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Sep 28 2016

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

Court : Chennai

Decided on : Sep-28-2016

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 … dispute between the two contending parties and therefore, the writ petition cannot be maintainable and dismissed the same. 6. According to the petitioner, it paid Rs.32 Crores to it's vendors and got the title conveyed in it's

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Aug 12 1998

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

Court : Allahabad

Decided on : Aug-12-1998

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

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Nov 15 1967

Ramchandra Sheshgiri Kamath Vs. Janardan Vishwanath Hegde

Court : Mumbai

Decided on : Nov-15-1967

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'.

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Nov 26 2012

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

Court : Mumbai

Decided on : Nov-26-2012

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 … rejected the case of the defendants and granted the relief of specific performance in favour of the plaintiff. 6 The learned Counsel submitted that Section 4 is binding on the builder/promoter/developer to execute written agreement and not

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Jun 22 1995

Puttegowda @ Ajjegowda Vs. Ramegowda

Court : Karnataka

Decided on : Jun-22-1995

Subject : PropertyContract

Acts : Specific Relief Act, 1963 - Sections 34 and 41; Easements Act, 1882 - Sections 13 and 15

Reported in : ILR1996KAR465; 1996(5)KarLJ306

hereinafter.10. Before I proceed further it will be profitable and beneficial to refer to certain provisions of the Specific Relief Act, 1963. Section 34 of the Specific Relief Act, reads as under:-'34. Any person entitled to any legal character, or … negative direction to the effect that no declaration should be granted in those circumstances. Section 38, contained in Chapter VIII of Part III of the Act, deals with the grant of perpetual injunction. It reads as under:'38(1). … there is something as path beginning from the P.W.D. Road which is 6 feet wide and thereafter it had been reduced and it is 2

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Jun 24 2016

K. Ravichandran Vs. The District Revenue Officer, Ramanathapuram and O ...

Court : Chennai Madurai

Decided on : Jun-24-2016

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 … Group had issued a certificate to that effect. 4.4. When that be the position, the Respondent Nos.4 to 6, approached the Second Respondent by preferring an Appeal against the issuance of patta in favour of the Petitioner

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Oct 12 2004

Syndicate Bank Vs. East India Hotels Ltd.

Court : Mumbai

Decided on : Oct-12-2004

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 6(1) and 6(4); Presidency Small Causes Courts Act, 1882 - Sections 41

Reported in : 2005(1)BomCR514; 2005(2)MhLj363

filed a Suit bearing No. 2735 of 1990 in this Court against the plaintiff under 6 of the Specific Relief Act, 1963 alleging forcible dispossession and sought restoration of possession of the said area. In the said suit both the … Clause (s) of Section 19 uses are 'suits for declaratory decrees,' Suits for declaratory decrees are governed by Chapter VI of the Specific Relief Act, 1963. When declarations can be granted is provided for by section of

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Aug 01 2000

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

Court : Supreme Court of India

Decided on : Aug-01-2000

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 … AIR 1926 Cal 204; Parthasaradhi Iyer v. Subbaraya Gramani AIR 1924 Mad 67 and Mummidi Reddi Papannagari Yella Reddy v. Salla Subbi Reddy and Ors.

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Apr 27 2000

Smt. Krishnabai C. Kadam and Others Vs. Wellworth Developers and Other ...

Court : Mumbai

Decided on : Apr-27-2000

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 16, 29 and 37; Code of Civil Procedure (CPC), 1908 - Orders 6, 7 and 39, Rules 1, 2, 7 and 16; Income Tax Act, 1961; Indian Contract Act, 1872 - Sections 65

Reported in : AIR2001Bom9; 2000(4)ALLMR200; 2000(4)BomCR757; 2000(4)MhLj532

dissolved and the accounts be made etc. 15. Mr. Divan drew my attention to section 29 of the Specific Relief Act, 1963, in this behalf and submitted that a plaintiff who institutes a suit for specific performance may in the … deceased and that the entire arrangement was effected with a view to avoid and defeat the provisions of Chapter XX-C of the Income Tax Act, 1961. It is, therefore, their first submission that the MOU as well … Defendant Nos. 2 to 4 are its partners. Defendant Nos. 5 and 6 are other heirs of the Late Chandrarao Kadam who are proforma defendants.

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May 16 1996

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

Court : Punjab and Haryana

Decided on : May-16-1996

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 filling up the posts, the respondent No. 3 filed S.L.P. No. 612-1613 of1990 before the Hon'ble Supreme Court against the order of the Tribunal

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