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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 … agreement is not binding under MOFA. Suit was filed initially before the Civil Judge, Senior Division but after 4 years suit was transferred to the court of Civil Judge, Junior Division. The trial court framed issues about

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 … sale deed in Document No.10756/2011, dated 07.10.2011, registered on the file of the Joint Sub Registrar-I, Saidapet, Chennai. 4. The petitioner claims that pursuant to the execution of the said sale deed, it also took possession and

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 … of the Deprtment in Sanskrit in the Government College of Girls, Sector 42, Chandigarh on 17-8-1987 where he continued as Head of the Department. He

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 … than teacher.2. Sri G. D. Misra, learned counsel for the respondent No. 4, on the other hand, contended that the civil suit is maintainable and

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 … Maneck. The settlors had placed with the trustees a sum of Rs. 40,000/- and the trustees were authorised to purchase property--movable as also immovable--with the

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 … rejected. The Division Bench of this Court in Rajasthan Breweries Ltd. v. The Stroh Brewery Company AIR 200.Delhi 450 not only upheld the said view but further held that even in the absence of a specific clause

Munisettappa and Others Vs. Krishnappa and Anothers

Court : Karnataka

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 15, 23 and 27 ; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 1 and 3; Indian Contract Act, 1872 - Sections 37; Specific Relief Act, 1877 - Sections 23; Constitution of India - Article 141; Pre-emption Act, 1913 - Sections 15

Reported in : AIR1992Kant375; ILR1992KAR1174; 1992(2)KarLJ189

of S. 15 of the Specific Relief Act, 1963, reads as hereunder :'Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by- (a) any party thereto; (b) the representative in … contended that this view taken by the learned Civil Judge is directly opposed to Section 15(b) of the Specific Relief Act, 1963 and also the law declared by the Supreme Court in the decision reported in the case of Ram … the original contract;' Reference should also be made to Ss. 37 and 40 of the Indian Contract Act which are to the following effect: '37.

Present : Mr.Puneet Bali Sr. Advocate with Vs. M/S Bestech India Pvt. ...

Court : Punjab and Haryana

Subject : Land Acquisition

No.1620 of 2014 and 2 connected cases 23 enforceable by virtue of section 14(1)(a)(b)(c) and (d) of the Specific Relief Act, 1963. Learned senior counsel contends that in any case there cannot be granted any relief of specific performance in … performance of contract enforceable.-“10. Cases in which specific performance of contract enforceable- Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the court, be enforced- (a) When there … integrity of this document FAO No.1620 of 2014 and 2 connected cases 4 fought on rapidly diminishing urban land. There is nothing morally or ethically

Harish Relan Vs. Kaushal Kumari Relan and Others

Court : Delhi

Subject : Land Acquisition

mere declaration of title, omits from doing so. 6. Our attention is firstly drawn to the provisions of Chapter 5 of the Specific Relief Act, 1963 by the parties. Section 31 therein reads as follows : Section … the maintainability of the suit. Learned counsel for the respondents have placed reliance on Section 34 of the Specific Relief Act, 1963 and contended that this statutory provision prohibits the court from making any declaration where the plaintiff being able … referring to the nomenclature as assigned in the suit to the parties. 4. The litigation relates to the property no.N-18, Jangpura Extension, New Delhi (referred

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 … as well as at law', [Snell's Equity - Thirtieth Edition - p. 48]. This principle is embodied in Section 19(b) of the Specific Relief Act.5.