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Kamarbai and ors. Vs. Badrinarayan and anr.
Mumbai
Jul-27-1976
Property
Transfer of Property Act, 1882 - Sections 6; Indian Contract Act, 1872 - Sections 2 and 23; Specific Relief Act, 1963 - Sections 27, 27(2), 28, 31 and 34; Trusts Act, 1882 - Sections 84; Criminal Law
AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115
transfer is void, the Court should be guided by the provisions of chaps. IV to VI of the Specific Relief Act, 1963. Section 27 of that Act inter alia laid down that any person interested in a contract may sue to have
Tag this Judgment! AI Brief & AskBegum Seeni Pichai Ammal Vs. Janab K. Muthu Mohamed (Died) and ors.
Chennai
Jul-17-2003
Property
Transfer of Property Act - Sections 53(2)and 53A; Limitation Act - Sections 15 and 61 - Schedule - Article 54; Contract Act; Evidence Act - Sections 68; Specific Relief Act 1963 - Sections 27 and 27(2)
(2003)3MLJ141
held that except where the statute provides an exception to the rule as in Section 27(b) of the Specific Relief Act 1963, no person, as the owner of the property, who has entered into an agreement to sell the property,
Tag this Judgment! AI Brief & AskKoraboina Lakshmi Vs. Malkapuram Anasuya
Andhra Pradesh
Aug-21-1998
Contract
Specific Relief Act, 1963 - Sections 27 and 28
1999(2)ALD469; 1998(5)ALT316
EP No.7 of 1990 in OS No.1080 of 1981 on 15-4-1992 under Sections 27 and 28 of the Specific Relief Act, 1963 for rescission of the agreement of sale in respect of which the specific performance had been decreed on … deposited an amount of Rs.30,000/-on 15-2-1989 i.e., three years after the date fixed by the decree. The Accounts Section of the trial Court seems to have put up a note to the effect that the deposit had
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Sargunam (Dead) by Lr. Vs. Chidambaram and anr.
Supreme Court of India
Oct-07-2004
Property
Specific Relief Act, 1963 - Sections 19, 20 and 20(2); Specific Relief Act, 1877 - Sections 27; Karnataka Rent Control Act, 1961 - Sections 21(1)
2004(4)AWC3721(SC); (2005)1CALLT37(SC); (SCSuppl)2005(2)CHN14; JT2004(9)SC5; RLW2005(1)SC43; 2004(8)SCALE595; (2005)1SCC162
a transferee without notice of the original contract within the meaning of exception in Section 19(b) of the Specific Relief Act, 1963.16. Similarly, in the case of Baburam Bag v. Madhab Chandra Pallay reported in : AIR1914Cal333 , it has … make enquiry, into the nature of that possession, he cannot claim to be a transferee without notice under Section 27(b) of the Specific Relief Act, 1877.17. In the light of the above tests, we may now examine the
Tag this Judgment! AI Brief & AskPravIn S/O Jethalal Kamdar Vs. State of Maharashtra, Through Collector ...
Mumbai
Apr-26-1995
Property
Urban Land (Ceiling and Regulation) Act, 1976 - Sections 2, 5, 6 and 27; Specific Relief Act, 1963 - Sections 22, 31, 32 and 33; Indian Contract Act, 1872 - Sections 10, 13, 20, 21 and 65; Limitation Act, 1963 - Sections 17(1) - Articles 58 and 65; Code of Civil Procedure (CPC), 1908 - Order 1, Rule 10 - Order 20, Rules 12;
AIR1996Bom280; 1995(4)BomCR448; (1995)97BOMLR585; 1996(1)MhLj630
is however, true that there is discretion conferred upon the. Court under Sections 31 and 32 of the Specific Relief Act, 1963 an cancellation of the instrument as void or variable or in granting the relief of declaration that the … be seen that the ULC Act came into force in the State of Maharashtra with effect from 17-2-1976. Section 27(1) of the said Act required the plaintiff and the prospective purchaser to obtain the permission from the Competent
Tag this Judgment! AI Brief & AskS. Jahanara W/O. S. Abid Rep. by Her P.A. Holder and Husband Sri. S. A ...
