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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 … respect of termination of service of an employee other than teacher of a recognised school. Regulation 31 of Chapter III of the said Regulation framed under the U. P. Intermediate Education Act, does not specify that a suit

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 … the properties situated at 71/1, L.B.Road, Thiruvanmiyur, Chennai, after getting legal opinion and on scrutinising the title deeds. 3. The petitioner would further aver that the said property stood in the name of one Dr.Kuppusamy Naicker, who

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 … explained and detailed in Articles 14 to 15 as enshrined in Part III of the Constitution. Equality as contemplated under our constitutional system is among

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 … all the witnesses who appeared in support of the plaintiff including PW 3 Sughad Singh, the Sarpanch of the village who is said to have

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 … the trustees were authorised to purchase property--movable as also immovable--with the corpus. 3. Ex.B contains various terms, the important ones being thus : Immediately after

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 … who have been bestowed with the power to make appointment to Class III and Class IV posts have by and large misused and abused 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 … and the plaintiff crediting the defendants account after deducting the minimum commission to which the plaintiff is entitled; iii) the accounts being reconciled/settled periodically; iv) the defendant indemnifying the plaintiff sales tax, provident fund, ESI and other

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 … plaintiff died and the appellants filed an application under Order 22, Rule 3, C.P.C. for being brought on record in place of the deceased-plaintiff. This

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 … Ltd. .....Appellant (s) Versus M/s Best on Health Ltd. and others .....Respondent(s) III. Civil Revision No.2837 of 2014 M/s Bestech India Pvt. Ltd. .....Petitioner (s)

Raman Hosiery Factory, Delhi and ors. Vs. J.K. Synthetics Ltd. and ors ...

Court : Delhi

Subject : Contract

Acts : Code of Civil Procedure (CPC), 1908 - Sections 38 - Order 39, Rule 2; Specific Relief Act, 1963 - Sections 38; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 37; Restrictive Trade Practices Act, 1956 - Sections 20

Reported in : AIR1974Delhi207; [1975]45CompCas374(Delhi)

their manufacturing unit.6. The grant of perpetual injunctions is governed by the provisions in Chapter Viii of the Specific Relief Act, 1963. The grant of temporary injunctions is regulated by the Code of Civil Procedure. Section 38 of the Specific … Joseph,JJ] Custody of child - Welfare of child vis--vis comity of Courts - The minor girl child of 3 1/2 years was brought to India by her mother. The minor girl was a citizen of U.K. being