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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 … the foundations upon which the great Magna Carta of England stood. Article 7 of the Universal Declaration of Human Rights States declared. All are equal

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'. Section

Puttegowda @ Ajjegowda Vs. Ramegowda

Court : Karnataka

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 … the Act, particularly of the provisions contained in Chapter VI and Chapter VII, per se reveal the cases where the relief for injunction or claim … 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).

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 … by this Court in the Writ Petition No.4291 of 2011 which was filed to challenge the said order. 7 The learned Counsel submitted that as per the ruling of the Division Bench in The Association of commerce

Kalavathy Vs. A.Pandian

Court : Chennai

Subject : Land Acquisition

a prayer for declaration of title is not maintainable when the title is disputed. Section 34 of the Specific Relief Act, 1963 states that a declaration as such (a blanket declaration) shall not be granted by court in case the … prescribed. In the provisions relating to such reliefs found in the Specific Relief Act, especially in Part III Chapter VII dealing with injunctions, there is no provision which says that no suit for injunction can be maintained … reliefs found in the Specific Relief Act, especially in Part III Chapter VII dealing with injunctions, there is no provision which says that no suit

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 … dated 2nd August, 1999 and 27 th August, 2001 are not relevant for the present purposes.9. Clauses 1, 7, 8 & 9 of the letter dated 14 th January, 2003 of the plaintiff to the defendant were

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 … the trial court, the purchasers filed appeal (S.B. Civil First Appeal No. 7/85) in the High Court of judicature for Rajasthan at Jodhpur. By his

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 … bound to execute a sale deed in favour of Arazi khasra No. 771 measuring 10 Biswa Barani agricultural land situated at village Jahangirpur, Tehsil Nadbai,

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 … time of filing his written statement in October, 2006 would be about 78 years at present. These circumstances have compelled us to address the facts

Deccan Paper Mills Co. Ltd. Vs. Regency Mahavir Properties .

Court : Supreme Court of India

Subject : Arbitration

also, ought not to have been referred to arbitration. She then relied heavily upon section 31 of the Specific Relief Act, 1963 and stated that a reading of the plaint and the prayers in the suit would show that the … and for whom, if in existence, he would be a trustee.35. Effect of declaration.-A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of … agreement. However, it is enough to note that this agreement contained clause 7(m), in which it is stated : “7. The Owner and the Developer