Advanced Search Results

Lt. Col K.C. Bheemaiah Vs. Kakamada A. Kuttappa and ors.

Court : Karnataka

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 10, 14, 22, 22(2) and 23

Reported in : AIR2004Kant224; ILR2003KAR4206; 2004(2)KarLJ349

would be justified in declining specific performance of the agreement of such an agreement.10. Section 10 of the Specific Relief Act, 1963 enumerates cases in which specific performance of contracts is enforceable and inter alia stipulates that specific performance of … of the act stipulated by the agreement at the choice of the defendants. The case therefore fell under Section 23 of the Specific Relief Act, 1923 making it permissible for the Court to decline specific performance of the

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 … as the said transaction was not hit either by Section 52 of the Transfer of Property Act or Section 23 of the Contract Act, 1872.13. In effect, the case made out on behalf of the petitioner is that

Rani Mohanraj and anr. Vs. P. Rajarathinam

Court : Chennai

Subject : Civil

Acts : Constitution of India - Article 227; Specific Relief Act, 1963 - Sections 41; Police Act, 1861 - Sections 23

Reported in : AIR1999Mad448

case in hand falls squarely under Clause (b) as well as Clause (d) of Section 41 of the Specific Relief Act, 1963. The lower Court in which the civil suit is pending and the criminal Court in which the appellant … injunction cannot be granted to restrain any person from instituting or prosecuting any proceedings in criminal matters.'14. Under Section 23 of the Police Act, it is the duty of every Police Officer promptly to obey and execute all

R. Srinivasa Murthy and ors. Vs. Menchmnappa, Son of Lakshmaiah and or ...

Court : Karnataka

Subject : Service

Acts : Specific Relief Act. 1963 - Section 23; Code of Civil Procedure,(CPC) 1908 - Order 41 , Rule 1

not a bar to a suit for specific performance of contract in terms of Section 23 of the Specific Relief Act. 1963. However, that aspect of the matter is no longer debatable in the light, of the conclusion arrived at

P. D'Souza Vs. Shondrilo Naidu

Court : Supreme Court of India

Subject : Contract

Acts : Income Tax Act - Sections 230A; Specific Relief Act, 1963 - Sections 12, 20, 20(2), 21 and 23

Reported in : 2005(5)ALLMR(SC)15; 2004(4)AWC3629(SC); (SCSuppl)2005(1)CHN15; 2004(4)CTC150; [2004(4)JCR123(SC)]; JT2004(6)SC126; 2004(4)MhLj802; 2004MPLJ411(SC); 2004(6)SCALE364; (2004)6

a clause exists, a suit for specific performance of contract would not be maintainable.30. Section 23 of the Specific Relief Act, 1963 read as under:'23. (1) A contract, otherwise, proper to be specifically enforced, may be so enforced, though a

Sri Chandrashekar and ors. Vs. the Tuheed Co-operative Housing Society ...

Court : Karnataka

Subject : CivilProperty

Acts : Karnataka Co-operative Societies Act, 1959; Urban Land (Ceiling and Regulation) Act, 1976; Specific Relief Act, 1963 - Sections 10, 20, 20(2) and 23; Indian Contract Act, 1872 - Sections 23; Karnataka Land Reforms Act, 1961 - Sections 79B and 109; Evidence Act, 1872 - Sections 114; Karnataka Land Reforms (Amendment) Act

Reported in : ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264

and not for 22 acres only. Property must be identifiable in order to avail the relief under the Specific Relief Act, 1963. To buttress his submissions, Sri Shekar Shetty has relied on the following reported judgments:i) Nahar Singh v. Harnak … the Urban Land Ceiling Act, 1976, does not arise at all.h) The transaction in question is hit by Section 23 of the Indian Contract Act, 1872. Under Section 79-B of the Karnataka Land Reforms Act, 1961 a Co-operative

P.S. Ranakrishna Reddy Vs. M.K. Bhagyalakshmi and anr.

Court : Supreme Court of India

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 20 and 23

Reported in : AIR2007SC1256; 2007(2)AWC1614(SC); (2007)2CALLT54(SC); 2007(2)CTC357; JT2007(4)SC223; (2007)4MLJ193(SC); 2007(3)SCALE409; (2007)10SCC231

of M.L. Devender Singh4 was not noticed. This Court furthermore failed to notice and consider the provisions of Section 23 of the Specific Relief Act, 1963. The said decision, thus, was rendered per incuriam.35. Furthermore, the relevant term … a fit case where the Courts below should have exercised their discretionary jurisdiction under Section 20 of the Specific Relief Act, 1963.Mr. S.N. Bhat, learned Counsel appearing on behalf of the respondents, on the other hand, supported the judgment.5. Original

Arjan Singh Vs. Punit Ahluwalia and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Contract Act, 1872; Specific Relief Act, 1963 - Sections 19 and 20; Transfer of Property Act - Sections 52; Advocates Act; Code of Civil Procedure (CPC) - Sections 94, 96 and 151 - Order 23, Rule 3 - Order 39, Rule 2A

Reported in : 2008(4)AWC3352(SC); JT2008(6)SC618; 2009(2)MhLj13; RLW2008(4)SC3236; (2008)8SCC348; 2008AIRSCW4534

its discretionary jurisdiction in one of the suits or the other, having regard to Section 20 of the Specific Relief Act, 1963. By reason of a compromise or otherwise, the claim of the appellant could not have been defeated. When … Bawa in favour of one Puneet Ahluwalia, a nominee of Sanjeev Sharma. Appellant filed an application under Order 23 Rule 3 for the recall of the order dated 19.2.2003. Punit Ahluwalia was also impleaded in the said

Smt. Shakuntla Devi Vs. Mohanlal Amrit Raj JaIn Market, Pali

Court : Rajasthan

Subject : ContractProperty

Acts : Contract Act, 1872 - Sections 55; Specific Relief Act, 1963 - Sections 10, 16, 20 and 23; Income-tax Act - Sections 230A

Reported in : AIR1994Raj259

away by merely fixing a sum as damages. It is made perfectly clear by Section 23 of the Specific Relief Act, 1963 that the Court has to determine onthe facts and circumstances of each case before it whether specific performance

Sri Andanur Rajashekar S/O Late Andanur Basappa Vs. Sri Vasavi Industr ...

Court : Karnataka

Subject : Property

Acts : Specific Relief Act 1963 - Sections 9 and 16; Karnataka Land Reforms Act - Sections 79, 79A, 80, 82, 83 and 95; Karnataka Vacant Land in Urban Areas (Prohibition of Alienation) Act - Sections 7; ;Contract Act - Sections 23; Urban Land Ceiling Act; Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act, 1975 - Sections 3

Reported in : ILR2007(1)KarSN2; 2007(2)KLJ547; 2007(2)KCCRSN69; 2007(2)KCCR1213; 2007(1)AIRKarR497; AIR2007NOC429

or otherwise it will be inequitable to grant a discretionary relief.... The language in Section 16(c) of the Specific Relief Act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or … the defendants in respect of the suit for relief based on contract. He would also submit that under Section 23 of the Contract Act, the said agreement is forbidden by law and is opposed to public policy and