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Home Bare Acts Phrase: rescindBombay General Clauses Act, 1904, (Maharashtra) Section 21
Title: Power to Make to Include Power to Add To, Amend, Vary or Rescind, Orders, Etc.
State: Maharashtra
Year: 1904
Where, by any Bombay Act 1[or Maharashtra Act], a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws, so issued. NOTES Provisions of the section apply to administrative order but not to authority exercising judicial functions.-Trustees of Seth Mulrqj Khatau Trust v. Ramjio Govind, 1965 Mah. L. J. 90. Extension of the period of order.-That the power to make an order under section 37(3) of the Bombay Police Act must include a power to add to, amend, vary or rescind such an order.-Bapurao Dhondiba Jagtap v. State, AIR 1956 Bom. 300 : 58 Bom. L. R. 418. Section 5 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 read with sections 14 and 21 of the Bombay General Clauses Act vest enough power in the Director to close an existing market and establish it elsewhere.- Rameshchandra Kachardas Porwal v. State, AIR 1981 SC 1127. In the case of Dunstan Savio Mcness @ Tony (Mr.) & Ors. v. R. H. Mendonca, Commissioner of Police & Ors.,.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 149
Title: Power of Court to Rescind Contract Between Master, Owner or Agent and Seaman or Apprentice
State: Central
Year: 1958
Power Of Courts To Rescind Contracts Where a proceeding is instituted in any court in relation to any dispute between master, owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as such, or instituted for the purpose of this section, the court, if having regard to all the circumstances of the case, it thinks it, just to do so, may rescind any contract between the master, owner or agent and the seaman or apprentice, upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section.
View Complete Act List Judgments citing this sectionIndian Partnership Act, 1932 Section 52
Title: Rights Where Partnership Contract is Rescinded for Fraud or Misrepresentation
State: Central
Year: 1932
Where a contract creating partnership is rescinded on the ground of the fraud or misrepresentation of any of the parties thereto the party entitled to rescind is, without prejudice to any other right, entitled, (a) to a lien on, or a right of retention of, the surplus or the assets of the firm remaining after the debts of the firm have been paid, for any sum paid by him for the purchase of a share in the firm and for any capital contributed by him; (b) to rank as a creditor of the firm in respect of any payment made by him towards the debts of the firm; and (c) to be indemnified by the partner or partners guilty of the fraud or misrepresentation against all the debts of the firm.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 75
Title: Party Rightfully Rescinding Contract Entitled to Compensation
State: Central
Year: 1872
A person who rightfully rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract. Illustration A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and B engages to pay her 100 rupees for each night's performance. On the sixth night, A wilfully absents herself from the theatre, and B, in consequence, rescinds the contract. B is entitled to claim compensation for the damage which he has sustained through the non-fulfilment of the contract.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 54
Title: Sale Not Generally Rescinded by Lien or Stoppage in Transit
State: Central
Year: 1930
(1) Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit. (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re-sell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the re-sale. If such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re-sale. (3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re-sale has been given to the original buyer. (4) Where the seller expressly reserves a right of re-sale in case the buyer should make.....
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 433
Title: Power of Courts to Rescind Contracts Between Owner and Tindal
State: Central
Year: 1958
Where a proceeding is instituted in any court in respect of any dispute between the owner of a sailing vessel and the tindal arising out of or incidental to their, relation as such, or is instituted for the purpose of this section, the court, if having regard to all the circumstances of the case it thinks it just to do so, may rescind any contract between the owner and the tindal upon such terms as the court may think just and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section.
View Complete Act List Judgments citing this sectionForeign Recruitment Act, 1874 Section 5
Title: Power to Rescind or Vary Orders
State: Central
Year: 1874
The Central Government may rescind or vary any order made under this Act in such manner as it thinks fit.
View Complete Act List Judgments citing this sectionGeneral Clauses Act 1897 Section 21
Title: Power to Issue, to Include Power to Add To, Amend, Vary or Rescind Notifications, Orders, Rules or Bye-laws
State: Central
Year: 1897
Where, by any1[Central Act] or Regulations a power to2[issue notifications,] orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any3[notifications,] orders, rules or bye-laws so4[issued]. ________________________ 1. Substituted by A.O. 1937, for "Act of the Governor General in Council". 2. Substituted by Act 1 of 1903, Section 3 and Schedule II, for "make". 3. Inserted by Act 1 of 1903, Section 3 and Schedule II. 4. Substituted by Act 1 of 1903, Section 3 and Schedule II, for "make".
View Complete Act List Judgments citing this sectionManipur Panchayati Raj Act, 1994 Section 102
Title: Power of State Government to Rescind or Suspend Resolution of a Gram Panchayat or Zilla Parishad
State: Central
Year: 1994
(1) The State Government may, within a period of six months, by order in writing, rescind any resolution passed by a Gram Punchayat or a Zilla Parishad, if in its opinion such resolution,-- (a) has not been legally passed; or (b) is in excess, or abuse of the powers conferred by, or under this Act or in rules made thereunder. (2) The State Government shall, before taking any such action under sub-section (i) give the Gram Panchayat or the Zilla Parishad concerned an opportunity for making representation against the proposed order.
View Complete Act List Judgments citing this sectionPresidency-towns Insolvency Act, 1909 Section 65
Title: Power for Court to Rescind Contract
State: Central
Year: 1909
The Court may, on the application of any person who is, as against the official assignee, entitled to the benefit or subject to the burden of a contract made with the insolvent, make an order rescinding the contract on such terms as to payment by or to either party of damages for the non-performance of the contract, or otherwise, as to the Court may seem equitable, and any damages payable under the order to any such person may be proved by him as a debt under the insolvency.
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