Karnataka
Jul-13-2007
Contract
Specific Relief Act, 1963 - Sections 27(1), 28, 28(1) and 28(2); Specific Relief Act, 1877 - Sections 35; Court Fees and Suit Valuation Act
2008(1)KarLJ42; 2007(5)AIRKarR83:AIR2007NOC2229.
to for convenience as the Trial Court), on I.A.No. 28 in O.S.No. 76/1985 filed under Section 28(1) of Specific Relief Act, 1963.2. Before proceeding further, I set here below the relevant facts of the case:The petitioner - plaintiff had filed … having not done that, the petitioner - plaintiff had filed series of I.As., i.e.: I.A. Nos. 25 to 27 before the trial Court seeking extension of time to deposit the above said balance of the sale consideration.
Tag this Judgment! AI Brief & AskPercept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.
Supreme Court of India
Mar-22-2006
ArbitrationContract
Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules
AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227
for respondent No. 1 submitted that the agreement may not be specifically enforced under Section 14 of the Specific Relief Act, 1963 and accordingly, under Section 41(e), no injunction could be granted as prayed for by the appellant. According to … - Percept D. Markr (India) Pvt. Ltd. and the respondent No. 1 - Zaheer Khan is void under Section 27 of the Indian Contract Act, 1872 has been in restraint of trade. It was submitted by learned senior
Tag this Judgment! AI Brief & AskLalbhai Dalpatbhai and Co. Vs. Chittaranjan Chandulal Pandya
Gujarat
Apr-14-1965
Labour and Industrial
Specific Relief Act, 1963 - Sections 14(1), 38(2) and 57; Constitution of India - Article 19(1); Contract Act - Sections 27; Specific Relief Act, 1877 - Sections 21 and 44
[1965(11)FLR299]
14 (1), 38 (2) and 57 of Specific Relief Act, 1963, Article 19 (1) of Constitution of India, Section 27 of Contract Act and Sections 21 and 44 of Specific Relief Act, 1877 - whether negative stipulation in … relief by way of injunction depends in India upon statute and is governed by the provision of the Specific Relief Act, 1963. Section 36 of that Act places the grant of an injunction in the discretion of the Court; a discretion
Tag this Judgment! AI Brief & AskMahendra C. Mehta and Others Vs. Kousalya Co-op. Housing Society Ltd., ...
Andhra Pradesh
Jun-13-2001
Trusts and Societies
Andhra Pradesh Co-operative Societies Act, 1964 - Sections 126; Transfer of Property Act, 1882 - Sections 54; Limitation Act, 1963 - Sections 27 and 28 - Schedule - Articles 47, 64, 65, 136, 137, 138 140, 141, 142 and 144; Specific Relief Act, 1963 - Sections 5; Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950; Andhra Pradesh Land Grabbing (Prohibition) Act, 1982; Urban Land Ceiling Act
2001(5)ALD102; 2001(5)ALT197
47, 64, 65, 136, 137, 138, 140, 141, 142 and 144 of Limitation Act, 1963, Section 5 of Specific Relief Act, 1963, Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 and … establish his adverse possession which has the effect of extinguishing the title of the owner by operation of Section 27 of Limitation Act, 1963 and if he fails to do so plaintiff cannot be non-suited merely because he
Tag this Judgment! AI Brief & AskVimala Ammal Vs. C. Suseela and Others
Chennai
May-02-1990
Contract
Specific Relief Act, 1963 - Sections 19; Specific Relief Act, 1877 - Sections 27; Code of Civil Procedure (CPC), 1908 - Order 1, Rule 10(2) - Order 5, Rule 4 - Order 21, Rules 99 and 102; Indian Trust Act, 1892 - Sections 91
AIR1991Mad209
can alienate if only subject to the rights created under the prior agreement of sale.'Section 19(b) of the Specific Relief Act, 1963 corresponding to S. 27(b) of the Specific Relief Act, 1877, also provides that specific performance of a contract
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