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Mohd. Wasi and anr. Vs. Bachchan Sahib and ors.

Court : Allahabad

Subject : Civil

Acts : Muhammadan Law; Code of Civil Procedure (CPC) , 1908 - Sections 9; Specific Relief Act, 1877 - Sections 42, 52, 54 and 56

Reported in : AIR1955All68

Sunnis who believe in taziadari. Learned counsel has also relied on the provisions of Sections 54 and 56, Specific Relief Act (1877) and has urged that an injunction can be granted or refused in accordance with the provisions of these

Narayan Misra Vs. Surendranath Das and ors.

Court : Orissa

Subject : Trusts and SocietiesProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 1; Orissa Code of Civil Procedure (CPC) (Amendment) Act; Specific Relief Act, 1877 - Sections 56; Specific Relief (Amendment) Act, 1963 - Sections 41; General Clauses Act, 1897 - Sections 8

Reported in : AIR1972Ori115; 37(1971)CLT1052

that no temporary injunction should be granted if it would contravene the provisions of Section 56 of the Specific Relief Act, 1877. The sole point canvassed in the Patna High Court in the case referred to above was that the … be read subject to Section 53 of the Act, which as I said before, has been replaced by Sections 37 and 41 of the new Act respectively. When under the old Act, Section 56 did not debar

Board of Acting Governor of the La Martienere and ors. Vs. National En ...

Court : Kolkata

Subject : ConstitutionContract

Acts : Constitution of India - Article 19 and 19(1); ;Specific Relief Act, 1963 - Sections 21, 41 and 42; ;Specific Relief Act, 1877 - Section 56 and 56(1); ;Kolkata Municipal Corporation Act - Sections 392, 393, 395 and 396; ;Indian Partnership Act, 1932 - Section 2; ;Transfer of Property Act - Section 40; ;Delhi Municipal Corporation Act, 1957 - Section 169

Reported in : 2005(2)CHN207

the covenant in the lease. Therefore, an injunction should not be granted in view of Section 41(h) of Specific Relief Act, 1963 (hereinafter called S.R.A.).17. So the learned Single Judge by refusing injunction on that ground has not committed … Montogomery v. Master Sant Singh, reported in AIR 1940 Lahore 377. The provision of Section 56 of S.R.A. 1877 came up for consideration. Section 41(f) of S.R.A. 1963 is similar to Section 56 of the old Act. … 42 classes and the number of students would be divided into three sections. Therefore, there will be about 60 students in each section.12. The learned

Municipal Board Vs. Bir Singh and ors.

Court : Allahabad

Subject : Commercial

Acts : Evidence Act, 1872 - Sections 110; Uttar Pradesh Municipalities Act, 1916 - Sections 116; Transfer of Property Act, 1882 - Sections 108; Code of Civil Procedure (CPC) , 1908 - Sections 2(2), 11, 47 and 144 - Order 8, Rule 5; Specific Relief Act, 1877 - Sections 56; Code of Civil Procedure (CPC) (Amendment) Act, 1956

Reported in : AIR1965All527

enforce the Order of restitution passed in their favour. (iv) Order of Sub ordinate Court -Section 56 of Specific Relief Act, 1877 - High Court is superior to Civil Court as well as Munsif - though Munsif is not subordinate … dismissed.4. On the basis of this Court's order dated 24-4-1950, the respondents moved an application for restitution under Sections 144 and 151, Civil P. C. The respondents requested the Court for payment of the sum of Rs.

Hashmat HusaIn and ors. Vs. Inayatullah and ors.

Court : Allahabad

Subject : Contract

Acts : Specific Relief Act, 1877 - Sections 56

Reported in : AIR1958All706

Court with costs to thedefendants in all the Courts. Contract - suit against trespasser - Section 56(i) of Specific Relief Act, 1877 - decree for mere injunction not sufficient - appeal allowed. - - It raises an interesting question of … for possession and that injunction was the proper relief. It has further been argued by Mr. Gupta that Section 56 (i) of the Specific Relief Act has got no application to the present suit and that equally

Udyog Mandir Vs. Contessa Knit Wear and ors.

