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.....

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).....

Prohibition 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.

Representation of the People Act, 1951 Section 116B

Title: Stay of Operation of Order of High Court

State: Central

Year: 1951

(1) An application may be made to the HighCourt for stay of operation of an order made by the High Court under section 98or sections 99 before the expiration of the time allowed for appealing therefromand the High Court may, on sufficient cause being shown and on such terms andconditions as it may think fit, stay the operation of the order; but noapplication for stay shall be made to the High Court after an appeal has beenpreferred to the Supreme Court. (2) Where anappeal has been preferred against an order made under section 98 or section 99,the Supreme Court may, on sufficient cause being shown and on such terms andconditions as it may think fit, stay the operation of the order appealed from. (3) When theoperation of an order is stayed by the High Court or, as the case may be, theSupreme Court, the order shall be deemed never to have taken effect undersubsection (1) of section 107; and a copy of the stay order shall immediately besent by the High Court or, as the case may be, the Supreme Court, to theElection Commission and the Speaker or Chairman, as the case may be, of theHouse of Parliament or of the State Legislature concerned,

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.

Bombay Merged Territories and Areas (Jagirs Abolition) Act, 1953 Complete Act

State: Maharashtra

Year: 1953

.....Indian Limitation Act, 1908, shall apply to the filing of such appeal. SECTION 19: COURT FEES Notwithstanding anything contained in the Court-fees Act, 1870, every appeal made under this Act to the12[Maharashtra Revenue Tribunal shall bear a Court fee stamp of such value as may be prescribed. SECTION 20: FINALITY OF AWARD AND DECISION OF REVENUE TRIBUNAL The award made by the Collector subject to an appeal to the Bombay Revenue Tribunal and the decision of the12[Maharashtra Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court. SECTION 21: INQUIRIES AND PROCEEDINGS TO BE JUDICIAL PROCEEDINGS All inquiries and proceedings before the Collector and the Maharashtra Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code. SECTION 22: AMOUNT OF COMPENSATION TO BE PAYABLE IN TRANSFERABLE BONDS The amount of compensation payable under the provisions of this Act shall be payable in transferable bonds carrying interest at the rate of three per cent, per annum from the date of the issue of such bonds and shall be repayable.....

Income Tax Act, 1961 Section 254

Title: Orders of Appellate Tribunal

State: Central

Year: 1961

.....send a copy of any orders passed under this section to the assessee and to the Commissioner. (4) 6[Save as provided in the National Tax Tribunal Act, 2005] orders passed by the Appellate Tribunal on appeal shall be final. ________________________________ 1. Inserted by the Finance (No. 2) Act, 1998, with effect from 1st October, 1998. 2. Inserted by the Finance Act, 1999, with effect from 1st June, 1999. 3. Inserted by the Finance Act, 2000, with effect from 1st June, 2000. 4. Substituted by the Finance Act, 2007, with effect from 1st June, 2007. Prior to substitution, the provisos as inserted by the Finance Act, 2001, with effect from 1st June, 2001, stood as under: Provided that where an order of stay is made in any proceedings relating to an appeal filed under sub-section (1) of section 253, the Appellate Tribunal shall dispose of the appeal within a period of one hundred and eighty days from the date of such order: Provided further that if such appeal is not so disposed of within the period specified in the first proviso, the stay order shall stand vacated after the expiry of the said period. 5. Substituted by the Finance Act, 2008, with effect from 1st.....

Maharashtra Value Added Tax ,rules Complete Act

State: Maharashtra

Year: 2005

.....a registered dealer means - the total of all taxes payable by him in respect of all his places of business in the State under the Central Sales Tax Act, 1956 and the Act, or as the case may be, the Bombay Sales Tax Act, 1959, after adjustment of the amount of set-off or refund claimed by him, if any under the respective Act. For the purposes of this rule, the expression "previous year" includes the year ending on the 31 st March 2005. Explanation II." For the purposes of this rule, the first six monthly return shall be for the period starting on the appointed day or, as the case may be, 1 st April and ending on the 30 th September. The second six monthly return shall be for the period starting on the 1 st October and ending on the 31 st March. 18. Special provision for first and last return in certain cases and for dealers under the package scheme of incentives. " (1) Where a dealer has become liable to be registered under this Act, the first return to be furnished by him shall be for the period from the appointed day, 1 st April of the year, or as the case may be, from the date of event which makes him liable to pay tax to the end of the quarter containing the date of.....