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Nov 12 1980

Chandra and Co. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-12-1980

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 6 and 6(2); Specific Relief Act, 1877 - Sections 9; Limitation Act, 1859 - Sections 15 and 17; Constitution of India - Article 226;Rajasthan Land Revenue Act, 1956 - Sections 91; Public Premises (Eviction of Unauthorised Occupants) Act, 1956

Reported in : AIR1981Raj217

and to dispossess a person in actual possession without having recourse to a Court. Section 6 of the Specific Relief Act 1963 (Section 9 of the Specific Relief Act, 1877) empowers a person who has been dispossessed without his consent of … Section 9 of the 1877 Act was based on Section 15 of the Limitation Act of 1859. By Section 17 of the Limitation Act of 1859, any 'public property or right' had been expressly kept outside the scope

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Nov 23 1989

M/S. Ansal Properties and Industries Pvt. Ltd. Vs. Dr. Anand Nath and ...

Court : Delhi

Decided on : Nov-23-1989

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 6, Rule 17; Specific Relief Act, 1963 - Sections 19 and 22

Reported in : AIR1990Delhi151

legitimacy of any children.10. Mr. A. K. Jain seeks to call in aid of Section 19(c) of the Specific Relief Act, 1963, for the purpose of saying that the question of widowhood, or question of legitimacy of children of Dr. … ORDER1. This is an application under Order 6, Rule 17 read with Section 151 of the Civil Procedure Code for making certain amendments to the plaint.2. The suit

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Jul 16 2008

Akella Venkata Rama Subrahmanya Sarma Vs. Annangi Sreeramamurti

Court : Andhra Pradesh

Decided on : Jul-16-2008

Subject : PropertyContract

Acts : Specific Relief Act, 1963 - Sections 15, 17 and 22; Tenancy Act; Hindu Law

Reported in : 2008(5)ALD534; 2008(5)ALT369

learned Counsel laid emphasis on Ex.B-1 and Ex.A-2 and also pointed to Sections 17 and 22 of the Specific Relief Act, 1963, and would maintain that this is a case of absence of title and, hence, relief of specific performance … From the evidence available on record, this Court also is satisfied that this is not a case where Section 17 of the Specific Relief Act, 1963 can be made applicable.22. The following under noted are certain of the

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Aug 07 2008

Gail (i) Ltd. Vs. Bal Kishan Agarwal Glass Industries Ltd.

Court : Supreme Court of India

Decided on : Aug-07-2008

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8 and 9; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11; Specific Relief Act, 1963 - Sections 10, 17 and 39

Reported in : 2008(3)ARBLR228(SC); JT2008(9)SC57; 2008(11)SCALE223; (2008)8SCC161; 2008AIRSCW5559

to consider application under Section 17 of the Arbitration and Conciliation Act, 1996 for interim arrangement expeditiously. -- SPECIFIC RELIEF ACT, 1963. Section 39; Contract for supply of gas On expiry of term, suit filed for renewal of contract without condition

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May 07 2004

Surendra Kumar Vs. Amarjeet Singh and ors.

Court : Allahabad

Decided on : May-07-2004

Subject : Property

Acts : Registration Act, 1908 - Sections 17, 17(2) and 49; Transfer of Property Act, 1882 - Sections 4 and 54; Specific Relief Act, 1963 - Sections 14

Reported in : AIR2004All335; 2004(4)AWC3134

No. 2 to 12, was a concluded contract which did not require registration and, was enforceable under the Specific Relief Act, 1963?'10. Heard Sri Pramod Kumar Jain, the learned counsel for the appellant assisted by Sri Gaurav Jain, Advocate and … right to get auction sale registered by making balance payment of sale proceeds is exempt from registration under Section 17(2)(v) of the Registration Act, 1908?(b) Whether on the admitted facts and circumstances of the case and on the

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Oct 04 1985

Tantrik Shikshan Karmachari Gruha Nirman Sahakari Sanstha Through Its ...

Court : Mumbai

Decided on : Oct-04-1985

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 5, 6 and 6(4); Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17

Reported in : 1986(2)BomCR504

changes the very nature of the suit claim. The original suit was filed under section 6 of the Specific Relief Act, 1963 and was simply passed on possessor title and no party had a right to agitate title to the … the nature of the suit and whether the amendment could be allowed or not. Under Order 6, Rule 17 of the Code of Civil Procedure the Court may at any stage of the proceedings allow either party

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Feb 24 1988

Kenchawwa Vs. Amagonda

Court : Karnataka

Decided on : Feb-24-1988

Subject : Contract

Acts : Registration Act, 1908 - Sections 58 and 59; Contract Act, 1872 - Sections 17; Specific Relief Act, 1963 - Sections 33

Reported in : ILR1988KAR1185; 1988(1)KarLJ530

any other law in force.;-- FRADULENT REPRESENTATION AS TO CHARACTER OF DOCUMENT & CONTENTS OF DOCUMENT - Distinction.;(C) SPECIFIC RELIEF ACT, 1963 (Central Act No. 47 of 1963) - Section 33 - Sale transaction void, cancellation of sale deed does … ask for the setting aside of the order.'In this decision also the effect of fraud as defined in Section 17 of the Indian Contract Act did not come up for consideration. Here, the cause of action for the

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Aug 18 2005

Sujata Sanzgiry Vs. Ankush R. Naik and ors.

Court : Mumbai

Decided on : Aug-18-2005

Subject : CivilProperty

Acts : Specific Relief Act, 1963 - Sections 19; Specific Relief Act, 1877 - Sections 27; Registration Act, 1887 - Sections 17 and 49; Transfer of Property Act, 1882 - Sections 3 and 53A; Code of Civil Procedure (CPC) , 1908 - Sections 64 - Order 21, Rule 97

Reported in : AIR2005Bom404; 2006(1)ALLMR541; 2006(2)BomCR179; 2006(1)MhLj639

original contract between the appellant and the respondent No. 1, within the meaning of Section 19(b) of the Specific Relief Act, 1963. 8. Section 19(b) of the Specific Relief Act, 1963 reads thus:' 19. Relief against parties and persons claiming … of the value of Rs. 100 and upwards and enacted in Section 49 that: No document required by Section 17 to be registered shall affect any immovable property comprised therein ...unless it has been registered.' Consequently at the

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Feb 26 1998

K.M. Rajendran Vs. Arul Prakasam and Another

Court : Chennai

Decided on : Feb-26-1998

Subject : ContractProperty

Acts : 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

Reported in : 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 … further stated in para 13 that the first defendant believed the representations reposing confidence in them. In para 17 it is stated that the filing of the present suit is an act of deceit and unconscionable to

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Dec 22 1976

Sheomurat Ram Vs. Smt. Savitri and ors.

Court : Allahabad

Decided on : Dec-22-1976

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 15; Registration Act, 1908 - Sections 17; Transfer of Property Act, 1882 - Sections 54

Reported in : AIR1977All322

promisors before performance, unless a contrary intention appears from the contract.'3. Section 15(a) and (b) of the new Specific Relief Act. 1963. lays down as under:'15. Who may obtain specific performance.-- Except as otherwise provided by this Chapter, the specific … not be said to have any interest in the immoveable property itself. In this view of the matter Section 17 of the Indian Registration Act or the second para of Section 54 of the Transfer of Property Act

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