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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 … to the court of Civil Judge, Junior Division. The trial court framed issues about the execution of the valid agreement and specific performance of the same. All the issues were decided in favour of the plaintiff and

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 … in favour of the petitioner and thereafter, it had spent a considerable amount for removing the shrubs and Velikathan trees. 5. The petitioner Company also faced interference at the hands of the Assistant Commissioner of Police, Tharamani

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 employment under the State, we are calledupon to test the constitutional validity of Regulation 5 of the Panjab University Calendar contained in Chapter VII(ii).

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 … Decision :30. 06.2014 M/s Best on Health Ltd. and others …..Appellant (s) Versus M/s Bestech India Pvt. Ltd. …..Respondent(s) II. F.A.O. No.2383 of 2014 M/s

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 … 'Ex.B'.2. Ratanchand Hirachand Doshi was the owner of a fairly large and valuable property comprising land and structures thereon which property was acquired by him

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 … Vineet Kothari, J.1. This is second appeal by the defendant Radhey Shyam son

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 … ..... Plaintiff Mr. Sudhir K. Chandra, Sr. Advocate with Mr. Pradeep K. Bakshi and Mr. Rajat Navet, Advocates. Versus BATA INDIA LTD. Through: ..... Defendant Mr. Raman Kapur, Sr. Advocate with Mr. Aviral Tiwari, Advocate. CORAM :HONBLE

Sujata Sanzgiry Vs. Ankush R. Naik and ors.

Court : Mumbai

Subject : CivilProperty

Acts : Specific Relief Act, 1963 - Sections 19; Specific Relief Act, 1877 - Sections 27; Registration Act, 1887 - Sections 17 and 49; Transfer of Property Act, 1882 - Sections 3 and 53A; Code of Civil Procedure (CPC) , 1908 - Sections 64 - Order 21, Rule 97

Reported in : AIR2005Bom404; 2006(1)ALLMR541; 2006(2)BomCR179; 2006(1)MhLj639

original contract between the appellant and the respondent No. 1, within the meaning of Section 19(b) of the Specific Relief Act, 1963. 8. Section 19(b) of the Specific Relief Act, 1963 reads thus:' 19. Relief against parties and persons claiming … 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 Executing Court allowed the application made by the respondent No. 2 vide impugned order dated 9-10-1997.3. The appellant who is the decree-holder, aggrieved by

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 … by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of

Municipal Corporation of City of Amravati and anr. Vs. Vedant Security ...

Court : Mumbai

Subject : Civil

Acts : Bombay Provincial Municipal Corporation Act, 1949 - Sections 4, 25, 43, 67(3), 73, 74, 74(2) and 451; Specific Relief Act, 1963 - Sections 14, 16 and 41; Punjab Municipal Act, 1911 - Sections 47; Central Provinces and Berar Municipalities Act - Sections 25; Arbitration and Conciliation Act, 1996 - Sections 9; Contract Act - Sections 23; Code of Civil Procedure (CPC) , 1908 - Order 43, Rule 1; Bombay Provincial Municipal Corporation Rules - Rule 5(2); Constitution of India - Articles 166, 166(1) and 227

Reported in : 2005(6)BomCR369

in the alternative has also argued that in view of provisions of Section 41(e) and Section 14(1)(a) of Specific Relief Act, 1963 suit of present nature could not have been filed at all. Section 14 illustrates contracts which are not … does not contain provision for renewal or extension and it expired on 30-4-2004. As per Rule 5(2) of Chapter V to the Schedule of the Act, before entering into any contract for execution of work involving expenditure exceeding