Bare Act Search Results

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.....

Specific Relief Act 1963 Part III

Title: Preventive Relief

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.....

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.....

Specific Relief Act 1963 Complete Act

Title: Specific Relief Act 1963

State: Central

Year: 1963

.....not as owner, to deliver to persons entitled to immediate possession Chapter II Section9 - Defences respecting suits for relief based on contract Section10 - Cases in which specific performance of contract enforceable Section11 - Cases in which specific performance of contracts connected with trusts enforceable Section12 - Specific performance of part of contract Section13 - Rights of purchaser or lessee against person with no title or imperfect title Section14 - Contracts not specifically enforceable Section15 - Who may obtain specific performance Section16 - Personal bars to relief Section17 - Contract to sell or let property by one who has no title, not specifically enforceable Section18 - Non-enforcement except with variation Section19 - Relief against parties and persons claiming under them by subsequent title Section20 - Discretion as to decreeing specific performance Section21 - Power to award compensation in certain cases Section22 - Power to grant relief for possession, partition, refund of earnest money, etc Section23 - Liquidation of damages not a bar to specific performance Section24 - Bar of suit for compensation for breach after dismissal of.....

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.

The Essential Commodities Act, 1955 Complete Act

State: Punjab

Year: 1955

.....Section 12-B GRANT OF INJUNCTION, ETC., BY CIVIL COURTS. 13 PRESUMPTION AS TO ORDERS. 14 BURDEN OF PROOF IN CERTAIN CASES. 15 PROTECTION OF ACTION TAKEN UNDER ACT. Section 15-A. PROSECUTION OF PUBLIC SERVANT. 16. Repeals and savings." 1 SHORT TITLE AND EXTENT. (1) This Act may be called the Essential Commodities Act, 1955. (2) It extends to the whole of India 1[***]. 2 DEFINITIONS. In this Act, unless the context otherwise requires, - 2[***] 2[3[(ia) "Collector" includes an Additional Collector and such other officer, not below the rank of Sub-Divisional Officer, as may be authorised by the Collector to perform the functions and exercise the powers of the Collector under this Act;]] 4[***] (b) "food-crops" include crops of sugarcane; (c) "notified order" means an order notified in the Official Gazette; 5[(cc) "order" includes a direction issued thereunder;] 6[(d) "State Government," in relation to a Union territory, means the administrator thereof;] 7[(e) "sugar" means" (i) any form of sugar containing more than ninety per cent., of sucrose, including sugar candy; (ii) khandsari sugar or bura sugar or crushed sugar or any sugar in crystalline or powdered form; or (iii).....

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.....

The Madras Limited Proprietors Act, 1911 Complete Act

State: Kerala

Year: 1911

THE MADRAS LIMITED PROPRIETORS ACT, 1911 THE MADRAS LIMITED PROPRIETORS ACT, 1911 [Act No. 4 of 1911 PREAMBLE An act to amend the law relating to Proprietors of Estates WHEREAS it is expedient that certain persons who are not proprietors as defined in the Madras Proprietary Estate's Village-Service Act, 1894, the Madras Hereditary Village-Offices Act, 1895, and the Madras Survey and Boundaries Act, 1897, should be enable to exercise the powers and discharge the duties of proprietors under the said Acts, and whereas it is also expedient to make provision for the recovery of arrears of revenue from such persons; it is hereby enacted as follows:- _______________ Published in Fort St. George Gazette dt. 18-7-1911. -------------------- Section 1 - Short title The Act may be called The madras limited proprietors act, 1911. Section 2 - Repeal The provision to the definition of proprietor in section 4 of the Madras Proprietary Estates' Village-Service Act, 1894, and in section 3 of the Madras Survey and Boundaries Act, 1897, is hereby repealed. Section 3 - Definitions In this Act, unless there be something repugnant in the subject or context 'Estate'.....

Mamlatdars Courts Act 1906 Complete Act

State: Central

Year: 1906

MAMLATDARS COURTS ACT 1906 MAMLATDARS COURTS ACT 1906 SECTION 01: SHORT TITLE (1) This Act may be called the Mamlatdars Courts Act, 1906. (2)It shall extend to the whole of the state of Maharashtra, except the City of Bombay. (3) Commencement in rest of State :"In that part of the State of Bombay to which it is extended by the Mamlatdars Courts Extension) Act, 1957, it shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. SECTION 02: THE MAMLATDARS' COURTS ACT, 1876, IS HEREBY REPEALED SECTION 03: INTERPRETATION In this Act, unless there is any thing repugnant in the subject or context, (aa) "Collector" includes a Deputy Commissioner; (a) the word "Mamlatdar" shall include any Revenue-Officer exercising for the time being the powers of a Mamlatdar, of a Mahalkari, or of a Tahsildar or Naib Tabsildar, and any other person who may be specially authorised by the State Government to exercise the powers of a Mamlatdar under this Act ; and (b) the words "plaintiff" and "defendant" shall include (i) a pleader duly appointed to act on behalf of such plaintiff or defendant; and (ii) the recognized agent of a plaintiff.....

Karnataka Court-fees and Suits Valuation Act, 1958 Chapter IV

Title: Computation of Fee

State: Karnataka

Year: 1958

..... 2. Omitted by Act No. 10 of 2003, w.e.f. 1-4-2003 Previous Reference: (3) In suits in Tahsildar's courts under the Bombay Mamlatdar Courts Act, 1906 (Bombay Act II of 1906), the fee payable shall be one rupee and fifty naye paise. (4) In suits and applications under '[the Bombay Land Revenue Code, 1879 (Bombay Act V of 1879) and under the Hyderabad Land Revenue Act 131F (Hyderabad Act VIII of 1317 Fasli,] the fee payable shall be one Seventy-five naye paise. *. Now see the Karnataka Land Revenue Act, 1964 (Karnataka Act 12 of 1964). Section 44 - Suits relating to public matters In a suit for relief under section 14 of the Religious endowments Act, 1863 (Central Act XX of 1863), or under section 91 or section 92 of the Code of Civil Procedure, 1908 (Central Act V 1908),1[or under Section 50 of the Bombay Public Trusts Act, 1950 (Bombay Act XXIX of 1950)], the fee payable shall be fifty rupees. ____________________ 1. Inserted by Act No. 13 of 1981 w.e.f. 1-1-1976. Section 45 - Interpleader suits (1) In an interpleader suit, fee shall be payable on the plaint at the rates specified in section 47. (2) Where issues are framed as between the claimants, fee.....