Bare Act Search Results

Hindu Marriage Act, 1955 Section 16

Title: Legitimacy of Children of Void and Voidable Marriages

State: Central

Year: 1955

.....being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.] _________________________ 1. Substituted by Act 68 of 1976, section 11, for section 16 (w.e.f. 27-5-1976) 2. 27th May, 1976.

Special Marriage Act, 1954 Section 26

Title: Legitimacy of Children of Void and Voidable Marriages

State: Central

Year: 1954

.....of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity. (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 25, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of not his being the legitimate child of his parents.] ________________________ 1. Substituted by Act 68 of 1976, Section 26 for section 26 (w.e.f. 27-5-1976).

Specific Relief Act 1963 Section 33

Title: Power to Require Benefit to Be Restored or Compensation to Be Made when Instrument is Cancelled or is Successfully Resisted as Being Void or Voidable

State: Central

Year: 1963

(1) On adjudging the cancellation of an instrument, the court may require the party to whom such relief is granted, to restore, so far as may be any benefit which he may have received from the other party and to make anycompensation to him which justice may require. (2) Where a defendant successfully resists any suit on the ground-- (a) that the instrument sough to be enforced against him in the suit is voidable, the court may if the defendant hasreceived any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make compensation for it; (b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872, the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be, suchbenefit to that party, to the extent to which he or his estate has benefited thereby.

Indian Contract Act, 1872 Chapter 2

Title: Of Contracts, Voidable Contracts and Void Agreements

State: Central

Year: 1872

.....by his agent1 , with intent to deceive another party thereto or his agent, or to induce him to enter into the contract : (1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true; (2) the active concealment of a fact by one having knowledge or belief of the fact; (3) a promise made without any intention of performing it; (4) any other act fitted to deceive; (5) any such act or omission as the law specially declares to be fraudulent. Explanation.-Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2 , or unless his silence is, in itself, equivalent to speech. Illustrations (a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse's unsoundness. This is not fraud in A. (b) B is A's daughter and has just come of age. Here, the relation between the parties would make it A's duty to tell B if the horse is unsound. (c) B says to A-"If you do not deny it, I shall assume that the horse is sound.".....

Hindu Marriage Act, 1955 Chapter 4

Title: Nullity of Marriage and Divorce

State: Central

Year: 1955

.....Act, the 1978 (2 of 1978)], the consent of such guardian was obtained by force3[or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section (1) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of.....

Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

Specific Relief Act, 1963 Complete Act

State: Central

Year: 1963

.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has a right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lessor in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. SECTION 14: CONTRACTS NOT SPECIFICALLY ENFORCEABLE (1) The following contracts cannot be specifically enforced, namely:- (a) a contract for the non-performance of which compensation in money is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....

Special Marriage Act, 1954 Chapter VI

Title: Nullity of Marriage and Divorce

State: Central

Year: 1954

.....clause (ii), the court shall not grant a decree unless it is satisfied,-- (a) that the petitioner was at the time of the marriage ignorant of the facts alleged; (b) that proceedings were instituted within a year from the date of the marriage; and (c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree: Provided further that in the case specified in clause (iii), the court shall not grant a decree if,-- (a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or (b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered. Section 26 - Legitimacy of children of void and voidable marriages 1[26. Legitimacy of children of void and voidable marriages (1) Notwithstanding that a marriage is null and void under section 24, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether.....

Hindu Marriage Act, 1955 Complete Act

State: Central

Year: 1955

.....Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force12 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent;] or (d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner. (2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage- (a) on the ground specified in clause (c) of sub-section ( 1 ) shall be entertained if- (i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or (ii) the petitioner had, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered; (b) on the ground specified in clause (d) of sub-section (1) shall been entertained unless the court is satisfied- (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such.....

Special Marriage Act, 1954 Complete Act

State: Central

Year: 1954

.....to be the Marriage Officers of the State or any part thereof.] CHAPTER 02: SOLEMNIZATION OF SPECIAL MARRIAGES OBJECTS AND REASONS "Apart from the fact that the provisions of this Act, if passed, will apply to all persons marrying there under irrespective of the religion they may profess, the other changes of importance which have been made in this clause, as compared with section 3 of Act 3 of 1872, are the following, namely :- (a) the addition of a new condition relating to idiocy and lunacy; (b) the raising of the age limit for marriage....; (c) the provision for marriages abroad between citizens of India."- S.O.R.OBJECTS AND REASONS Sub-section (3).- "In cases where a marriage is sought to be solemnized before a Marriage Officer other than the Marriage Officer within whose jurisdiction the parties are permanently residing, it is essential that the notice should be given in the place of permanent residence also, and sub-el. (2) (now sub- sec. (3)) makes provision in this behalf.-J.C.R.OBJECTS AND REASONS Sections 8-,9-and10-.- "The Joint Committee feel that it would not be in the interests of the parties to an intended marriage or in the public interest .that Courts should.....