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Mohd. Hanif and ors. Vs. Marian Begam and ors.
Mumbai
Jan-09-1985
Contract
Specific Relief Act, 1963 - Sections 15, 19 and 22
AIR1986Bom15; 1986(1)BomCR33; 1985MhLJ625
case, however, there will be no order as to costs of this appeal. Appeal allowed. The scope of Section 19 (c) of the Specific Relief Act, 1963 was discussed in respect of a case where 'A' filed a … for the respondent No.1 contended that in view of the provisions of Ss. 15 and 22 of the Specific Relief Act 1963 provides as to who may obtain specific performance and that except as otherwise provided by Chapter II, the
Tag this Judgment! AI Brief & AskGomi Bai and ors. Vs. Uma Rastogi and anr.
Andhra Pradesh
Dec-29-2004
ContractCivil
Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 1 and 2 - Order 8, Rule 5(3); Specific Relief Act, 1963 - Sections 15, 19, 20 and 22(1); Transfer of Property Act - Sections 54; Evidence Act - Sections 102
2005(2)ALD631
of her husband and therefore suit by her as nominee is maintainable as per Section 15 of the Specific Relief Act, 1963. The respondents/ defendants did not deny the factum of nomination and the lower Court having found oral agreement … Singh, : AIR1995SC945a , the Supreme Court laid down that the subsequent purchaser can only plead defense under Section 19(b) of the Specific Relief Act and cannot challenge the agreement. The relevant observations are as under:That plea is
Tag this Judgment! AI Brief & AskDr. N. Kasinath Vs. Sri Arun R. Rawell and ors.
Karnataka
Feb-05-2008
ContractLimitation
Specific Relief Act, 1963 - Sections 19, 21, 21(1), 21(2), 21(3), 21(4), 21(5), 22 and 22(3); Transfer of Property Act, 1882 - Sections 3; Contract Act - Sections 73; Bangalore Development Authority Act; Limitation Act, 1963 - Schedule - Article 54
ILR2008KAR857; 2008(5)KLJ260; 2008(2)KCCR907; 2008(3)AIRKarR66; AIR2008NOC1620; 2008(3)ICC408; 2008AIHC2294(Kar)
the schedule site. Therefore, the third defendant is not entitled to the protection under Section 19(b) of the Specific Relief Act, 1963 (for short 'the Act'). Alternatively, it is contended that since the court below refused to grant a decree
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Ram Niwas (Dead) Through Lrs. Vs. Smt. Bano and ors.
Supreme Court of India
Aug-01-2000
ContractProperty
Specific Relief Act, 1963 - Sections 19 and 20(2); Transfer of Property Act - Sections 3
AIR2000SC2921; JT2000(8)SC340; (2001)1MLJ33(SC); 2000(II)OLR(SC)446; 2000(5)SCALE363; (2000)6SCC685; [2000]Supp2SCR39; 2000(2)LC1360(SC)
II to Section 3 of the Transfer of Property Act and the provisions of Section 20(2) of the Specific Relief Act, 1963, determine the result of this appeal.2. It will be apt to begin our discussion with Section 19(b) of
Tag this Judgment! AI Brief & AskSmt. Bannobi and ors. Vs. Mst. Afrozzia and ors.
Allahabad
Jan-03-1979
Contract
Specific Relief Act, 1963 - Sections 19
AIR1979All124
money in good faith and withoutnotice of the original contract within the meaning of Section 19(b) of the Specific Relief Act, 1963, with the result that specific performance of the contract in the plaintiff's favour could not be enforced against
Tag this Judgment! AI Brief & AskS. Abdul Khader Vs. Abdul Wajid (D) by Lrs. and ors.
Supreme Court of India
Sep-11-2008
Property
Transfer of Property Act, 1882 - Sections 41, 43 and 52; Specific Relief Act, 1963 - Sections 19, 20 and 21; Contract Act, 1872 - Sections 23
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
Tag this Judgment! AI Brief & AskJagir Singh Vs. Ranjeet Singh and ors.
Rajasthan
Sep-15-2005
Civil
Specific Relief Act, 1963 - Sections 19 and 20; Specific Relief Act, 1877 - Sections 27; ;Code of Civil Procedure (CPC) - Order 14, Rule 1 - Order 41, Rule 22
AIR2006Raj105; RLW2005(4)Raj2941; 2005(4)WLC447
the Allahabad High Court observed that two fold requirement of the provisions of the Section 19(b) of the Specific Relief Act, 1963 was that the transferee should have paid money in good faith and he showed have done so without
Tag this Judgment! AI Brief & AskP. Retnaswamy Vs. A. Raja and anr.
Chennai
Sep-04-2001
Property
Specific Relief Act, 1963 - Sections 19 and 20; Transfer of Property Act, 1882 - Sections 54 and 55(1)
AIR2002Mad131
above contention, the learned Senior Counsel for the second defendent would submit that under the provisions of the Specific Relief Act, 1963 or the Indian Contract Act or any common law, there is nothing which would disentitle the subsequent transferee … and is bound to suffer a decree as would be enforceable against his vendor. It is true that Section 19(b) of the Specific Relief Act. 1963 (hereinafter called 'the Act') entitles the decree holder for specific performance to
Tag this Judgment! AI Brief & AskRajendra Kantilal Dalal Vs. Bombay Builders Co. (P) Ltd. and ors.
Mumbai
Apr-15-2002
Civil
Specific Relief Act, 1963 - Sections 19 and 21
AIR2002Bom408; 2002(3)ALLMR10; 2002(5)BomCR102; (2002)4BOMLR480; 2002(4)MhLj141
the effect of Section 19 of the 1877 Act which corresponds to the Section 21 of the present Specific Relief Act, 1963 has the following effect :--The next part of Section 19 imposes a mandatory duty upon the Court to
Tag this Judgment! AI Brief & AskDevinder Singh Alias Dalvinder Singh and ors. Vs. Mansha Singh and ors ...
Punjab and Haryana
Jan-21-2003
PropertyContract
Specific Relief Act, 1963 - Sections 19; Evidence Act, 1872 - Sections 101; Code of Civil Procedure (CPC) , 1908 - Sections 100
AIR2003P& H166
by defendant-respondent Nos. 4 to 6 in their favour. He has further submitted that Section 19(b) of the Specific Relief Act, 1963 (for brevity, 'the Act') provides protection to a bona fide purchasers without notice. But if on making reasonable
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