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Paramound Industries Vs. C.M. Malliga
Karnataka
Jun-29-1990
Civil
Code of Civil Procedure (CPC), 1908 - Order 21 Rules 35(1), 97 to 101, 103 and 104; Karnataka Rent Control Act, 1961 - Sections 21; Specific Relief Act, 1963 - Sections 41
ILR1991KAR254; 1990(3)KarLJ437
relying upon the decision in Mohammed Hashim's case and also on the provisions of Section 41(b) of the Specific Relief Act, 1963, held that the order of temporary injunction passed by the Court below was without jurisdiction. A temporary injunction … decree-holder.3. The respondent is the landlord of the premises in question. He obtained an order of eviction under Section 21(1)(f) and (h) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the 'Act') on 4-1-1989 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 … discretionary and is dependendent on the provisions of Section 20 of the aforesaid Act and the Court under Section 21 thereof has the power to award compensation for breach of contract instead of decreeing the suit for specific
Tag this Judgment! AI Brief & AskMandava Lokeswara Rao Vs. Devineni Vijaya Lakshmi
Andhra Pradesh
Apr-13-1999
Contract
Specific Relief Act, 1963 - Sections 20, 21 and 22; Letters Patent Act, 1865 - Sections 15 and 54
1999(3)ALD663; 1999(4)ALT49
while interpreting Section 20 of the Specific Relief Act, the Supreme Court held as follows:-'Section 20 of the Specific Relief Act, 1963 preserves judicial discretion to Courts as to decreeing specific performance. The Court should meticulously consider all facts and … 19. In 'Kanshi Ram v. Om Prakash Jawal' cited (supra), while interpreting the scope of Section 20 and Section 21 of the Specific Relief Act, the Supreme Court held as follows:-'Having regard to the facts of this case
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Singilidevi Veera Venkata Ananthalakshmi and anr. Vs. Bhamidipati Seet ...
Andhra Pradesh
Nov-03-2003
Civil
Specific Relief Act, 1963 - Sections 21(5) and 40(2); Land Acquisition Act - Sections 31(2); Constitution of India - Article 227
2004(1)ALD51
the CRP is allowed. No costs. Civil - specific relief - Sections 21 (5) and 40 (2) of Specific Relief Act, 1963, Section 31 (2) of Land Acquisition Act and Article 227 of Constitution of India - civil revision petitions filed
Tag this Judgment! AI Brief & AskHusenabibi Wd/O Amirbhai Yasinbhai and anr. Vs. Abdulmiya Kasammiya Ku ...
Gujarat
Dec-14-2006
PropertyContract
Limitation Act - Schedule - Article 54; Code of Civil Procedure (CPC) - Sections 96; Specific Relief Act, 1963 - Sections 20, 21 and 21(5)
AIR2007Guj56
specific performance is an equitable relief, though the same is now governed by the statutory provisions of the Specific Relief Act, 1963. These equitable principles are nicely incorporated in Section 20 of the Act. While granting a decree for specific … urban immovable properties. It is high time, the courts do so. 45. Mr. Raval, thereafter, submitted that under Section 21 of the Specific Relief Act, the Court may pass appropriate order regarding award of damages. In this connection
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 & 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 … used against the person making them. Admissions are substantive evidence by themselves, in view of Sections 17 and 21 of the Indian Evidence Act, though they are not conclusive proof of the matters admitted. We are of
Tag this Judgment! AI Brief & AskSubhadra Rani Pal Choudhary Vs. Sheirly Weigal NaIn and ors.
Supreme Court of India
Apr-06-2005
FamilyProperty
Indian Succession Act, 1925 - Sections 211, 227 and 247; Code of Civil Procedure (CPC) , 1908 - Sections 51 - Order 40, Rule 1; Specific Relief Act, 1963 - Sections 21 and 22(2)
AIR2005SC3011; (2006)1CALLT79(SC); (SCSuppl)2005(3)CHN92; JT2005(4)SC222; (2005)141PLR99; (2005)5SCC230
left without any remedy regarding these amounts on the analogy of the principles in Section 22(2) of the Specific Relief Act, 1963 and accordingly, the Division Bench declined to grant any relief in this application. However, the Division Bench took … could not provide more accommodation to admit number of students and suffered loss. She invited our attention to Section 21 of Specific Relief Act, and contended that damages should be granted. This argument is devoid of any merit
Tag this Judgment! AI Brief & AskShamsu Suhara Beevi Vs. G. Alex and anr.
Supreme Court of India
Aug-20-2004
Contract
Indian Income Tax Rules; Indian Income Tax Act; Specific Relief (Amendment) Act, 1963 - Sections 21, 21(4), 21(5), 28 and 28(3); Indian Contract Act, 1872 - Sections 73
2004(4)AWC3022(SC); 2004(3)BLJR1789; (SCSuppl)2005(1)CHN99; JT2004(8)SC457; 2004(3)KLT754(SC); 2004(7)SCALE265; (2004)8SCC569; MANU/SC/0656/2004
be executed. On 17.2.1998 respondents moved another application, IA No. 851 of 1998, under Section 28(3) of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act') claiming interest @ 12% on Rs. 44,66,385/- (sale consideration) from the date … of the Act would be applicable in the facts of the present case. However, learned Single Judge invoking Section 21 of the Act held that the respondents would be entitled to get compensation. Learned Single Judge placed reliance
Tag this Judgment! AI Brief & AskViswanathan Vs. Ramakrishna Chettiar
Chennai
Jul-30-2001
CommercialContract
Specific Relief Act, 1963 - Sections 21(5) and 22(2)
(2001)3MLJ322
from the plaintiff, in view of Sub-section (5) of Section 21 and Sub-section (2) of Section 22 of Specific Relief Act, 1963 (in short 'the Act'), the direction by the Court below for payment of Rs. 60,000. 00 in favour
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