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Radhey Shyam Vs. Brijendra Singh

Court : Rajasthan

Subject : Property

Acts : Code of Civil Procedure (CPC) - Order 22, Rule 4; Specific Relief Act, 1963 - Sections 16 and 19

Reported in : RLW2006(3)Raj2079; 2006(3)WLC252

consideration without notice and, therefore, his case could not fall within the exception of Section 19(b) of the Specific Relief Act, 1963. Section 19 of the Specific Relief Act, 1963 with the heading of'Relief against parties and persons claiming under … against parties and persons claiming under them by subsequent tile' says that 'Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against:(a) either party thereto;(b) any other person claiming under him … challenged the said decree. The first Appellate Court by its judgment dated 11.12.1992 held that plaintiff Brijendra Singh was entitled to specific performance and the

Ramchandra Sheshgiri Kamath Vs. Janardan Vishwanath Hegde

Court : Mumbai

Subject : Tenancy

Acts : Code of Civil Procedure (CPC), 1908 - Sections 11; Presidency Small Cause Courts Act, 1882 - Sections 41, 43, 46, 47 and 49; ;Maharashtra Presidency Small Cause Courts (Amendment) Act, 1963

Reported in : AIR1969Bom111; (1968)70BOMLR376; ILR1969Bom766

the provision contained in O. 21, R, 103 of the Civil Procedure Code and Section 6 of the Specific Relief Act, 1963. Rule 103 saves the right of a party against whom an order under Rules 98, 99 and 101 … barred by principles analogous to res judicata, it would be necessary to draw attention to the provisions of Chapter 7 of the Presidency Small Cause Courts Act, 1882, which is entitled 'Recovery of Possession of Immoveable Property'. … 1. This is an appeal by the plaintiff from the judgment of the

Pee and Dee Lands Holdings Private Limited Vs. The District Revenue Of ...

Court : Chennai

Subject : Land Acquisition

to deny his title to such right, for a declaration of his rights under Chapter VI of the Specific Relief Act, 1963 (Central Act 47 of 1963); and the entry in the patta pass-book shall be amended in accordance with … as illegal, incompetent and without jurisdiction and further confirm the grant of patta in CA.58 of 2012, dated 13.01.2012.) 1. The petitioner/Private Limited Company challenges the proceedings of the first respondent, dated 07.01.2013, in and by which,

Dr. M.C. Sharma, Lecturer Vs. the Punjab University, Chandigarh and Ot ...

Court : Punjab and Haryana

Subject : Constitution

Acts : Constitution of India - Articles 7, 9, 13(1), 14, 15, 15(1, 2, 3 and 4), 16, 16(1, 2, 3, 4 and 5), 17, 18, 19(1), 29, 29(2), 32, 38, 39, 39A, 41, 46, 226, 323, 323(A and B) and 323A(2); Administrative Tribunals Act, 1985 - Sections 3, 4, 14, 15 and 28; Chancery Procedure Act - Sections 50; Specific Relief Act, 1877 - Sections 42; Specific Relief (Amendment) Act, 1963 - Sections 34 and 39; Andhra Pradesh State and Subordinate Service Rules - Rules 11-A, 22A; Constitution First Amendment Act, 1951; Indian Penal Code (IPC), 1860 - Sections 497; Bombay Municipal Boroughs Act, 1925 - Sections 10(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 125 and 497; Punjab Prisons Service (Class II) Rules, 1963; Constitution (42nd) Amendment Act, 1977 - Article 323-A; Industria

Reported in : AIR1997P& H87

Courts have power to grant such a decree independently of the requirements of the Section.'Section 34 of the Specific Relief Act, 1963 replaced Section 42 of the earlier Act and provided,'Any person entitled to any legal Character, or to any … we are calledupon to test the constitutional validity of Regulation 5 of the Panjab University Calendar contained in Chapter VII(ii). The matter has been referred to this Bench vide order of the Division Bench, dated 19-1-1995, which

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 105; Trusts Act, 1882 - Sections 3 and 63; Code of Civil Procedure (CPC) , 1908 - Order 1, Rules 9, 10 and 13 - Order 31, Rule 1; Specific Relief Act, 1963 - Sections 9, 20, 20(2) and 26; Evidence Act, 1872 - Sections 115; Contract Act, 1872 - Sections 2; Limitation Act, 1963 - Sections 3(2) - Schedule - Article 113

Reported in : 1993(2)BomCR329

13. Whether the declaratory relief claimed by plaintiff is barred by the Proviso to section 34 of the Specific Relief Act, 1963? 14. (a) Whether the passage figuring in the suit has to be kept fully open and with out … statute.'46. The authorities relied upon by defendant No. 1 are sought to be countered by the plaintiff citing chapter and verse from statute, commentaries and precedents. Order 31, Rule 1 Civil Procedure Code 1908, permits the beneficiary

Ram Niwas (Dead) Through Lrs. Vs. Smt. Bano and ors.

