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The Punjab Restitution of Mortgaged Lands Act, 1938 Complete Act

State: Punjab

Year: 1938

THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 PUNJAB ACT NO. 4 OF 1938 CONTENTS Section Subject 1. Short title, extent and commencement 2. Application of the Act to subsisting mortgage effected prior to 8th June, 1901 3. Definitions 4. Petition for restitution 5. Procedure for dealing with petitions for restitution 6. Petition when to be dismissed. 7. Power of the Collector to declare and enforce orders in favour of mortgagor and to grant compensation to mortgagee in certain case. 8. Effect of order of restitution, when compensation is payable. 9. Power of the Collector to eject mortgagee. 10. Appeals 10A Revision 11. Limitation of appeal. 12. Jurisdiction of Civil Courts barred. 13. Rule-making power. THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 PUNJAB ACT NO. 4 OF 1938 [Received the assent of His Excellency the Governor on the Ist September 1938, and was first published in the PUNJAB GAZETTE.....

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National Green Tribunal Act, 2010 Section 15

Title: Relief, Compensation and Restitution

State: Central

Year: 2010

.....Tribunal may think fit. (2) The relief and compensation and restitution of property and environment referred to in clauses (a), (b) and (c) of sub-section (1) shall be in addition to the relief paid or payable under the Public Liability Insurance Act, 1991(6 of 1991). (3) No application for grant of any compensation or relief or restitution of property or environment under this section shall be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose: Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days. (4) The Tribunal may, having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate heads specified in Schedule II so as to provide compensation or relief to the claimants and for restitution of the damaged property or environment, as it may think fit. (5) Every claimant of the compensation or relief under this Act shall intimate to the.....

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Code of Civil Procedure, 1908 Section 144

Title: Application for Restitution

State: Central

Year: 1908

.....to execute, it, the Court which, if the suit wherein the decree or order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit] (2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could be obtained by application under sub-section (1). ___________________ 1. Inserted by Act 66 of 1956, section 13 (w.e.f. 1-1-1957). 2. Substituted by Act 104 of 1976, section 48(i)(a), for "varied or reversed, the Court of first instance " (w.e.f. 1-2-1977). 3. Substituted by Act 104 of 1976, section 48(i)(b), for "such part therof as has been varied or reversed " (w.e.f. 1-2-1977). 4. Substituted by Act 104 of 1976, section 48(i)(c), for "consequential on such variation or reversal" (w.e.f. 1-2-1977). 5. Inserted by Act 104 of 1976, section 48(ii) (w.e.f. 1-2-1977).

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Parsi Marriage and Divorce Act, 1936 Section 32A

Title: Non-resumption of Cohabitation or Restitution of Conjugal Rights Within One Year in Pursuance of a Decree to Be Ground for Divorce

State: Central

Year: 1936

.....upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or (ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties. (2) No decree for divorce shall be granted under sub-section (1) if the plaintiff has failed or neglected to comply with an order for maintenance passed against him under section 40 of this Act or section 488 of the Code of Criminal Procedure, 1898 (5of 1898) or section 125 of the Code of Criminal Procedure, 1973 (2 of 1974). ________________________ 1. Inserted by the Marriage and Divorce (Amendment) Act, 1988, w.e.f. 15-04-1988.

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Special Marriage Act, 1954 Chapter V

Title: Restitution of Conjugal Rights and Judicial Separation

State: Central

Year: 1954

.....on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly. (2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. ________________________ 1. Substituted by Act 29 of 1970, Section 2, for certain words (w.e.f. 12-8-1970). 2. Substituted by Act 68 of 1976, Section 24 (w.e.f. 27-5-1976).

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Divorce Act, 1869 Chapter 7

Title: Restitution of Conjugal Rights

State: Central

Year: 1869

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife, or husband may apply, by petition to the District Court1[***] for restitution of conjugal rights, and the Court, on being satisfied of the truth of the state­ments made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. _______________________ 1. The words "or the High Court" omitted by Act 51 of 2001, section 18 (w.e.f. 3-10-2001). Section 33 - Answer to petition Nothing shall be pleaded in answer to a petition for restitution of conjugal rights, which would not be ground for a suit for judicial separation or for a decree of nullity of marriage.

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Hindu Marriage Act, 1955 Chapter 3

Title: Restitution of Conjugal Rights and Judicial Separation

State: Central

Year: 1955

.....(w.e.f. 27-5-1976) 3. Sub-section (2) omitted by Act 68 of 1976, section 3 (w.e.f. 27-5-1976) Section 10 - Judicial separation 1[(1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.] (2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. _________________________ 1. Substituted by Act 68 of 1976, section 4, for sub-section (1) (w.e.f. 27-5-1976)

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Hindu Marriage Act, 1955 Section 9

Title: Restitution of Conjugal Rights

State: Central

Year: 1955

1[***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 2[Explanation.-Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 3[***] __________________________ 1. The brackets and figure "(1)" omitted by Act 68 of 1976, section 3 (w.e.f. 27-5-1976) 2. Inserted by Act 68 of 1976, section 3 (w.e.f. 27-5-1976) 3. Sub-section (2) omitted by Act 68 of 1976, section 3 (w.e.f. 27-5-1976)

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Parsi Marriage and Divorce Act, 1936 Section 36

Title: Suit for Restitution of Conjugal Rights

State: Central

Year: 1936

Where a husband shall have deserted or without lawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful cause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have so ceased may sue for the restitution of his or her conjugal rights and the Court, if satisfied of the truth of the allegations contained in the plaint, and that there is no just ground why relief should not be granted, may proceed to decree such restitution of conjugal rights accordingly.

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Special Marriage Act, 1954 Section 22

Title: Restitution of Conjugal Rights

State: Central

Year: 1954

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 1[Explanation.--Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] ________________________ 1. Inserted by Act 68 of 1976, Section 23 (w.e.f. 27-5-1976).

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