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Emani Krishna Rao Vs. Vijaya Chitra Films and ors.

Court : Andhra Pradesh

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 16; Urban Land (Ceiling and Regulation) Act, 1976 - Sections 27; Contract Act, 1872 - Sections 23

Reported in : 2002(6)ALD176

refusing the relief of specific performance. The learned Counsel had drawn my attention to Section 20 of the Specific Relief Act, 1963 in this regard and also had drawn my attention to Prakash Chandra v. Angadlal, : AIR1979SC1241 , Ramesh … of PW1, In the Law of Specific Relief, by me, 3rd Edition, at page 260, while dealing with Section 16(c) of the Specific Relief Act, 1963 I had observed:'Specific performance of a contract cannot be enforced in favour

Prithvi Raj Singh Vs. Dalip Kulkarni and ors.

Court : Rajasthan

Subject : PropertyContract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 96 - Order 2, Rule 2; Specific Relief Act, 1963 - Sections 16 and 20

Reported in : AIR1999Raj201; 1999(2)WLC667

barred being filed beyond the period of limitation. The plaintiff had filed suit for specific performance under the Specific Relief Act, 1963 but he has not stated that he was or is ready to fulfil his part of obligation imposed … his part of obligation imposed under the M.O.U. (Ex. 1) or willing to perform that as required by Section 16C of the Specific Relief Act. According to defendant-respondent No. 1, Clause 6 of M.O.U. (Ex. 1) is … same and, therefore, the suit against them should be dismissed with costs. 16. It was further contended by respondent No. 1 that in view of

Suryadevara Satyanarayana (Died) by L.Rs Vs. Hirachand

Court : Andhra Pradesh

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 16

Reported in : 2003(1)ALD849

The learned Counsel also had drawn my attention to the provisions of Sections 16(b) and 16(c) of the Specific Relief Act, 1963. The learned Counsel also pointed that the contents of the notice and the reply notice relating to the … Before discussing the other aspects of the matter, it may be appropriate to have a look at the Section 16(b) and (c) of the Specific Relief Act, 1963 which read as under:'16. Personal bars to relief--Specific performance of

Avdel Tools and Services, a Partnership Firm Registered Under the Indi ...

Court : Mumbai

Subject : Contract

Acts : Companies Act, 1956; Partnership Act, 1932; Specific Relief Act, 1963 - Sections 16 and 20; Specific Relief Act, 1877; Madhya Bharat Land Revenue and Tenancy Act, 1950 - Sections 70(4); Transfer of Property Act - Sections 4; Contract Act, 1872 - Sections 55; Madhya Pradesh Land Revenue Code, 1959

Reported in : 2008(6)ALLMR611; 2009(1)BomCR746; (2008)110BOMLR3496

this was followed as a law. By the introduction of Section 16(c) of the newly introduced Act, the Specific Relief Act, 1963, it was expected of a plaintiff to make such a statement in the plaint itself. The words `ready

Kamal Rani Vs. Chand Rani and anr.

Court : Delhi

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 16

Reported in : AIR1980Delhi188

sale of immoveable property should be granted or should not be granted are well-settled. Section 16 of the Specific Relief Act, 1963 reads as under : '16. Personal bars to relief. Specific performance of a contract cannot be enforced in

Shri Ram Das Vs. Smt. Ram Rekha

Court : Allahabad

Subject : Contract

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100 - Order 41 Rule 11; Specific Relief Act, 1963 - Sections 16, 16(C) and 20; Urban Land (Ceiling and Regulation) Act, 1976

Reported in : AIR1995All66

Das).5. The learned counsel for the appellant urged that the suit was barred by Section 16(c) of the Specific Relief Act, 1963, in that, urged the learned Counsel, the plaintiff failed to make specific allegations in her plaint that she

Anwarul Haq (Deceased by L. Rs.) Vs. Nizam UddIn (Deceased by L. Rs.) ...

Court : Allahabad

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 16; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 3

Reported in : AIR1984All136

appellants has contended chiefly, however, that there has been no compliance to the mandatory requirement of Section 16(c) Specific Relief Act, 1963 and, therefore, the suit could not be decreed for specific performance. In terms of Section 16(c) specific performance

Mustt. Sabira Khatun Vs. Mustt. Syeda Fatema Khatoon

Court : Guwahati

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 16, 32 and 116; Code of Civil Procedure (CPC) , 1908 - Sections 100(1); Code of Civil Procedure (CPC) (Amendment) Act, 1976

that he was ready and willing to perform his part of the contract and Section 16(c) of the Specific Relief Act, 1963, was a bar for a decree of specific enforcement of the contract in such a case. Mr. Khetri

Suresh Narayan Gulawani and ors. Vs. Smt. Vimalabai

Court : Karnataka

Subject : Contract

Acts : Urban Land (Ceiling and Regulation) Act, 1976; Karnataka Rent Control Act - Sections 211J; Specific Relief Act, 1963 - Sections 16, 20, 22, 27 and 31

Reported in : ILR2005KAR3555

ordering for specific performance, the Lower Appellate Court failed to consider the implication of Section 16 of the Specific Relief Act, 1963 and it ought to have take note of the rise in the price of the urban property. Accordingly,

C.N. Ranganath Vs. M.R. Thyagaraja

Court : Karnataka

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 16; Contract Act, 1872 - Sections 55; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2

Reported in : ILR1996KAR3595; 1996(7)KarLJ712

plaint presented by the Plaintiff both in content and form does not confirm to Section 16(c) of the Specific Relief Act, 1963 and Forms 47 and 48 of the first schedule in the Civil Procedure Code. Reliance is placed by