Bare Act Search Results

Specific Relief Act 1963 Chapter IV

Title: Rescission of Contracts

State: Central

Year: 1963

.....where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract. Explanation.--In this section "contract", in relation to the territories to which the Transfer of Property Act, 1882, does not extend, means a contract in writing. Section 28 - Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed (1) Where in any suit a decree for specific performance of a contract for the sale or lease of immovableproperty has been made and the purchaser or lessee does not, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor or lessor may apply in the same suit in which the decree is made, to have the contract rescinded and on such application the court may, by order, rescind the contract either so far as regards the party in default or altogether, as the justice of the case may require. (2) Where a contract is rescinded under sub-section (1), the court-- (a) shall direct the purchaser or the lessee, if he has obtained.....

Specific Relief Act 1963 Section 27

Title: When Rescission May Be Adjudged or Refused

State: Central

Year: 1963

.....or impliedly ratified the contract; or (b) where, owing to the change of circumstances which has taken place since the making of the contract (not being due to any act of the defendant himself), the parties cannot be substantially restored to the position in which they stood when the contract was made; or (c) where third parties have, during the subsistence of the contract, acquired rights in good faith without notice and for value; or (d) where only a part of the contract is sought to be rescinded and such part is not severable from the rest of the contract. Explanation.--In this section "contract", in relation to the territories to which the Transfer of Property Act, 1882, does not extend, means a contract in writing.

Karnataka Police Act, 1963 Section 175

Title: Saving in Respect of Rescission of Certain Provisions

State: Karnataka

Year: 1963

Section 175 - Saving in respect of rescission of certain provisions When,-- (i) any rule or order is made under this Act for a limited period, or (ii) any rule or order made under this Act is rescinded, or (iii) any provision of sub-section (1) of section 92 is extended to any local area for a limited period, or (iv) the extension of any provision of sub-section (1) of section 92 to any local area is rescinded, the provisions of section 6 of the1[Karnataka] General Clauses Act, 1899, shall be applicable as if the rule, order or provision in question were a permanent enactment and had been repealed immediately before its expiry or recession, as the case may be. _______________________________ 1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.

Indian Contract Act, 1872 Section 66

Title: Mode of Communicating or Revoking Rescission of Voidable Contract

State: Central

Year: 1872

The rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of a proposal.1 ______________________ 1. See section 3 and 5, supra.

Delhi Agricultural Produce Marketing Regulation Act 1976 Chapter 11

Title: Miscellaneous

State: Central

Year: 1976

.....been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act. (2) Any area or place declared to be a market area or any place or market declared to be a market under the enactment so ceasing to be in force shall, on the commencement of this Act, be deemed to be the market area or market declared under this Act; the Market Committee constituted for the said market area and functioning immediately prior to such commencement shall be deemed, notwithstanding anything contained in this Act, to be the Market Committee constituted under this Act for such market area, and, where it is so declared or notified, also for the agricultural produce specified in the declaration or notification; and all the members of such Market Committee shall be deemed to be members nominated by the Administrator under sub-section (2) of section 9. (3) Any reference to the enactment ceasing to be in force as aforesaid or to any provision thereof or to any officer, authority or person entrusted with any functions thereunder, in any law for the time being in force or in any instrument or.....

Delhi Agricultural Produce Marketing Regulation Act 1976 Section 65

Title: Bye-laws

State: Central

Year: 1976

.....fit and the bye-laws so made shall remain in operation in relation to that Market Committee. (3) (a) Notwithstanding anything contained in this Act or the rules, regulations or bye-laws made thereunder, if the Board considers that an amendment, alteration, rescission or adoption of a new bye-law is necessary or desirable in the interests of a Market Committee, it may, by an order in writing to be served on the Market Committee by registered post, require the Market Committee to make such amendment, alteration, rescission or adoption of new bye-law within such time as may be specified in such order. (b) If the Market Committee fails to make the amendment, alteration or rescission or to adopt the new bye-law within the time specified by the Board in its order under clause (a), the Board may, after giving the Market Committee an opportunity of being heard, register such amendment, alteration, rescission or adoption of such new bye-law, and issue a certified copy thereof to the Market Committee. (c) The Market Committee may, within thirty days from the date of issue of the certified copy referred to in clause (b), appeal against such order to the Administrator. (d) Where.....

Delhi Agricultural Produce Marketing Regulation Act, 1976 Complete Act

State: Delhi

Year: 1976

.....to be followed thereat shall be regulated in accordance with the bye-laws made for the purpose by the Market Committee. Section24 Members to act during vacancy; acts of Market Committee, etc., not to be invalidated by informalities Section - A Market Committee shall have power to act, notwithstanding any vacancy in the membership, or any defect in the constitution thereof; and the proceedings of a Market Committee shall be valid notwithstanding that some person, who was not entitled to be a member, had sat, voted or otherwise taken part in the proceedings of any such Committee. CHAPTER 4 MARKET COMMITTEES POWERS AND DUTIES Section25 Powers and duties of Market Committee Section (1) Subject to the provisions of this Act, it shall be the duty of a Market Committee-- (i) to implement the provisions of this Act and of the rules and bye-laws made thereunder for the market area; (ii) to provide such facilities for marketing of agricultural produce therein as the Board may, from time to time, direct; (iii) to do such other acts as may be required in relation to the superintendence, direction and control of markets, or for regulating marketing of agricultural.....

Bombay Forward Contracts Control Act, 1947 Complete Act

State: Maharashtra

Year: 1947

BOMBAY FORWARD CONTRACTS CONTROL ACT, 1947 BOMBAY FORWARD CONTRACTS CONTROL ACT, 1947 [64 of 1947] ( For Statement of Object and Reasons see Bombay Government Gazette, 1947, Part V, p. 274; for Report of the Select Committee, see ibid., p. 503; for Proceedings in Assembly, see Bombay Legislative Assembly Debates, 1947, Vol. XI; and for Proceedings in Council, see Bombay Legislative Council Debates, 1947, Vol. XIII.) [7th February, 1948] An Act to provide for the regulation and control of forward contracts, for prohibition of options and for certain other purposes in the Province of Bombay. WHEREAS it is expedient to regulate and control forward contracts, to prohibit options and to provide for certain other purposes hereinafter appearing; It is hereby enacted as follows:- 1. Short title, extent and commencement :- (1) This Act may be called the Bombay Forward Contracts Control Act, 1947. (2) This section shall come into force at once. (3) The Provincial Government may by notification in the Official Gazette direct that all the remaining sections other than Sections 4, 5 and 7 shall come into force in the whole of the Province of Bombay or such part.....

Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....the performance of which involves the performance of a continuous duty which the court cannot supervise. (2) Save as provided by the Arbitration Act, 1940, no contract to refer present of future differences to arbitration shall be specifically enforced; but if any person who has made such a contract (other than arbitration agreement to which the provisions of the said Act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit. (3) Notwithstanding anything contained in clause (a) or clause (c) or clause (d) of sub-section (1), the court may enforce specific performance in the following cases:-- (a) where the suit is for the enforcement of a contract,-- (i) to execute a mortgage or furnish any other security for securing the repayment of any loan which the borrower is not willing to repay at once: Provided that where only a part of the loan has been advanced the vender is willing to advance the remaining part of the loan in terms of the contract; or (ii) to take up and pay for any debentures of a company; (b) where the suit is for,-- (i) the execution of a formal deed.....

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.....