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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

Abdul Mutalik Rajjak Musalman and ors. Vs. Khubai Majidkha Musalman an ...

Court : Mumbai

Subject : ContractCivil

Acts : Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 - Sections 15(A) and 27; Limitation Act, 1963 - Schedule - Article 54; Specific Relief Act, 1963 - Sections 10, 14(1), 14(3), 20 and 20(2); Code of Civil Procedure (CPC) , 1908 - Order 41, Rules 22 and 33

Reported in : 2005(1)ALLMR593; 2005(5)BomCR823

justified in interfering with the discretionary relief of specific performance granted by the trial Court?'Relevant provisions of the Specific Relief Act, 1963 to the extent applicable may usefully be reproduced hereinbelow for ready reference.'Section 10. Cases in which specific performance … ready reference.'Section 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 … had admitted that Hussain used to be ill and he was ill 8 months prior to his death, lower Appellate Court has arrived at a

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 … entered into an agreement with Smt. Rajni Chabra - the defendant no. 8 in the suit/ respondent no.7 herein on the 31st of January 2005

Mohan Singh and Others Vs. K. Suryanarayana and Others

Court : Andhra Pradesh

Subject : Land Acquisition

aggrieved of any entry made in the revenue record, may institute a suit under Chapter VI of the Specific Relief Act, 1963. 13. Section 8 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, reads as under: … in a register of the names of proprietors of revenue-paying estates, the fee payable shall be fifteen rupees.' 8. According to the learned counsel appearing for the appellants, they did not in fact seek any relief of

UdasIn Panchayati Bara Akhara Kankhal and ors. Vs. Mahant Dooj Dass (D ...

Court : Uttaranchal

Subject : CivilProperty

Acts : Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956 - Sections 2(1), 5, 8, 64, and 82; Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Rules, 1958 - Rule 98; Code of Civil Procedure (CPC) , 1908 - Sections 47, 100, 100(4), 100(5) and 104 - Order 1, Rules 9 and 13 - Order 8, Rule 11 - Order 43, Rule 1; Uttar Pradesh Reorganisation Act, 2000 - Sections 35; Transfer of Property Act, 1882 - Sections 41; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 143, 331, 331A and 333; Evidence Act, 1872 - Sections 81; Limitation Act, 1963 - Articles 59 and 65; Uttar Pradesh Tenancy Act, 1939 - Sections 2(16), 3, 3(7), 3(8), 30(3) and 47(4); Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1957 - Sections 8; Uttar Pradesh Ur

Reported in : 2006(3)AWC2358

question is a non est document.17. A suit for cancellation of sale deed lies under Section 31 of Specific Relief Act, 1963 (47 of 1963), which reads as under:31. When cancellation may be ordered.-(1) Any person against whom a written … thereof, the provisions of Schedule II in so far as they relate to suits, applications or proceedings under Chapter VIII shall not apply to such holding or part thereof.Explanation,-If the cause of action is one in respect of

The Premier Automobiles Ltd. Vs. Kamlekar Shantaram Wadke of Bombay an ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Code of Civil Procedure (CPC) - Sections 9 and 80 - Order 1, Rule 8

Reported in : AIR1975SC2238; [1975(31)FLR195]; 1975LabIC1651; (1975)IILLJ445SC; (1976)1SCC496; [1976]1SCR427; MANU/SC/0369/1975; 1976(1) SCC 486

injunction may also be indicated. Temporary injunction can be granted under Sub-section (1) of Section 37 of the Specific Relief Act, 1963 but a decree for perpetual injunction is made under Sub-section (2). Grant of perpetual injunction is subject to … has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer;' Chapter II provides for the authorities under the Act, namely, for Constitution of the Works Committee, Boards of Conciliation, … to institute the suit in a representative capacity under Order I, Rule 8 of the CPC-hereinafter called the Code-representing the workmen who were members of

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 … amendment of written statement under order 6 Rule 17 of the Code of Civil Procedure was sought on 8.12.2010. However, the said application was rejected by the first appeal Court and also by this Court in the

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

Sri Subramanya Sri Devara Bhandram Vs. Srinivasa Rao

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Specific Relief Act, 1963 - Sections 37, 38 and 41

Reported in : ILR1996KAR1485

it also seems that the attention of the learned Judge was not directed towards Section 41(h) of the Specific Relief Act, 1963 which lays down that an injunction, which is a discretionary equitable relief, cannot be granted when an equally … in cases where obligation arises out of contract. The Court has to be guided by the provisions of Chapter II namely Section 14(1)(a) which provides that no decree for specific performance of contract is to be granted … of H. BEVIS AND COMPANY v. RAM BEHARI, AI R 1951 Allahabad 8, referred to Woodroffe's Law relating to Injunction and quoted the following observations:-'The

Puran Ram Vs. Bhaguram and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Specific Relief Act, 1963 - Sections 26 and 26(4); Code of Civil Procedure (CPC) - Order 6, Rule 17; Constitution of India - Article 227

Reported in : AIR2008SC1906; 2008(3)ALLMR(SC)843; (SCSuppl)2008(3)CHN145; 2008(2)CTC224; [2008(3)JCR26(SC)]; JT2008(4)SC37; 2008(4)KLT233(SC); 2008(4)MhLj1; (2008)4MLJ258(SC); 2008AIRSCW2265; 2008(4)SCC102; 2008(3)CivilLJ384; 2008; (3)ICC172; 2008(2)Supreme166; 2008(2)LH(SC)784; AIR 2008 SC 1960

property is concerned, it would be appropriate to look into the provisions made in Section 26 of the Specific Relief Act, 1963. Chapter 3 of the Specific Relief Act, 1963 specifically deals with rectification of instruments. Section 26 provides as to … the said amendment relates only to the change of a part of the description of the suit property. 8. Keeping the arguments advanced by the learned Counsel for the parties in mind, let us now consider whether