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M/S.Harshal Developers Pvt.Ltd. and Another Vs. Manohar Gopal Bavdekar ...

Court : Mumbai

Subject : Education

be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1963 (XLVII of 1963) or as evidence of part performance of a contract for the purposes of section 53A … admit agreement of sale in the office of Registrar. Suit was decreed on 14.11.2006. Civil Appeal No.159 of 2009 filed by the respondent was dismissed on 15.11.2005. 2 The appellant is a defendant no.1 Promotor and developer

Tej Singh Vs. State of U.P. and ors.

Court : Allahabad

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 8 and 10; Sale of Goods Act, 1930 - Sections 18

Reported in : AIR1981All103

Specific performance of contracts and issue of injunction, perpetual and mandatory, are governed by the provisions of the Specific Relief Act, 1963. Under Section 8 of the Act, a suit for possession and control of a particular article of movable … circumstances under which specific performance of contract is enforceable. It lays down that except as otherwise provided in Chapter II of the Act specific performance of any contract may be enforced in the discretion of the court … On 12-9-1973 he made an application to the Superintending Engineer, defendant No. 2, for purchase of 500 truck load of waste coal ash equivalent to

Principal, Shri Jodha Singh Inter College, Harkoopur, Etawah Vs. Ist A ...

Court : Allahabad

Subject : Service

Acts : Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 39, Rules 2 and 2(2); Specific Relief (Amendment) Act, 1963 - Sections 14 and 34; Uttar Pradesh Intermediate Education Act, 1921 - Sections 16G(4); Uttar Pradesh Intermediate Education Regulation, 1921 - Regulation 31; Uttar Pradesh Public Services Tribunal Act, 1976 - Sections 2 and 6; Specific Relief Act, 1877

Reported in : 1999(1)AWC335

Khatauu v. Atlas Mills. In Hungerford Investment Trust Ltd. v. Haridas Mundhra and others, this Court observed that Specific Relief Act, 1963, is also not an exhaustive enactment and it does not consolidate the whole law on the subject.' As … that even if the suit is not barred by Section 6 of the said Act by reason of Chapter 111 of the Regulation framed under the U. P. intermediate Education Act, 1921, the civil court can assume … the petitioner not being a public servant within the meaning of Section 2, clause (b). Section 6 of the U. P. Public Service Tribunal Act

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 … did not contest the suit, though he appeared as defence witness, DW. 2 before the court prior to his death. It is stated that 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 … (Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records bearing

Crompton Greaves Limited Vs. Hyundai Electronics Industries Co. Limite ...

Court : Delhi

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 38, 41 and 42

Reported in : 1(1999)CLT25; 76(1998)DLT733; 1999(48)DRJ754

provisions of Section 38 and the rules and provisions contained in Chapter II and Section 41 of the Specific Relief Act, 1963. Mr. Oberoi also submitted that since the plaintiff is not entitled to the main reliefs by way of … the plaintiffs against the defendants seeking for a decree for specific performance of the Joint Venture Agreement dated 23.8.1996 and also for a declaration that the letters dated 16.7.1998 and 17.7.1998 written by defendant No. 1 are

P.M. Kelukutty and Others Vs. Young Men's Christian Association, repre ...

Court : Kerala

Subject : Land Acquisition

be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877), or as evidence of any collateral transaction not required to be effected by registered … claim in respect of the financial asset is made within the period of limitation prescribed under the Limitation Act, 1963 (36 of 1963). 20. It will be apparent from a reading of the above provision that once a … sake of convenience, the reference to facts and exhibits is from W.P.(C).No.30016/2015. 2. The petitioners in these writ petitions are tenants in buildings owned by

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 … should be treated alike.' Dicey's Law of the Constitution, (10 Edition page 202) asserted equality before the law as a corollary from his famous doctrine

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

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

cancellation of the sale deed has to be by a Court as contemplated under Section 31 of the Specific Relief Act, 1963. The bye-laws of a society cannot be equated to law, rules or regulations. It is only an agreement … states that contract which ceases to be enforceable by law becomes void when it ceases to be enforceable. Chapter II of the Act deals with contracts, voidable contracts and void agreements. Section 19 of the Act provides … from the said P. Noorulla Bhasha under a registered sale deed dated 22.11.1980 and he was put in possession of the same. Thus, the plaintiff