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Pratapsing Ganpatrao Kadam Vs. Maruti Raghunath Todkar (through L.R's. ...

Court : Mumbai

Subject : Limitation

Acts : Limitation Act, 1963 - Sections 14 and 29(2); Constitution of India - Article 226; Specific Relief Act, 1963 - Sections 6

Reported in : AIR2003Bom11

from the date of dispossession. Considering that the issue is whether the suit under Section 6 of the Specific Relief Act, 1963 can be filed beyond the period of six months set out in Section 6 of the Specific Relief … of jurisdiction or other cause of a like nature, is unable to entertain it.' Also relevant would be Section 29(2) of the Limitation Act which reads as under :-- 'Where any special or local law prescribes for any

Bai Dahi Vs. Amulakhbhai Gambhirbhai Barot

Court : Gujarat

Subject : PropertyCivil

Acts : Specific Relief Act, 1963 - Sections 4, 6 and 6(2); Limitation Act, 1963 - Sections 29 (2); Bombay Rent Act - Sections 28

Reported in : AIR1974Guj106; (1973)GLR801

no order as to costs.19. Revision dismissed. Property - possession - Sections 4, 6 and 6 (2) of Specific Relief Act, 1963, Section 29 (2) of Limitation Act, 1963 and Section 28 of Bombay Rent Act - plaintiff filed suit against defendant

Nilkanth Dhondiba Chavan (D) by L.Rs. Vs. Sou. Umabai and anr.

Court : Mumbai

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 16, 20 and 29; Maharashtra Debt Relief Act; Transfer of Property Act - Sections 58

Reported in : AIR2005Bom98; 2005(1)ALLMR543; 2005(2)BomCR220; 2005(2)MhLj8

language of Section 37 of the Specific Relief Act, which is similar to the Section 29 of the Specific Relief Act, 1963 held that it is permissible to sue for specific performance and alternatively sue for rescission of the contract

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : 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

Reported in : 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 … with respondent No. 1 on 01.11.2000 for a period of 3 years commencing on 30.10.2000 and expiring on 29.10.2003. By a letter of intent dated 29.07.2003, the appellant forwarded to respondent No. 1 the draft terms for

Smt. Krishnabai C. Kadam and Others Vs. Wellworth Developers and Other ...

Court : Mumbai

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 16, 29 and 37; Code of Civil Procedure (CPC), 1908 - Orders 6, 7 and 39, Rules 1, 2, 7 and 16; Income Tax Act, 1961; Indian Contract Act, 1872 - Sections 65

Reported in : AIR2001Bom9; 2000(4)ALLMR200; 2000(4)BomCR757; 2000(4)MhLj532

dissolved and the accounts be made etc. 15. Mr. Divan drew my attention to section 29 of the Specific Relief Act, 1963, in this behalf and submitted that a plaintiff who institutes a suit for specific performance may in the

Andheri Bridge View Co-op. Hsg. Society Ltd. Vs. Krishnakant Anandrao ...

Court : Mumbai

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 62; Specific Relief Act, 1963 - Sections 10, 12, 14, 19, 21, 29 and 37; Indian Specific Relief Act, 1877 - Sections 19; Lord Carie's Act; Code of Civil Procedure (CPC), 1908 - Order 2, Rule 2 and Order 7, Rule 7; Limitation Act, 1963 - Articles 54 and 55; Court-fees Act, 1870 - Sections 18

Reported in : AIR1991Bom129; 1991(3)BomCR300; (1991)93BOMLR908

this sort of splitting of the agreement is not permissible under the provisions of S. 12 of the Specific Relief Act, 1963. Sub-section (1) of the said S. 12 reads 'Except as otherwise hereinafter provided in this section, the court … rights of the parties are governed by the agreement contained in the correspondence commencing from the letter dated 29th January, 1983.10. No.11. Does not survive in view of my answer to Issue No. 9. 12. Does not

Arjunan Vs. D. Pandi.

Court : Chennai

Subject : Civil

Acts : Specific Relief Act, 1963 - Section 16(c), 21, 29 and 30

performance of contract for sale.39. In MOTILAL JAIN (supra) the Hon'ble Apex Court referred to Sections 16(c), 21, 29 and 30 of the Specific Relief Act, 1963 and held that when major portion of the sale consideration … Division Bench of this Court held as under:Though Explanation (i) to clause (c) of Section 16 of the Specific Relief Act, 1963, states that where a contract involves the payment of money, it is not essential for the plaintiff to

Sajja Chimpiraiah Vs. Gaddam Venkata Subbaiah and ors.

Court : Andhra Pradesh

Subject : ContractLimitation

Acts : Limitation Act, 1963 - Schedule - Article 136; Specific Relief Act, 1963 - Sections 29

Reported in : AIR2004AP528; 2004(3)ALD28; 2004(3)ALT142

period ran from date of decree in second appeal. (ii) Execution of sale deed - Section 29 of Specific Relief Act, 1963 -application for annulment of sale deed - suit for execution of sale deed in respect of schedule property

Sughra Bee Vs. Kareez Fatima Qureshi

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 29; Specific Relief Act, 1963 - Sections 15

Reported in : 2004(3)ALD821; 2004(3)ALT704

the discretion in this regard was not exercised properly especially in the light of Section 20 of the Specific Relief Act, 1963. The learned Counsel also had pointed out to the Point for consideration which was framed by the appellate … property is agreed to be sold and is not such a document hit by uncertainty as contemplated by Section 29 of the Indian Contract Act, 1872 ?2. Whether Ex.A-1 is hit by Section 29 of the Indian Contract

Special Officer and Competent Officer, Urban Land Ceiling Vs. Syed Aza ...

Court : Andhra Pradesh

Subject : Property

Acts : Urban Land (Ceiling & Regulation) Act, 1976 - Sections 1(2), 3, 3(2), 4, 4(1), 5, 6, 7, 8, 9, 10(3), 12(1), 11, 16, 17, 29, 30 and 42; Land Acquisition Act - Sections 4, 4(1), 6, 9, 16, 17, 18 and 23(1); Madras Estates Abolition Act, 1948; Specific Relief Act, 1963 - Sections 6; Bihar Public Land Encroachment Act, 1956 - Sections 2 and 3; Chota Nagpur Tenancy Act; Constitution of India - Article 300A

Reported in : 2003(3)ALD516; 2003(4)ALT437

proceedings under the Land Acquisition Act would not arise at all. The provisions of Section 6 of the Specific Relief Act, 1963 are not applicable in the case of State. Having regard to the fact that the lands cannot be … Section 18 would obviously be a pre-existing title by reference to the date of the award. So is Section 29, which speaks of 'persons interested'. Finality to the award spoken of by Section 12(1) of the Act is