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Sulochana Uppal Vs. Surinder Sheel Bhakri

Court : Delhi

Subject : ArbitrationContract

Acts : Specific Relief Act, 1963 - Sections 10

Reported in : 42(1990)DLT379; 1990(19)DRJ208; 1990RLR454

alia, the provisions of Section 10 and Section 20 of the Specific Relief Act. Section 10 of the Specific Relief Act, 1963 reads as under:- 'EXCEPT as otherwise provided in this Chapter, the, specific performance of any contract may, in

Sambhaji Laxmanrao Pawar Vs. Abdul Wahed S/O. Rahmatullah

Court : Mumbai

Subject : Property

Acts : Specific Reliefs Act, 1963 - Sections 10 and 20; Code of Civil Procedure (CPC) , 1908 - Order 8, Rules 3, 4 and 5; Specific Reliefs Act, 1963 - Sections 10 and 20; Contract Act, 1872 - Sections 62 and 74

Reported in : 1995(1)BomCR608

with no order as to costs in this Court. Property - agreement to sale - Section 10 of Specific Relief Act, 1963 - agreement executed between vendor appellant and vendee respondent that vendee would pay damages if could not perform

Sri Chandrashekar and ors. Vs. the Tuheed Co-operative Housing Society ...

Court : Karnataka

Subject : CivilProperty

Acts : Karnataka Co-operative Societies Act, 1959; Urban Land (Ceiling and Regulation) Act, 1976; Specific Relief Act, 1963 - Sections 10, 20, 20(2) and 23; Indian Contract Act, 1872 - Sections 23; Karnataka Land Reforms Act, 1961 - Sections 79B and 109; Evidence Act, 1872 - Sections 114; Karnataka Land Reforms (Amendment) Act

Reported in : ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264

Court has not examined the provisions of the statute before granting the relief to the respondent No. 1. Section 10 of the Specific Relief Act, 1963 reads as follows:10. Cases in which specific performance of contract enforceable - … and not for 22 acres only. Property must be identifiable in order to avail the relief under the Specific Relief Act, 1963. To buttress his submissions, Sri Shekar Shetty has relied on the following reported judgments:i) Nahar Singh v. Harnak

K. Narendra Vs. Riviera Apartments (P) Ltd.

Court : Supreme Court of India

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 18, 20 and 21; Delhi Development Act - Sections 9(2); Urban Land Ceiling & Regulation Act, 1976 - Sections 22; Punjab Municipalities Act - Sections 193(2); Limitation Act - Sections 10 & 20; Urban Land Ceiling and Regulation(Repeal) Act, 1999; Indian Contract Act, 1872 - Sections 56;

Reported in : AIR1999SC2309; JT1999(4)SC428; (1999)123PLR32; 1999(4)SCALE22; (1999)5SCC77; [1999]3SCR777; 1999(2)LC1161(SC)

of Rs. 3,25,000 with interest calculated @ 18% p.a. and a decree for compensation.28. Section 20 of the Specific Relief Act, 1963 provides that the jurisdiction to decree specific performance is discretionary and the court is not bound to grant … be ignored with impunity? It would also mean denying the discretion vested in the court by both Sections 10 and 20. As held by a Constitution Bench of this Court in Chand Rani v. Kamal Rani (SCC

Nirmala Anand Vs. Advent Corporation Pvt. Ltd. and ors.

Court : Supreme Court of India

Subject : PropertyContract

Acts : Maharashtra Ownership Flats Act, 1963; Bombay Municipal Corporation Act - Sections 91B and 527; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 20, 20(1), 20(2), 20(3), 20(4), 21 and 23; Specific Relief Act, 1877 - Sections 12, 20, 21 and 22; Maharashtra Apartments Act, 1963; Urban Ceiling Law; Urban Ceiling Act; Indian Contract Act - Sections 31, 32 and 56; Companies Act

Reported in : AIR2002SC2290; 2002(4)ALD3(SC); 2002(4)ALLMR(SC)862; 2002(6)BomCR134; JT2002(Suppl1)SC522; 2003MPLJ285(SC); 2002(4)SCALE601; (2002)5SCC481; 2002(2)LC906(SC)

for the appellant, contended that, having regard to the principles enshrined in Sections 10 and 20 of the Specific Relief Act, 1963 and the law declared by this Court, the relief of specific performance ought to have been granted as … the Specific Relief Act, 1963, to justify the denial of the relief of specific performance and inapplicability of Section 10 and Explanation (i) to the said provision of the said Act. The very many possible impediments considered to

Shree Ram Mills Limited Vs. Kalpataru Construction Overseas Pvt. Ltd. ...

