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2-11-38
Section 2-11-38 Proceedings for enforcement of provisions of chapter and rules or regulations
promulgated thereunder generally. (a) It shall be the duty of each district attorney to whom
any violation is reported to cause appropriate proceedings to be instituted and prosecuted
in a court of competent jurisdiction without delay. Before the commissioner reports a violation
for such prosecution, an opportunity shall be given the distributor or other affected person
to present his view to the commissioner. (b) The commissioner is hereby authorized to apply
for and the court to grant a temporary restraining order or permanent injunction restraining
any person from violating or continuing to violate any of the provisions of this article or
any rule or regulation promulgated under this article, notwithstanding the existence of other
remedies at law. Said injunction shall be issued without bond. (c) Nothing in this article
shall be construed as requiring the commissioner to report for...
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28-5-4
Section 28-5-4 Bonds of permittees. As a condition precedent to the granting of such permit,
such person, firm or corporation shall file with the Governor a bond payable to the State
of Alabama, in the penal sum of $25,000.00, with surety to be approved by him, conditioned
that such person, firm or corporation will not sell, barter, give away, deliver or remove
any alcohol or liquid or compound containing alcohol or permit to be sold, bartered, given
away, delivered or removed from such industrial alcohol plant any alcohol or liquid or compound
containing alcohol in violation of the laws and regulations of the state and of the United
States and will faithfully observe, keep, perform and be bound by any and all provisions,
restraints and conditions of the laws of the state and of the United States concerning, affecting
or regulating the manufacture, sale, transportation or delivery of alcohol and intoxicating
liquors. This bond shall be renewed annually during the life of the permit...
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34-1-18
Section 34-1-18 Injunctions against unlawful acts. Whenever it appears to the board that any
person has engaged, or is about to engage, in any acts or practices which constitute or will
constitute a violation of Section 34-1-16, the board may in its own name bring action in an
appropriate court for an order enjoining such acts or practices, and upon a showing by the
board that such person has engaged, or is about to engage, in any such acts or practices,
an injunction, restraining order or such other order as may be appropriate may be granted
by such court without bond; and, such proceeding may be maintained regardless of whether proceedings
have been or may be instituted before the board, or whether criminal proceedings have been
or may be instituted. (Acts 1973, No. 997, p. 1510, ยง17.)...
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45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
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6-5-147
Section 6-5-147 Closing place pending final decision - Order. (a) If on the hearing for a preliminary
injunction it shall appear that the person owning, in control, or in charge of the nuisance
so enjoined has received five days' notice of the hearing, then, unless such person shall
show to the satisfaction of the court or judge that the nuisance complained of has been abated,
the court or judge shall issue an order closing the place against its use for any purpose
until final decision shall be entered on the application for a permanent injunction. (b) Such
order shall also continue in effect for such further period the temporary restraining order
provided in Section 6-5-145 if already issued or, if not issued, shall include such an order
restraining for such period the removal or interference with the personal property and contents
located thereat or therein as provided, and such restraining order shall be served and the
inventory of such property shall be made and filed as provided...
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9-17-18
Section 9-17-18 Injunctions - Appeals. In any civil action where the board, in the name of
the state, seeks enforcement of this article or of any rule, regulation or order issued under
this article, as provided in Section 9-17-17 or in any civil action where an interested party
seeks to test the validity of or enjoin the enforcement of this article or any rule, regulation
or order issued under this article as provided in Section 9-17-16, either party shall have
the right of an immediate appeal to the Supreme Court from any judgment or order therein granting
or refusing an injunction, whether temporary restraining order, preliminary injunction or
permanent injunction, or other character of injunctive relief, or from any order granting
or overruling a motion to dissolve such injunction. The manner of presenting any appeal as
provided for in this section shall be governed by the provisions of the rules and laws of
the State of Alabama regulating appeals in injunction proceedings. (Acts...
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17-16-44
Section 17-16-44 Jurisdiction in election contests; appeal. No jurisdiction exists in or shall
be exercised by any judge or court to entertain any proceeding for ascertaining the legality,
conduct, or results of any election, except so far as authority to do so shall be specially
and specifically enumerated and set down by statute; and any injunction, process, or order
from any judge or court, whereby the results of any election are sought to be inquired into,
questioned, or affected, or whereby any certificate of election is sought to be inquired into
or questioned, save as may be specially and specifically enumerated and set down by statute,
shall be null and void and shall not be enforced by any officer or obeyed by any person. If
any judge or other officer hereafter undertakes to fine or in any wise deal with any person
for disobeying any such prohibited injunction, process, or order, such attempt shall be null
and void, and an appeal shall lie forthwith therefrom to the Supreme...
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8-6-9
Section 8-6-9 Registration of securities - Denial, suspension and revocation of registration.
The Securities Commission shall issue an order denying effectiveness to, or suspending or
revoking the effectiveness of, any registration statement in the sale of securities if it
finds that the order is in the public interest and that: (1) The registration statement, as
of its effective date or as of any earlier date in the case of an order denying effectiveness,
is incomplete in any material respect or contains any statement which was, in the light of
the circumstances under which it was made, false or misleading with respect to any material
fact. (2) Any provision of this article or any rule, order, or condition lawfully imposed
under this article has been willfully violated in connection with the offering by: a. Any
person filing the registration statement; b. The issuer, any partner, officer, or director
of the issuer, any person occupying a similar status or performing similar functions,...
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27-12A-9
Section 27-12A-9 Administrative cease and desist authority. Whenever it appears to the commissioner
that any person has engaged in or is about to engage in any act or practice constituting a
violation of any provision of this chapter or any rule or order hereunder, the commissioner
may, in the commissioner's discretion, do either or both of the following: (1) Issue a cease
and desist order, with or without a prior hearing, against the person or persons engaged in
the prohibited activities, directing them to cease and desist from engaging in the act or
practice. (2) Bring an action in any court of competent jurisdiction to enjoin the act or
practice and to enforce compliance with this chapter or any rule or order issued hereunder.
Upon a proper showing, a permanent injunction, temporary restraining order, or writ of mandamus
shall be granted and a receiver or conservator may be appointed for the defendant or the defendant's
assets. In addition, upon a proper showing by the commissioner,...
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8-6-16
Section 8-6-16 Administrative cease and desist authority to commission; injunctive relief;
appointment of receivers or conservators for defendants or defendants' assets; court ordered
rescission, restitution, or disgorgement for violations. Whenever it appears to the Securities
Commission that any person has engaged in or is about to engage in any act or practice constituting
a violation of any provision of this article or any rule or order hereunder, it may, in its
discretion, do either or both of the following: (a) Issue a cease and desist order, with or
without a prior hearing, against the person or persons engaged in the prohibited activities,
directing them to cease and desist from engaging in the act or practice. (b) Bring an action
in its discretion in any court of competent jurisdiction to enjoin the act or practice and
to enforce compliance with this article or any rule or order issued hereunder. Upon a proper
showing, a permanent injunction, temporary restraining order, or...
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