Court : Mumbai

Subject : Trusts and SocietiesProperty

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28; Maharashtra Co-operatives Societies Act, 1961 - Sections 91; Specific Relief Act, 1963 - Sections 41

Reported in : AIR1975Bom158; (1974)76BOMLR735; 1975MhLJ56

any proceeding before a Court which is not subordinate to it. Under Section 56 (b) of the old Specific Relief Act, 1877, the words used were that 'an injunction cannot be granted to stay proceedings in a Court not subordinate … In the statement of claim made by the petitioner-Society before the District Deputy Registrar, Co-operative Societies, Bombay, under Section 91 of the Maharashtra Co-operative Societies Act, 1960, the Society contended that the regulations bound the allotted members

Jwala and anr. Vs. Ram Dutta and ors.

Court : Allahabad

Subject : Property

Acts : Specific Relief Act, 1877 - Sections 56; Easements Act, 1882 - Sections 18; Code of Civil Procedure (CPC) , 1908 - Sections 9; Uttar Pradesh Zamindari Abolition and Land Reforms Act

Reported in : AIR1964All437

above. Parties shall bear their own costs throughout. Property - injunction and possession - Section 56 (i) of Specific Relief Act, 1877 - an injunction suit was filed restraining defendant from interfering with the use of suit land as cremation … dedication or lost grant. The Court below, however, dismissed the suit on the ground that the provisions of Section 56(i) of the Specific Relief Act were attracted and the relief of injunction claimed by the appellants could

Mari Doddatamma Markundi Vs. Santaya Ramkrishna Pai

Court : Mumbai

Subject : PropertyCivil

Reported in : (1922)24BOMLR768

in the Court of the Subordinate Judge of Kumta for restoration of possession, under Section 9 of the Specific Relief Act, 1877. He obtained a decree in his favour, but before he could execute it the respondent instituted the present … affirm the decree of the lower Court and dismiss this appeal with costs. Specific Relief Act (I of 1877), Sections 56(b), 9-Person in possession-Order under Section 9-Suit by person in possession for maintaining his possession.;A person in possession,

Cultor Food Science Inc. Vs. Nicholas Piramal India Ltd. and ors.

Court : Andhra Pradesh

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(4), 2(5), 11, 11(9), 16, 45 and 85; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Indian Contract Act - Sections 19, 28, 29 and 64; Specific Relief Act, 1963 - Sections 27, 37, 38 and 41; Arbitration Act, 1940 - Sections 32 and 33 ; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3 and 45; Uncitral Model Law; Specific Relief Act, 1877 - Sections 56; Indian Companies Act; Constitution of India - Articles 133, 134A and 227

Reported in : 2002(2)ALD149; 2001(6)ALT706

violated, or is threatened to be violated by the defendants, and since Clause I of Section 56 of Specific Relief Act, 1877 (corresponding to Clause I of Section 37 of Specific Relief Act, 1963) lays down that an injunction cannot … of the learned counsel for appellant is that the suit as framed is not maintainable in view of Sections 27, 38, and Clause (h) of Section 41 of the Specific Relief Act, 1963, because an injunction can

Cultor Food Science Inc. Vs. Nicholas Piramal India Limited and ors.

Court : Andhra Pradesh

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(4) and (5), 11, 11(9), 16, 45 and 85; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 19, 28, 29 and 64; Specific Relief Act, 1963 - Sections 27, 37, 38 and 41; Arbitration Act, 1940 - Sections 32 and 33; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3; Specific Relief Act, 1877 - Sections 56; Indian Companies Act; Constitution of India - Articles 133, 134-A and 227

Reported in : 2002(1)ALD154

violated, or is threatened to be violated by the defendants, and since Clause I of Section 56 of Specific Relief Act, 1877 (corresponding to Clause I of Section 37 of Specific Relief Act, 1963) lays down that an injunction cannot … the learned Counsel for the appellant is that the suit as framed is not maintainable in view of Sections 27, 38, and Clause (h) of Section 41 of the Specific Relief Act, 1963, because an injunction can