Bare Act Search Results

Prohibition of Child Marriage Act 2006 Section 13

Title: Power of Court to Issue Injunction Prohibiting Child Marriages

State: Central

Year: 2006

.....the issue of the injunction: Provided that in the case of any urgency, the Court shall have the power to issue an interim injunction without giving any notice under this section. (7) An injunction issued under sub-section (1) may be confirmed or vacated after giving notice and hearing the party against whom the injunction was issued. (8) The Court may either on its own motion or on the application of any person aggrieved, rescind or alter an injunction issued under sub-section (1). (9) Where an application is received under sub-section (1), the Court shall afford the applicant an early opportunity of appearing before it either in person or by an advocate and if the Court, after hearing the applicant rejects the application wholly or in part, it shall record in writing its reasons for so doing. (10) Whoever knowing that an injunction has been issued under sub-section (1) against him disobeys such injunction shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to one lakh rupees or with both: Provided that no woman shall be punishable with imprisonment.

Prohibition of Child Marriage Act 2006 Section 14

Title: Child Marriages in Contravention of Injunction Orders to Be Void

State: Central

Year: 2006

Any child marriage solemnised in contravention of an injunction order issued under section 13. whether interim or final, shall be void ab initio

Child Marriage Restraint Act, 1929 [Repealed] Section 12

Title: Power to Issue Injunction Prohibiting Marriage in Contravention of This Act

State: Central

Year: 1929

.....is received, the court shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the court rejects the application wholly or in part, it shall record in writing its reasons for so doing. (5) Whoever knowing that an injunction has been issued against him under sub­section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both: Provided that no woman shall be punishable with imprisonment.] ________________________ 1. Inserted by Act 19 of 1938, Section 6.

The Suits for Possession and Injunction (Retransfer) Act, 1963 Complete Act

State: Kerala

Year: 1963

THE SUITS FOR POSSESSION AND INJUNCTION (RE-TRANSFER) ACT, 1963 ACT 9 OF 1963[1] THE SUITS FOR POSSESSION AND INJUNCTION (RE-TRANSFER) ACT, 1963 An Act to make provision for the re-transfer of certain suits transferred to the Revenue Divisional Officers in pursuance of section 6-A of the Madras Cultivating Tenants Protection Act, 1955. Preamble.-WHEREAS it is expedient to make provision for the re-transfer of certain suits transferred to the Revenue Divisional Officers in pursuance of section 6A of the Madras Cultivating Tenants Protection Act, 1955 (which has ceased to be in force), to the Courts which transferred the suits; BE it enacted in the Thirteenth Year of the Republic of India as follows:- 1.Short title."This Act may be called the Suits for Possession and Injunction (Re-transfer) Act, 1963. 2.Re-transfer of certain suits for possession of, or injunction in relation to, land.-If any suit transferred to the Revenue Divisional Officer by any Court in pursuance of section 6A of the Madras Cultivating Tenants Protection Act, 1955 (Madras Act XXV of 1955), was pending with the Revenue Divisional Officer on the 27 th day of September, 1958, on which date the said.....

Specific Relief Act 1963 Section 41

Title: Injunction when Refused

State: Central

Year: 1963

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 such restraint is necessary to prevent a multiplicity of proceedings; (b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought; (c) to restrain any person from applying to any legislative body; (d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter; (e) to prevent the breach of a contract the performance of which would not be specifically enforced; (f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance; (g) to prevent a continuing breach in which the plaintiff has acquiesced; (h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust; (i) when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court; (j) when the plaintiff has a no personal interest in the matter.

Code of Civil Procedure, 1908 Section 95

Title: Compensation for Obtaining Arrest, Attachment or Injunction on Insufficientgrounds

State: Central

Year: 1908

.....and the Court may, upon such application, award against the plaintiff by its order such amount,1[not exceeding fifty thousand rupees], as it deems a reasonable compensation to the defendant for the2[expense or injury (including injury to reputation) caused to hi m]: Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction. ( 2 ) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction. _________________ 1. Substituted by Act 46 of 1999, Section 8, for "not exceeding one thousand rupees" (w.e.f. 1-7-2002). 2. Substituted by Act 104 of 1976, section 32, for "expense or injury caused to him" (w.e.f. 1-2-1977).

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.

Specific Relief Act 1963 Section 40

Title: Damages in Lieu Of, or in Addition To, Injunction

State: Central

Year: 1963

(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.

Essential Commodities Act, 1955 Section 12B

Title: Grant of Injunction, Etc., by Civil Courts

State: Central

Year: 1955

1[12B. Grant of injunction, etc., by civil courts No civil court shall grant injunction or make any order for any other relief, against the Central Government or any State Government or a Public officer in respect of any act done or purporting to be done by such Government, or such officer in his official capacity, under this Act or any order made thereunder, until after notice of the application for such injunction or other relief has been given to such Government or officer.] _________________________ 1. Inserted by Act 30 of 1974, section 11 (w.r.e.f. 22-6-1974).

Karnataka Excise Act, 1965(Karnataka) Section 68C

Title: Injunction Not to Be Granted in Respect of Recovery of Excise Dues

State: Karnataka

Year: 1965

(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (Central Act V of 1908) or in any other law for the time being in force, no court shall grant any permanent or temporary injunction or make any interim order restraining any proceeding which is being or about to be taken for,- (i) the recovery of any sum or fee or both levied in consideration of grant or lease of any exclusive or other right under this Act, or the rules made thereunder or any fee, duty or countervailing, duty and including licence fee and litre fee or any other fee levied under this Act or the rules made thereunder; (ii) the grant of any exclusive or other right under section 17. (2) All interim orders issued or made by such court whether in the nature of temporary injunction or otherwise, restraining any proceeding referred to in clauses (i) and (ii) of sub-section (1) which is being or about to be taken shall stand dissolved or vacated, as the case may be.