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

.....or at whose expense such amenities are to be provided; (ix) the prohibitions or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature of buildings designed for particular purposes in the locality; (x) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at which they shall be maintained; (xi) the restrictions regarding the use of any site for purposes other than erection of buildings; and (xii) any other matter which is necessary for the proper development of the zone or any area thereof according to plan and for preventing buildings being erected haphazardly in such zone or area. Section9 Submission of plans to the Central Government for approval (1) In this section and in sections 10, 11, 12 and 14 the word "plan" means the master plan as well as the zonal development plan for a zone. (2) Every plan shall, as soon as may be after its preparation, be submitted by the Authority to the Central Government for approval and that Government may either approve the plan without modifications or with such modifications as it may consider.....

The Orissa Estates Abolition Act, 1951 Complete Act

State: Orissa

Year: 1951

.....Homesteads of Intermediaries and buildings together with lands on which such buildings stand in the possession of intermediaries and used as golas, factories or mills to be retained by them on payment of rent " (1) With effect from the date of vesting, all homesteads comprised in an estate and being in the possession of an Intermediary on the date of such vesting, such buildings or structures together with the lands on which they stand, other than any buildings used primarily as offices or kutcheries or rest houses for estate servants on duty as were in the possession of an Intermediary at the commencement of this Act and used as golas (other than golas used primarily for storing rent in kind) factories or mills for the purpose of trade, manufacture or commerce, or used for storing grains or keeping cattle or implements for the aforesaid purposes before the 1st day of January, 1946, shall notwithstanding anything contained in this Act, be deemed to be settled by the State Government with such Intermediary and with all the share-holders owning the estate, who shall be entitled to retain possession of such homesteads and of such buildings or structures together with the lands on.....

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.....