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Home Bare Acts Phrase: section 63 of the indian basements act it is sufficient if he asks for removal of the licensee and a permanent injunction against him restraining him from re entering the premisesState Financial Corporations Act, 1951 Section 32
Title : Procedure of District Judge in Respect of Applications Under Section 31
State : Central
Year : 1951
.....from transferring or removing its machinery, plant or equipment. 1[(1A) When the application is for the relief mentioned in Clause (aa) of Sub-section (1) of Section 31, the district judge shall issue a notice calling upon the surety to show cause on a date to be specified in the notice why his liability should not be enforced.] (2) When the application is for the relief mentioned in Clause (b) of Sub-section (1) of Section 31, the district judge shall grant an ad interim injunction restraining the industrial concern from transferring or removing its machinery, plant or equipment and issue a notice calling upon the industrial concern to show cause, on a date to be specified in the notice, why the management of the industrial concern should not be transferred to the Financial Corporation. (3) Before passing any order under Sub-section (1) or Sub-section (2)1[or issuing a notice under Sub-section (1A),] the district judge may, if he thinks fit, examine the officer making the application. 2[(4) At the same time as he passes an order under Sub-section (1), the district judge shall issue to the industrial concern or to the owner of the security attached a notice.....
View Complete Act List Judgments citing this sectionProhibition 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.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 291
Title : Continuance of Nuisance After Injunction to Discontinue
State : Central
Year : 1860
Whoever repeals or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.
View Complete Act List Judgments citing this sectionChild 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.
View Complete Act List Judgments citing this sectionChit Funds Act, 1982 Complete Act
Title : Chit Funds Act, 1982
State : Central
Year : 1982
.....Section3 - Act to override other laws, memorandum, articles, etc. Chapter II Section4 - Prohibition of chits not sanctioned or registered under the Act Section5 - Prohibition of invitation for subscription except under certain conditions Section6 - Form of chit agreement Section7 - Filing of chit agreement Section8 - Minimum capital requirements for the commencement, etc., of a chit, and creation of a reserve fund, by a company Section9 - Commencement of chit Section10 - Copies of chit agreement to be given to subscribers Section11 - Use of the words "chit", "chit fund", " chitty or "kuri" Section12 - Prohibition of transacting business other than chit business by a company Section13 - Aggregate amount of chits Section14 - Utilisation of funds Section15 - Alteration of chit agreement Section16 - Date, time and place of conducting chits Section17 - Minutes of proceedings Section18 - Copies of minutes to be filed with Registrar Section19 - Restriction on opening of new place of business Chapter III Section20 - Security to be given by foreman Section21 - Rights of foreman Section22 - Duties of foreman Section23 - Books, records, etc., to be kept by foreman .....
List Judgments citing this sectionKarnataka 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.
View Complete Act List Judgments citing this sectionSpecific 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.
View Complete Act List Judgments citing this sectionSpecific 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.
View Complete Act List Judgments citing this sectionSpecific 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.....
List Judgments citing this sectionSpecific 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.
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