Court : Supreme Court of India

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 19 and 20(2); Transfer of Property Act - Sections 3

Reported in : AIR2000SC2921; JT2000(8)SC340; (2001)1MLJ33(SC); 2000(II)OLR(SC)446; 2000(5)SCALE363; (2000)6SCC685; [2000]Supp2SCR39; 2000(2)LC1360(SC)

II to Section 3 of the Transfer of Property Act and the provisions of Section 20(2) of the Specific Relief Act, 1963, determine the result of this appeal.2. It will be apt to begin our discussion with Section 19(b) of … terms19. Relief against parties and persons claiming under them by subsequent title- Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against-(a) *** *** ***(b) any other person claiming under him … Syed Shah Mohammed Quadri, J.1. The scope of Section 19(b) of Specific Relief Act read with Explanation II to Section 3 of

Puran Ram Vs. Bhaguram and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Specific Relief Act, 1963 - Sections 26 and 26(4); Code of Civil Procedure (CPC) - Order 6, Rule 17; Constitution of India - Article 227

Reported in : AIR2008SC1906; 2008(3)ALLMR(SC)843; (SCSuppl)2008(3)CHN145; 2008(2)CTC224; [2008(3)JCR26(SC)]; JT2008(4)SC37; 2008(4)KLT233(SC); 2008(4)MhLj1; (2008)4MLJ258(SC); 2008AIRSCW2265; 2008(4)SCC102; 2008(3)CivilLJ384; 2008; (3)ICC172; 2008(2)Supreme166; 2008(2)LH(SC)784; AIR 2008 SC 1960

property is concerned, it would be appropriate to look into the provisions made in Section 26 of the Specific Relief Act, 1963. Chapter 3 of the Specific Relief Act, 1963 specifically deals with rectification of instruments. Section 26 provides as to … order of the Second Additional District Judge, Bikaner allowing the application for amendment of the plaint. 2. On 18th of December, 1997, the plaintiff/appellant had filed a suit for specific performance of a contract to sell relating

Hardeo Rai Vs. Sakuntala Devi and ors.

Court : Supreme Court of India

Subject : Property

Acts : Chota Nagpur Tenancy Act; Specific Relief Act, 1963 - Sections 20

Reported in : AIR2008SC2489; (SCSuppl)2008(3)CHN13; (2008)8MLJ698(SC); 2008(7)SCALE662; 2008AIRSCW3435; AIR2008SC2489; 2008(7)SCC46; 2008(4)LH(SC)2526; 2008(3)ICC602

in a situation of this nature the Court shall exercise its discretionary jurisdiction under Section 20 of the Specific Relief Act, 1963. 31. The agreement was entered into in the year 1978. The suit had been decreed on 7th February, … is held in trust for the joint family members then living and thereafter to be born (See Mitakshara, Chapter I. 1-27). The incidents of co- parcenership under the Mitakshara law are: first, the lineal male descendants of

Titagarh Jute Factory Co. Limited Vs. Sriram Tiwari

Court : Kolkata

Subject : Labour and Industrial

Reported in : (1979)ILLJ495Cal

Court could not grant the relief asked for in view of the provisions of Section 14 of the Specific Relief Act, 1963.5. The learned Munsif held that the suit did not involve any industrial dispute and that the provisions of … If the right which is sought to be enforced is a right created under the Act, such as, Chapter VA then the remedy for its enforcement is either Section 33C or the raising of an industrial dispute, … J.1. This Rule is directed against Order No. 26 dated August 28, 1978 made by the learned Munsif, 4th Court at Sealdah, while disposing of

M/S Kashyap???s Vs. Bata India Ltd.

Court : Delhi

Subject : Land Acquisition

The same nowhere provides for specific performance of the contract. The said subject is dealt with in the Specific Relief Act, 1963, Chapter II whereof deals with specific performance of contracts. Section 10 thereunder prescribes specific performance of the contract, when … Kapur, Sr. Advocate with Mr. Aviral Tiwari, Advocate. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW,J 1.The plaintiff has instituted this suit for mandatory injunction directing the defendant to remove itself and its products and