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9 and 37; Companies Act, 1956; Specific Relief Act, 1963 - Sections 10, 14(1), 16, 20 and 36; Code of Civil Procedure (CPC) - Order 34, Rule 1 - Order 40, Rule 1 and 1(1); Development Control Regulations, 1991 - Regulations 35(2) and 58

Reported in : 2006(1)ARBLR229(Bom); 2006(1)BomCR89; (2005)107BOMLR779

the impugned order can be passed as interim measures, two Acts of Parliament become dead letters : the Specific Relief Act, 1963 as well as the Arbitration and Conciliation Act, 1996. It would become futile for parties to go to … 16(c), b) prove that compensation in money is not an adequate relief for denial of specific performance under Section 10(b), c) bypass the bar to relief contained in Section 14(1)(a) proviso (iii), and d) satisfy the judicial conscience

Lt. Col K.C. Bheemaiah Vs. Kakamada A. Kuttappa and ors.

Court : Karnataka

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 10, 14, 22, 22(2) and 23

Reported in : AIR2004Kant224; ILR2003KAR4206; 2004(2)KarLJ349

would be justified in declining specific performance of the agreement of such an agreement.10. Section 10 of the Specific Relief Act, 1963 enumerates cases in which specific performance of contracts is enforceable and inter alia stipulates that specific performance of

i.B.P. Company Ltd. and ors. and Amarnath Singh Vs. Ramashish Prasad S ...

Court : Patna

Subject : Civil

Acts : Special Relief Act; Specific Relief Act, 1963 - Sections 10, 14, 14(1) and 41; Arbitration Act, 1940; Indian Contract Act, 1872 - Sections 2

the learned Advocate of the appellants, I would like to refer Section 10 and Section 14 of the Specific Relief Act, 1963. Section 10 of the Act reads as follows :-Section 10-Cases in which specific performance of contract enforceable.-Except as otherwise provided … the learned Advocate of the appellants, I would like to refer Section 10 and Section 14 of the Specific Relief Act, 1963. Section 10 of the Act reads as follows :Section 10-Cases in which specific performance of contract enforceable. refusal to grant

K.S. Vidyanadam and Others Vs. Vairavan

Court : Supreme Court of India

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 10, 20, 21, 22 and 23; Limitation Act - Schedule - Article 54; Contract Act - Sections 55

Reported in : AIR1997SC1751; 1997(1)CTC628; JT1997(2)SC375; 1997(2)MPLJ84; 1997(1)SCALE739; (1997)3SCC1

has rightly exercised its discretion which should not be interfered with by this Court.7. Section 10 of the Specific Relief Act, 1963 says that 'Except as otherwise provided in this Chapter, the specific performance of any contract may, in the

Manzoor Ahmed Margray Vs. Gulam Hassan Aram and ors.

Court : Supreme Court of India

Subject : Contract Property

Acts : Specific Relief Act, 1977 - Sections 20; Jammu and Kashmir Specific Relief Act, 1963 - Sections 10, 14 and 15; Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act, 1975 - Sections 3; Jammu and Kashmir Agrarian Reforms Act, 1972 - Sections 2(4)

Reported in : AIR2000SC191; JT1999(8)SC34; 1999(6)SCALE350; (1999)7SCC703; [1999]Supp3SCR380

the strong presumption contemplated by the use of the words 'unless and until the contrary is proved' in Section 10 of the Specific Relief Act of 1963. The sufficiency or insufficiency of any evidence to remove such a … or 2/3rd share. For this purpose, he relied upon Sections 14 & 15 of the J & K Specific Relief Act, 1963.(e) Suit land cannot be alienated or transferred in view of the Jammu and Kashmir Agrarian Reforms Act, 1972