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Vineet Kumar Vs. Smt. Bhagwan Dei
Allahabad
Sep-02-1977
Arbitration
Arbitration Act, 1940 - Sections 30, 32 and 33; Specific Relief Act, 1963 - Sections 14(2) and 43; Code of Civil Procedure (CPC) , 1908 - Sections 2(18), 12, 122 and 125 - Order 22, Rule 9
AIR1978All312
an amendment in Section 32 of the Arbitration Act which had been effected by Section 43 of the Specific Relief Act, 1963, had not been brought to my notice. It is further contended that attention was not drawn to Section … to have a bearing on the controversy was not brought to my notice. Lastly, reliance is placed on Section 12 C.P.C. to contend that a regular suit was not maintainable after the decision in Misc. Case No. 93
Tag this Judgment! AI Brief & AskK.M. Rajendran Vs. Arul Prakasam and Another
Chennai
Feb-26-1998
ContractProperty
Specific Relief Act, 1963 -- Sections 12(3), 16, 20 and 22(2); Evidence Act, 1872 -- Sections 17, 21, 91 and 92 Proviso (1); Code of Civil Procedure (CPC) -- Sections 151 -- Order 41, Rule 27
AIR1998Mad336; 1998(3)CTC25; (1998)IIMLJ423
be exercised according to settled principles of law and not arbitrarily as adumbrated under Section 20 of the Specific Relief Act, 1963. Under Section 20 of the said Act, the court is not bound to grant the relief just because … above appeal. First respondent herein/plaintiff in that suit filed the same for specific performance of an agreement dated 12.1.1982 and also permanent injunction restraining the first defendant from disposing of the property covered under the agreement either
Tag this Judgment! AI Brief & AskChhatar Singh Vs. Arjun Singh
Rajasthan
May-03-1994
PropertyContract
Specific Relief Act, 1963 - Sections 12(3) and 16(C); Code of Civil Procedure (CPC) , 1908 - Sections 96
AIR1995Raj73; 1994(2)WLC533; 1994(2)WLN9
his argument my attention has been invited to the provisions of subsection (3) of Section 12 of the Specific Relief Act, 1963 (hereinafter called as 'the Act'), which is reproduced hereunder : --'12. Specific performance of part of contract. -
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Shanker Singh Vs. Narinder Singh and ors.
Supreme Court of India
Dec-15-2011
Constitution
Constitution of India - Article 136; Specific Relief Act 1963 - Sections 12, 14, 20
2012(1)KLT19(SN); 2012(1)LW231; 2012(2)SCJ249; 2012(2)MWN(Civil)104
whether the High Court has erred in applying the provisions of Sections 12, 14 and 20 of the Specific Relief Act 1963 (hereinafter referred as `the act' for short), and (b) whether the agreement in question being vague in nature … in respect of valid part of the agreement on payment of the entire sale consideration in terms of Section 12 of Specific Relief Act, 1963.” It was submitted on behalf of the respondents herein that they were entitled
Tag this Judgment! AI Brief & AskBhaurao Shamrao Bhalme and ors. Vs. Mahadeo Raghu Yelekar
Mumbai
Aug-16-1978
Contract
Specific Relief Act, 1963 - Sections 12, 12(3), 20 and 20(1); Code of Civil Procedure (CPC), 1908 - Order 6, Rule 6; Specific Relief Act, 1877 - Sections 22
AIR1979Bom208; (1979)81BOMLR323
the respondent could convey only 1/4th share in the suit field, the provisions of Section 12 of the Specific Relief Act, 1963 would be attracted and specific performance of the agreement to the extent of the respondent's share in the
Tag this Judgment! AI Brief & AskPadmanabhuni Venkata Chalapathi Rao Vs. Sri Raja Kalidindi Kumara Saty ...
Andhra Pradesh
Oct-04-2007
Civil
Specific Relief Act, 1963 - Sections 12; Code of Civil Procedure (CPC) - Order 41, Rule 31
2008(1)ALD604
to be disturbed. While further elaborating his submissions, the learned Counsel pointed out to Section 12 of the Specific Relief Act, 1963 (for short, 'the Act') and would maintain that unless the essentials under Section 12 of the Act are
Tag this Judgment! AI Brief & AskP.C. Varghese Vs. Devaki Amma Balambika Devi and ors.
Supreme Court of India
Oct-07-2005
CivilContract
Specific Relief Act, 1963 - Sections 12, 12(3), 20, 22 and 22(1)
AIR2006SC145; 2005(3)BLJR2425; 101(2006)CLT143(SC); [2006(2)JCR38(SC)]; JT2005(10)SC278; 2005(4)KLT530(SC); 2005(8)SCALE320; (2005)8SCC486
was all along ready and willing to perform his part of contract.Sub-section (3) of Section 12 of the Specific Relief Act, 1963 (for short 'the Act') was enacted with a view to meet such eventualities when the whole of the
Tag this Judgment! AI Brief & AskRachakonda Narayana Vs. Ponthala Parvathamma and anr.
Supreme Court of India
Aug-23-2001
Property
Specific Relief Act, 1963 - Sections 12 (3) and 16; Specific Relief Act, 1877 - Sections 13, 14, 15 and 17
2001VIIAD(SC)61; AIR2001SC3353; JT2001(7)SC63; RLW2002(1)SC15; 2001(5)SCALE413; (2001)8SCC173; MANU/SC/0477/2001
plaintiff did not come with the suit claiming the benefit of sub-section (3) of Section 12 of the Specific Relief Act, 1963 (hereinafter referred to as the Act), and claimed performance of only part of the whole agreement, and, therefore
Tag this Judgment! AI Brief & AskSurinder Singh Vs. Kapoor Singh (Dead) Th. Lrs. and ors.
Supreme Court of India
May-03-2005
ContractProperty
Specific Relief Act, 1963 - Sections 12, 12(2) and 12(3); Specific Relief Act, 1877 - Sections 15
2005(4)ALD106(SC); 2005(5)ALLMR(SC)816; 2005(2)AWC1685(SC); 2005(2)BLJR1316; 2005(5)BomCR605; 100(2005)CLT198(SC); 2005(2)CTC801; JT2005(11)SC8; 2005(3)MhLj747; (2005)5SCC1
dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs. Specific Relief Act, 1963, Section 12 (3) - Specific performance of contract - Claim relinquished under Section 12 (3) (ii) regarding performance of balance
Tag this Judgment! AI Brief & AskKrishnan Vs. Krishnan
Kerala
Jun-26-2003
Contract
Specific Relief Act, 1963 - Sections 12(2) and 12(4)
AIR2004Ker155; 2003(3)KLT166
the Specific Relief Act, 1877. The same has been reproduced with some modification in Section 12 of the Specific Relief Act, 1963. The general rule in Sub-section (1) of Section 12 is that the Court shall not direct the specific
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