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Nov 16 1995

Commissioner of Income-tax, Kanpur Vs. Kamla Town Trust

Court : Supreme Court of India

Decided on : Nov-16-1995

Subject : Direct Taxation

Acts : Specific Relief Act, 1963 - Sections 26 and 31; Income-tax Act, 1922 - Sections 4(3) and 34; Income-tax Act, 1961 - Sections 2(15), 11, 148 and 256(1); Specific Relief Act, 1877 - Sections 31; Industrial Disputes Act, 1947; Trust Act, 1882 - Sections 34; Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913 ;Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913

Reported in : AIR1996SC620; (1996)130CTR(SC)112; [1996]217ITR699(SC); JT1995(8)SC364; 1995(6)SCALE517; (1996)7SCC349; [1995]Supp5SCR300

grant rectification of the Trust Deed is concerned the relevant provision is found in Section 26 of the Specific Relief Act, 1963 which had succeeded the prior Specific Relief Act of 1877. Under the earlier Act an analogous provisions was … provisions of Section 4(3)(i) of the Income-tax Act. 1922 (hereinafter referred to as the '1922 Act'), and under Section 11 read with Section 2(15) of the Income-tax Act, 1961 (hereinafter referred to as the '1961 Act') in so

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Apr 17 2007

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

Court : Delhi

Decided on : Apr-17-2007

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 … a sufficient interest capable of being protected by the possessor, right being founded on mere fact of possession. 11. This concept of law relating to possession has been a source of fertile litigation and if I may

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Oct 09 2009

Ramchandra Dagdu Sonavane (Dead) by L.Rs. and ors. Vs. Vithu Hira Maha ...

Court : Supreme Court of India

Decided on : Oct-09-2009

Subject : PropertyCivil

Acts : Bombay Hereditary Office Act, 1874 - Sections 2, 3, 4, 5, 15, 18, 33 to 35, 64 and 64(3); Bombay Inferior Village Watans Abolition Act, 1958 - Sections 3, 3(1), 5(1) and 9; Bombay Revenue Jurisdiction Act, 1876; Limitation Act - Sections 27; Code of Civil Procedure (CPC) , 1908 - Sections 9, 11 and 100; Specific Relief Act, 1963 - Sections 34; Constitution of India - Article 136

Reported in : AIR2010SC818; 2010(1)BomCR366; JT2009(13)SC338; (2009)8MLJ871(SC); (2009)10SCC273; 2009(10)LC4896(SC):2009AIRSCW7329:2009(6)LHSC3651

the status and legal character of an individual, which falls within the purview of Section 34 of the Specific Relief Act, 1963, and a suit for declaration before a civil court is maintainable. Therefore, the question whether a particular person … Appeal.31. Res-judicata and Code of Civil Procedure:It is well known that the doctrine of res-judicata is codified in Section 11 of the Code of Civil Procedure. Section 11 generally comes into play in relation to civil suits. But

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May 02 2008

State Bank of India and ors. Vs. S.N. Goyal

Court : Supreme Court of India

Decided on : May-02-2008

Subject : Service

Acts : Specific Relief Act, 1963 - Sections 14; Industrial Disputes Act, 1947; State Bank of India Act, 1955 - Sections 43(1); State Bank of India Officers Service Rules - Rules 50(4), 67 and 68(3); Code of Civil Procedure (CPC) - Sections 100 and 152 - Order 11 - Rules 1, 1(1), 1(3), 3, 12 and 15 - Order 20 - Order 42, Rules 1 and 2; Constitution of India - Articles 309 and 311

Reported in : AIR2008SC2594; [2008(117)FLR967]; JT2008(6)SC398; (2008)IIILLJ567SC; 2008(7)SCALE415; (2008)8SCC92; 2009(1)SLJ403(SC); 2008AIRSCW4355; 2008LABIC3514; 2008AIRSCW4355; 2008LABIC3514; 2008-III-LLJ-567; [2008] 7 SCR 631; AIR2008SC259447

amounted to granting specific performance of a contract of personal service which is barred by Section 14 of Specific Relief Act, 1963?(ii) In the absence of a pleading that the order imposing penalty was invalid because the Appointing Authority acted … Theses appeals by special leave are filed by a defendant-employer (State Bank of India) against the judgment dated 11.12.2003 of the Punjab & Haryana High Court in R.S.A. No. 4184 of 2002.2. A charge-sheet dated 28.4.1994 was

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Mar 11 2005

Shanmughasundaram and ors. Vs. Diravia Nadar (Dead) by Lrs. and anr.

