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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 … thereon at 21% P.A. on or before the time fixed for the execution of the sale deed viz. 24.4.1991. If the vendors fail or neglect to pay the above said sum of Rs. 2,50,000/- with interest as

India Financial Assn., Seventh Day Adventists Vs. M.A. Unneerikutty an ...

Court : Supreme Court of India

Subject : PropertyContract

Acts : Companies Act, 1956; Income Tax Act, 1961 - Sections 23GA; Kerala Court Fees and Suits Valuation Act - Sections 42; Kerala Stamp Act; Contract Act, 1872 - Sections 23 and 24; Specific Relief Act, 1963 - Sections 16, 20, 108 and 629(A)

Reported in : 2006(6)ALD11(SC); 2006(4)AWC3177(SC); (SCSuppl)2006(4)CHN128; JT2006(6)SC578; 2006(4)KLT520(SC); 2006(7)SCALE302; (2006)6SCC351; 2006(2)LC1026(SC)

was noted that there was no case of inadequacy of price, on the facts, Section 20 of the Specific Relief Act, 1963 (in short 'Specific Relief Act') was not applicable. The agreement was for sale of the property for a-price … and were prohibited by statutes like Kerala Stamp Act and Income Tax Act, 1961 and were void under Section 24 of the Indian Contract Act, 1872 (in short the 'Contract Act'). The three buildings in the property were

Hamida Begum Alias Alo Bibi Vs. Umran Bibi and ors. and Sk. Karim Ali ...

Court : Kolkata

Subject : LimitationProperty

Acts : Limitation Act - Sections 2, 3, 4 to 24 and 27; ;Specific Relief Act, 1963 - Section 31; ;Limitation Act, 1908 - Schedule - Articles 59, 113 and 120; ;Indian Registration Act, 1908

Reported in : 2008(3)CHN639

dispute that the said suit was filed by virtue of the right created under Section 31 of the Specific Relief Act, 1963 and the period of limitation for filing such suit is 3 years according to Article 59 of the … or application instituted after the prescribed 'period of limitation' must subject to the provisions of Sections 4 to 24 be dismissed although limitation has not been set up as a defence. Section 2(j) defines the expression 'period

Lrs of Bhinva Ram Vs. Sohan Ram

Court : Rajasthan

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 9, 16, 20, 20(2), 21, 21(1), 22, 22(1), 22(2) and 24; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 3; Transfer of Property Act - Sections 54; Specific Relief Act, 1877 - Sections 21; Contract Act, 1872 - Sections 2, 10, 14(1), 15 and 73

Reported in : RLW2005(4)Raj2433; 2005(4)WLC34

of law and so also in respect of another question on the anvil of Section 20 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act' ('the Act of 1963')) which though proposed by the learned Counsel for … not essential. It may be pointed out that predecessor of Section 16 of the Act of 1963 was Section 24 of the Act of 1877 which read thus:'24. Personal bars to the relief.Specific performance of a contract cannot

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 … and Company Secretary by name Mr. P.K.Viswanathan, by virtue of the resolution of the Board of Directors dated 24.3.2004, authorising him for the purpose. The authorisation given to Mr. P.K.Viswanathan was not merely to sign the agreement

Andhra Pradesh Scheduled Tribes Employees Association Vs. Aditya Prata ...

Court : Andhra Pradesh

Subject : ConstitutionService

Acts : Constitution of India - Articles 14, 15(1), 15(4), 16(1), 16(4), 21, 32, 121, 124(4), 136, 141, 226, 233 to 237, 309, 335, 341, 342, 342(1), 342(2), 366(24) and 366(25); Code of Civil Procedure (CPC), 1908 - Sections 9, 11, 80, 100(4), 100(5), 151, 152 and 153; Constitution (Scheduled Tribes) Order, 1950; Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976; Evidence Act, 1872 - Sections 40, 41, 42 and 44; Societies Registration Act, 1860; Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 - Sections 5 and 11; Specific Relief Act, 1963 - Sections 34; Scheduled Castes or Scheduled Tribes Order, 1950; Suits Valuation Act - Sections 11; Delhi Rent Control Act - Sections 21; Malaya Rubber Regulati

Reported in : 2001(6)ALD582; 2001(6)ALT433

of Subordinate Judge, Parvathipuram.27. There cannot be any doubt that the suit was under Section 34 of the Specific Relief Act, 1963. It is rather doubtful as to how the suit for mere declaration without any consequential relief was maintainable. … cause notice dated 16-8-1999 addressed to his brother Sri. Rajender Pratap Bhanj Deo. He sent a reply dated 24-8-1999 to the Sub-Collector, in view of the applications filed by him on behalf of his children, and also

West Bengal Government Employees (F and S) Co-operative Housing Societ ...

Court : Kolkata

Subject : Property

Acts : Estates Acquisition Act; ;Specific Relief Act, 1963; ;Code of Civil Procedure (CPC) - Section 24 - Order 7, Rule 11 - Order 23, Rule 1(1), 1(3) and 1(4); ;Constitution of India - Article 142

Reported in : 2008(4)CHN908

the conduct of the plaintiff would show that the plaintiff is disentitled to get any relief under the Specific Relief Act, 1963 from claiming specific performance.12. It appears from the agreement dated 3rd March, 1968 that the plaintiff agreed to … No. 19 of 1995 for transfer of various suits pending in different courts to the High Court under Section 24 of the Code of Civil Procedure and Clause 13 of the Letters Patent.6. On 29th November, 1995, the

Balbeer Singh Vs. Arjun Singh

Court : Allahabad

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 20; Indian Contract Act, 1872 - Sections 24; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Sections 154, 154(1) and (2), 166 and 337

Reported in : 1999(3)AWC2683

decree executed on expiry of 4 months' period from today. Property - specific performance - Section 20 of Specific Relief Act, 1963, Section 24 of Contract Act, 1872 and Sections 154, 166 and 337 of U.P. Zamindari Abolition and Land Reforms Act,

Savitri Bai S/O Kashinath Divate (Gaikwad) vs Ramacandrasa Shri Narasi ...

Court : Karnataka Dharwad

plaintiff was ready and willing to perform his part of contract. Hence as per section 16(c) of the Specific Relief Act, 1963 (‘the Act’ for short), the plaintiff has proved his readiness and willingness and accordingly decreed the suit in … OCC. STUDENT, R/AT: NO.101, GAVI ONI, HUBLI-580024, DHARWAD DISTRICT.14E MR. PAVANA S/O. LATE SHRI NARAYANA GNANTUSA DANI, AGE. 24 YEARS, OCC. STUDENT, - 13 - R/AT: NO.101, GAVI ONI, HUBLI-580024, DHARWAD DISTRICT. 14F MR. UJWALA G O

Vishnu S/O Ghantusa Dani, vs Sri.Ramachandrasa S/O Narasingappa Solank ...

Court : Karnataka Dharwad

plaintiff was ready and willing to perform his part of contract. Hence as per section 16(c) of the Specific Relief Act, 1963 (‘the Act’ for short), the plaintiff has proved his readiness and willingness and accordingly decreed the suit in … OCC. STUDENT, R/AT: NO.101, GAVI ONI, HUBLI-580024, DHARWAD DISTRICT.14E MR. PAVANA S/O. LATE SHRI NARAYANA GNANTUSA DANI, AGE. 24 YEARS, OCC. STUDENT, - 13 - R/AT: NO.101, GAVI ONI, HUBLI-580024, DHARWAD DISTRICT. 14F MR. UJWALA G O