors-in-interest and shall be binding on them]; 2[(hh) ˜Intermediary interest' means an estate or any rights or interest therein held or owned by or vested in an Intermediary and any reference to ˜estate' in this Act shall be construed as including a reference to ˜Intermediary Interest' also]; (i) "Homestead" means a dwelling house used by the Intermediary for the purposes of his own residence or for the purposes of letting out on rent together with any Courtyard, compound, garden, orchard and out-buildings attached thereto and includes any tank, library and place of worship appertaining to such dwelling house but does not include any building comprised in such estate and used primarily as office or kutchery for the administration of the estate on and from the 1st day of January, 1946. (j) "Khas possession" used with reference to the possession of an Intermediary of any land used for agricultural or.....

Specific 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.....