Court : Supreme Court of India

Decided on : Mar-11-2005

Subject : TenancyArbitration

Acts : Arbitration Act, 1940 - Sections 20 and 30; Specific Relief Act, 1963 - Sections 12; Code of Civil Procedure (CPC) - Sections 11; Hindu Succession Act

Reported in : AIR2005SC1836; 2005(1)ARBLR401(SC); 2005(3)AWC2942(SC); 2005(2)CTC148; JT2005(3)SC186; (2005)141PLR670; (2005)10SCC728; 2005(1)LC552(SC)

brothers are Incompetent to abide by the award.30. Learned counsel makes a reference to Section 12 of the Specific Relief Act 1963 and submits that arbitration agreement and consequent award should be allowed to be enforced to the extent of … proceeding to canvass the matter again. This principle of res judicata is embodied in relation to suits in section 11 of the Code of Civil Procedure; but even where section 11 does not apply, the principle of res

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Apr 16 2007

Dilip Bafna S/O Sri Mohanlal Bafna Vs. K.S. Vasudeva S/O Sri K. Subba ...

Court : Karnataka

Decided on : Apr-16-2007

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 9, 10, 11, 16, 20, 20(1), 28(1) and 34; Specific Relief Act, 1963 - Sections 20; Contract Act - Sections 23 and 24

Reported in : ILR2007KAR3158; 2007(6)KarLJ554; 2007(3)KCCR1813; 2007(5)AIRKarR236; AIR2007NOC2433

by judicial principles. This is the substantive law of the land as contained in Section 20 off the Specific Relief Act, 1963. Section 28(1)(a) of the Act, expressly provides, that the arbitral tribunal shall decide the dispute submitted to arbitration in … ORDERN. Kumar, J.1. The petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996 for short hereinafter referred to as the 'Arbitration Act' for appointment

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May 09 1986

Hemchand Vs. Karilal

Court : Rajasthan

Decided on : May-09-1986

Subject : PropertyContract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11; Specific Relief Act, 1963 - Sections 22

Reported in : AIR1987Raj117; 1986(2)WLN44

granted by the court, a specific mention of that relief in the decree may not be strictly necessary.;(b) Specific Relief Act, 1963 - Section 22 and Transfer of Proparty Act--Section 55--Relief for specific performance of contract implies relief for possession--Decree … for grant of possession but the trial court did not grant the relief of possession and, therefore, under Section 11 C.P.C. such a relief must be deemed to have been refused. That being so the executing court could

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Jul 10 1980

Suraj Singh and anr. Vs. Sohan Lal and ors.

Court : Allahabad

Decided on : Jul-10-1980

Subject : ContractCivil

Acts : Specific Relief Act, 1963 - Sections 16; Code of Civil Procedure (CPC) , 1908 - Order 20, Rule 4 - Order 41, Rule 31

Reported in : AIR1981All330

be upheld. Sri Rajesh-wari Prasad, learned counsel for the plaintiff-respondent, has countered these submissions.8. Section 16 of the Specific Relief Act, 1963, in so far as it is material, reads thus:'16. Specific terms of a contract cannot be enforced in … are accepted as binding upon the second appellate Court in Girjanandini v. Bijendra Narain Choudhary, (AIR 1967 SC 1124), it was observed by the Supreme Court that 'it is not the duty of the appellate Court when

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Mar 22 2006

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Decided on : Mar-22-2006

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

for respondent No. 1 submitted that the agreement may not be specifically enforced under Section 14 of the Specific Relief Act, 1963 and accordingly, under Section 41(e), no injunction could be granted as prayed for by the appellant. According to … The above appeals were filed from the common final judgment and order dated 19.12.2003 passed in Appeal No. 1109/2003 in Arbitration Petition No. 514/2003 and Appeal No. 1110/2003 in Arbitration Petition No. 514/2003 by the Division Bench

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Oct 27 2005

Smt. Surinder Kaur and ors. Vs. S. Rajdev Singh and ors.

Court : Delhi

Decided on : Oct-27-2005

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) - Sections 151 - Order 7, Rule 11; Specific Relief Act, 1963 - Sections 16; Court Fee Act - Sections 7 and 7(4); Suit Valuation Act - Sections 9; Punjab High Court Rules - Rule 4 and 4(1)

Reported in : 128(2006)DLT460; 2006(86)DRJ80

7 Rule 11 read with Section 151 of the Code of Civil Procedure and Section 16(c) of the Specific Relief Act, 1963 for rejection of the plaint and consequent dismissal of the suit, while is NO. 4475/2005 has been filed

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