Advanced Search Results

Puran Ram Vs. Bhaguram and anr.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Specific Relief Act, 1963 - Sections 26 and 26(4); Code of Civil Procedure (CPC) - Order 6, Rule 17; Constitution of India - Article 227

Reported in : AIR2008SC1906; 2008(3)ALLMR(SC)843; (SCSuppl)2008(3)CHN145; 2008(2)CTC224; [2008(3)JCR26(SC)]; JT2008(4)SC37; 2008(4)KLT233(SC); 2008(4)MhLj1; (2008)4MLJ258(SC); 2008AIRSCW2265; 2008(4)SCC102; 2008(3)CivilLJ384; 2008; (3)ICC172; 2008(2)Supreme166; 2008(2)LH(SC)784; AIR 2008 SC 1960

for amendment, the appellant sought amendment of the agreement on the ground that under Section 26 of the Specific Relief Act, 1963, he was entitled to seek amendment in the plaint as well as in the agreement by which the

Sheo Murat Vs. Ram Murat

Court : Allahabad

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 26 and 26(2)

Reported in : AIR2004All263; 2004(2)AWC1320

this appeal was framed as following :'Whether a suit for rectification of instrument under Section 26 of the Specific Relief Act, 1963 is maintainable on behalf of a person who is not a party to the said instrument, sought to

Radhammal, Vs. Ramalingam

Court : Chennai

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 26 and 31; Limitation Act - Schedule - Article 96

Reported in : (2008)5MLJ45

not affected by the law of limitation. He had also contended that according to Section 26 of The Specific Relief Act, 1963, a suit for rectification could be filed on the ground of fraud or on the ground of mutual

Commissioner of Income-tax, Kanpur Vs. Kamla Town Trust

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Specific Relief Act, 1963 - Sections 26 and 31; Income-tax Act, 1922 - Sections 4(3) and 34; Income-tax Act, 1961 - Sections 2(15), 11, 148 and 256(1); Specific Relief Act, 1877 - Sections 31; Industrial Disputes Act, 1947; Trust Act, 1882 - Sections 34; Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913 ;Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913

Reported in : AIR1996SC620; (1996)130CTR(SC)112; [1996]217ITR699(SC); JT1995(8)SC364; 1995(6)SCALE517; (1996)7SCC349; [1995]Supp5SCR300

grant rectification of the Trust Deed is concerned the relevant provision is found in Section 26 of the Specific Relief Act, 1963 which had succeeded the prior Specific Relief Act of 1877. Under the earlier Act an analogous provisions was

Md. AzharuddIn Vs. Dr. A. Muthaiiah and ors.

Court : Andhra Pradesh

Subject : Constitution

Acts : Indian Societies Registration Act; Specific Relief Act, 1963 - Sections 34; Prevention of Corruption Act, 1988; Code of Civil Procedure (CPC) - Sections 26, 113, 115 and 151 - Order 6, Rules 4 and 16 - Order 7, Rule 1; Constitution of India - Articles 14, 16, 19(1), 20(3), 21, 32, 32(3) and 311

Reported in : AIR2002AP409

out those pleadings. Learned senior counsel while drawing my attention to the provisions under Section 34 of the Specific Relief Act, 1963, contended that a discretion is vested in the Court to pass a declaratory decree if any person is … Petitioner in these three revisions is the plaintiff in O.S. No. 10 of 2001 which is instituted under Section 26 Order 7 Rule 1 of CPC seeking the following relief's, viz.,a) By declaring a portion of clause 38(ii)

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 105; Trusts Act, 1882 - Sections 3 and 63; Code of Civil Procedure (CPC) , 1908 - Order 1, Rules 9, 10 and 13 - Order 31, Rule 1; Specific Relief Act, 1963 - Sections 9, 20, 20(2) and 26; Evidence Act, 1872 - Sections 115; Contract Act, 1872 - Sections 2; Limitation Act, 1963 - Sections 3(2) - Schedule - Article 113

Reported in : 1993(2)BomCR329

Order 31 Rule 1 of Code of Civil Procedure, 1908, Sections 9, 20, 20 (2) and 26 of Specific Relief Act, 1963, Section 115 of Evidence Act, 1872, Section 2 of Contract Act, 1872 and Section 3 (2) and Article 113

Ritu Saxena vs.j.s. Grover and Another

Court : Delhi

Subject : Land Acquisition

appellant/plaintiff had failed to prove her readiness i.e financial capacity which is required under Section 16(c) of the Specific Relief Act, 1963 to complete the sale transaction. Trial court held that in terms of the sanction letter of M/s ICICI … Page 15 of 38 Vs. Bhule & Ors. (2012) 132 DRJ247and the relevant paras of which judgment are 26(i) and 26(ii) and these paras read as under:-"to be ready and willing to perform his part of "26(i).

M. Meenakshi and ors. Vs. MetadIn Agarwal (D) by Lrs. and ors.

Court : Supreme Court of India

Subject : PropertyContract

Acts : Specific Relief Act, 1963 - Sections 20; ;Urban Land (Ceiling and Regulation) Act, 1976 - Sections 9, 10, 20 and 26

Reported in : 2006(6)ALD20(SC); 2006(8)SCALE566; (2006)7SCC470

the learned Single Judge of the High Court refusing to exercise their jurisdiction under Section 20 of the Specific Relief Act, 1963, and interference therewith by the Division Bench was unwarranted; and (v) The High Court could not have directed … the extent of Rs. 15,000/- was to be paid by the Defendant to the Plaintiff. The application under Section 26 of the 1976 Act filed for seeking permission to sell the said land was rejected by the competent

Sambhu Nath Dalal and anr. Vs. Radharaman Middya and ors.

Court : Kolkata

Subject : Civil

Acts : Specific Relief Act, 1963 - Section 26, 26(1) and 26(4); ;Limitation Act, 1963 - Schedule - Article 113; ;Evidence Act, 1872 - Sections 95 and 97; ;Registration Act

Reported in : (2003)1CALLT301(HC)

acquired title, even then, Section 26 may come to the aid of the plaintiff. Section 26 of the Specific Relief Act, 1963 provides as follows :-'Section 26:(1) When, through fraud or a mutual mistake of the parties, a contract or

Residency Resorts Private Limited vs United Service Institution of Ind ...

Court : Delhi

Subject : Land Acquisition

a determinable Agreement which comes to an end by efflux of time on 31.03.2026.12. Section 14(d) of the Specific Relief Act, 1963 (hereinafter referred toas “the Specific Relief Act”) provides that a Contract which is a determinable contract cannot be … appellant-Corporation is contrary to the mandate in Section 14(1) of the Specific Relief Act.8. Here the VOC dated 26th November 2010 is byits very nature determinable. There appear prima facie to be no extenuating circumstances that warrant