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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

Syed Quadri Vs. Syed Mujeebuddin

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Specific Relief Act, 1963 - Sections 12(2), 12(2)(II), 12(3), 12(3)(II), 18 and 20; Contract Act - Sections 55; Code of Civil Procedure (CPC) - Sections 151 - Order 6, Rule 17 - Order 41, Rule 27

Reported in : 2009(5)ALT502

is not permissible. The case of non-enforcement except with variation is statutorily covered by Section 18 of the Specific Relief Act, 1963. When the defendant sets up a variation then the plaintiff may have the contract specifically performed subject to

Rajshree Sugars and Chemicals Limited Rep. by Its Director and Chief O ...

Court : Chennai

Subject : CommercialContract

Acts : Contract Act, 1872 - Sections 23, 24, 30 and 31; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 17, 18 and 19(6) to 19(11); Specific Relief Act, 1963 - Sections 3, 37 and 41; Banking Regulation Act, 1949 - Sections 6(1), 6(2) and 35A; Specific Relief Act, 1887 - Sections 41 and 56; SARFAESI Act; Gaming Act, 1845 - Sections 18; Gaming (Amendment) Act, 1892; Bombay Forward Contracts Control Act; Forward Contracts (Regulation) Act, 1952; Securities Contracts (Regulation) Act, 1956 - Sections 2 and 18A; Reserve Bank of India Act, 1934; Foreign Exchange Regulation Act, 1973 - Sections 73(3); Foreign Exchange Management Act, 1999 - Sections 47(2); Reserve Bank of India (Amendment) Act, 2006 - Sections 45U, 45V, 45V(1), 45V(2), 45W and 45X; Civil Proc

Reported in : 2008BusLR908; 2009(1)CTC227; (2008)8MLJ261

no injunctive relief of the nature prayed for, can be granted in view of Section 41(b) of the Specific Relief Act, 1963; (c) that the transactions in derivatives, have the sanction of law and hence not hit either by Section … for the defendant-Bank contended -(a) that the suit itself is not maintainable in view of the provisions of Section 18 of The Recovery of Debts Due to Banks and Financial Institutions Act, 1993; (b) that no injunctive relief

Muthabathula Arjayya Vs. Rambala Venkata Surya Gopala Krishanamurthy a ...

Court : Andhra Pradesh

Subject : PropertyContract

Acts : Madras Hereditary Village Offices Act, 1895 - Sections 5; Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 - Sections 3 and 15; Transfer of Property Act, 1882 - Sections 6, 23 and 53-A; Specific Relief Act, 1963 - Sections 13; Specific Relief Act, 1877 - Sections 18

Reported in : AIR1974AP240

into Ryotwari) Act, 1956, Sections 6, 23 and 53-A of Transfer of Property Act, 1882, Section 13 of Specific Relief Act, 1963 and Section 18 of Specific Relief Act, 1877 - suit filed for specific performance of agreement entered between

Tej Singh Vs. State of U.P. and ors.

Court : Allahabad

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 8 and 10; Sale of Goods Act, 1930 - Sections 18

Reported in : AIR1981All103

Section 58 of the Sale of Goods Act is subject to the provisions of Chapter II of the Specific Relief Act, 1963. Section 22 of the Specific Relief Act clearly lays down that a plaintiff may ask for any other relief … coal ash was to be supplied to the appellant which was to be discharged by the Power House. Section 18 of the Sale of Goods Act, 1930, provides that where there is a contract for the sale of

Kirpal Singh Vs. Mst. Kartaro and ors.

Court : Rajasthan

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 10, 16, 20 and 23; Code of Civil Procedure (CPC) , 1908 - Order 8, Rules 3 and 5; Rajasthan High Court Ordinance, 1949 - Sections 18; Evidence Act, 1872 - Sections 64 and 65; Transfer of Property Act, 1882 - Sections 56

Reported in : AIR1980Raj212; 1980()WLN411

the essential terms of the contract. In this connection reference may be made to Section 16(c) of the Specific Relief Act, 1963 (which will hereinafter be referred to as 'the Act'), which provides that specific performance of a contract cannot … C.M. Lodha, C.J. 1. This is a plaintiff's special appeal under Section 18 of the Rajasthan High Court Ordinance from the judgment and decree dated 16-2-1972 by Kan Singh, J., whereby

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

141 of the judgment, the court held that such agreement is specifically enforceable under Section 10 of the Specific Relief Act, 1963 inasmuch as the shares in a private limited company would come within the phrase 'not obtainable in the … provisions of Section 17 which confers powers on the Arbitral Tribunal to make orders as interim measures and Section 18 of the statute which provides that the 'parties' shall be treated with equality and each 'party' shall be

Sunil Sood vs.m/s Shri Krishna Builders & Ors.

Court : Delhi

Subject : Land Acquisition

sell, specific performance need not be granted. What are „substantial acts‟ in the context of section 20 (3), Specific Relief Act, 1963 was adverted to in M/s Krishna Sweets vs. Shri Gurbhej Singh @ Happy and Ors., MANU/DE/2851/2012. It was … with the aforesaid reasoning and conclusions which have been given by the trial court in paras 17 and 18 of the impugned judgment, and these paras 17 and 18 read as under:-"“17. Plaintiff has miserably failed to

S. Abdul Khader Vs. Abdul Wajid (D) by Lrs. and ors.

Court : Supreme Court of India

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 41, 43 and 52; Specific Relief Act, 1963 - Sections 19, 20 and 21; Contract Act, 1872 - Sections 23

Reported in : 2008(4)AWC4220(SC); 2008(2)CTLJ439(SC); JT2008(10)SC413; 2009(1)KarLJ400; 2009(1)MhLj61; RLW2009(1)SC206; 2008(12)SCALE473; (2008)9SCC522; 2008AIRSCW6645; 2008(9)SCC522; 2008(6)Supreme672; 2008(5)LH(SC)3372

both the courts below appear to have also lost sight of the provisions of Section 19(b) of the Specific Relief Act, 1963 which provides as follows:19. Relief against parties and persons claiming under them by subsequent title. - Except as … No. 8198 of 1995 filed by the petitioner herein for specific performance of an Agreement for Sale dated 18th May, 1995, executed by the respondent No. 1 in respect of the suit properties and for a direction

Pushpa Devi and anr. Vs. Sarti Devi and ors.

Court : Delhi

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 9, 12, 12(2), 18, 19, 30, 31(2) and 54; Code of Civil Procedure (CPC), 1908 - Sections 110 - Order XLIV; Specific Relief Act, 1963 - Sections 34

Reported in : 94(2001)DLT835; 2002(61)DRJ531

a special court and the same is exclusive--High Court has no jurisdiction to entertain this suit--Suit is dismissed--Specific Relief Act, 1963, Section 34.; Determination of a question of compensation and its apportionment necessarily involves a decision on the question of … Mange Ram was awarded compensation by the Land Acquisition Collector, Delhi. A reference for enhancement was made under Section 18 of the Land Acquisition Act, 1894 (for short the Act) and the compensation was enhanced by Mr. S.M.