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Shri Sadashiv Shyama Sawant (Smt. Satyabhama Sadashiv Sawant and ors.) ...

Court : Mumbai

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 6, 9 and 6(1); General Clauses Act - Sections 3

Reported in : (2008)110BOMLR1114; 2008(5)MhLj279

state in brief, the plaintiff-respondent filed Regular Civil Suit No. 11 of 1989 under Section 6 of the Specific Relief Act, 1963 for possession of the suit property on the ground that the contesting defendants had forcibly taken possession of … J.H. Bhatia, J.1. This Revision Application is filed by the original defendant Nos. 1 to 3 and 5 or legal representatives of some of them.2. To state in brief, the plaintiff-respondent filed

Sh. Deep Chand Vs. Sh. Kulanand Lakhera and ors.

Court : Delhi

Subject : Tenancy

Acts : Specific Relief Act, 1963 - Sections 6; Specific Relief Act, 1877 - Sections 9; Land Tenancy Act; Madras Cinemas (Regulation) Act, 1955; Andhra Pradesh Cinemas (Regulation) Act, 1955; Delhi Land Reforms Act, 1954 - Sections 86A; Code of Criminal Procedure (CrPC) - Sections 145, 145(1) and 146(1)

Reported in : 140(2007)DLT765; 2007(95)DRJ683

to the thief and recover the same as per a recognized legal procedure. 18. Section 6 of the Specific Relief Act 1963 is a statutory recognition of possessory suits as distinct from proprietary suits. It reads as under:6. Suit by … by the law; having the qualifications prescribed by law and not contrary to nor forbidden by the law. 10. But law recognizes possession as a substantive right or an interest. Continued possession of a person is recognized

Chunni and anr. Vs. Sullahar and anr.

Court : Allahabad

Subject : ContractCivil

Acts : Specific Relief Act, 1963 - Sections 5, 6 and 41; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 1

Reported in : AIR1972All418

In our opinion this decision does not represent the correct position of law. 4. Section 6 of the Specific Relief Act, 1963 corresponds to Section 9 of the Specific Relief Act, 1877. Sub-section (1) of Section 6 of the Act

Lalbhai Dalpatbhai and Co. Vs. Chittaranjan Chandulal Pandya

Court : Gujarat

Subject : Labour and Industrial

Acts : Specific Relief Act, 1963 - Sections 14(1), 38(2) and 57; Constitution of India - Article 19(1); Contract Act - Sections 27; Specific Relief Act, 1877 - Sections 21 and 44

Reported in : [1965(11)FLR299]

relief by way of injunction depends in India upon statute and is governed by the provision of the Specific Relief Act, 1963. Section 36 of that Act places the grant of an injunction in the discretion of the Court; a discretion … of his appointment by the plaintiffs a fresh graduate from the university. By a letter of appointment dated 16 May, 1962 the plaintiffs appointed the defendant as an assistant engineer on probation for a period of three

M/S. Boots Pharmaceuticals Ltd. Vs. Rajinder Mohindra and anr.

Court : Delhi

Subject : Income Tax

Acts : Foreign Exchange Regulation Act (FERA) - Section 31 (1); Contract Act, 1872.- Section 15; Specific Relief Act. 1963 - Section 16(c); Income Tax Act, 1961 - Section 230 A

prove the readiness and willingness as per Section 16 (c) read with Expl. (i) & (ii) of the Specific Relief Act, 1963.39. In support of his submissions, the learned counsel for the defendants has referred the following decision:i) In Abdul … 1. Whether the Reporters of local papers may be allowed to see the judgment? No2. To be referred to

Mittal Services Vs. Escotel Mobile Communication Ltd.

Court : Delhi

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 14, 14(1), 16, 38, 41 and 42; Arbitration and Conciliation Act, 1996 - Sections 9

Reported in : 2003VAD(Delhi)517; AIR2003Delhi410; 2003(69)DRJ677

the termination is bad. It is pleaded that the suit itself is barred by section 14(1) of the Specific Relief Act, 1963 as the contract between the parties is not specifically enforceable. From its very nature, it is added, the

Moumita Mitra and ors. Vs. Rabindra Nath Basu and ors.

Court : Kolkata

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Section 11; ;Benami Transactions (Prohibitions) Act, 1988 - Sections 2, 2(2), 3, 4, 4(3) and 6; ;Hindu Law; ;Hindu Womens' Right to Property Act, 1937 - Sections 3 and 4; ;Specific Relief Act, 1963 - Section 31(1); ;Transfer of Property Act, 1882 - Section 53

Reported in : (1992)2CALLT434(HC),96CWN941

of defendants Nos. 2 and 3, the suit is hit by the provisions of Section 31 of the Specific Relief Act, 1963. Thus the two relevant registered deeds having not been cancelled under sub-section (2) of Section 31 of the … These properties were purchased in the name of Sarojini, the mother of the plaintiff and the defendant No. 1 Naresh. The plaintiff's case is that the parties descended from a common ancestor, namely, late Kshetra Mahon Basu

Kalidas Mondal Vs. Abdul HosseIn and anr.

Court : Kolkata

Subject : CivilLimitation

Acts : Specific Relief Act, 1877 - Section 9(2); ;Specific Relief Act, 1963 - Section 6, 6(1) and 6(4); ;Limitation Act, 1859 - Section 15; ;Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2

Reported in : (2003)3CALLT253(HC)

the revisional application. He drew my attention to the provisions of Sub-section (4) of Section 6 of the Specific Relief Act, 1963 and argued that although a decree has been passed in Title Suit No. 174 of 1979, but as … S.K. Mukherjee, J.1. This is to consider a revisional application challenging the judgment and order dated December 6, 1995 passed by the learned Additional District Judge, Third Court at Barasat, District -North 24 Parganas in Miscellaneous Appeal

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

141 of the judgment, the court held that such agreement is specifically enforceable under Section 10 of the Specific Relief Act, 1963 inasmuch as the shares in a private limited company would come within the phrase 'not obtainable in the … Modi Rubber Ltd., (hereinafter referred to as 'MRL' for brevity) entered into a Memorandum of Understanding ('MOU') dated 1st July, 1988 with M/s Guardian International Corporation arrayed as respondent before this Court, (hereinafter referred to as 'Guardian').3.

The East India Hotels Ltd. Vs. Syndicate Bank

Court : Mumbai

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 6(1), 6(4), 34, 38 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 47 - Order 7, Rule 7

Reported in : 1997(1)BomCR234

decreed with costs in terms or prayers Clauses (a), (b) and (c) in para 25 of the plaint. Specific Relief Act, 1963 Sections 6(1) and 6(4) - Decree for possession in a suit for possession simplicitor under Section 6(1) -