Advanced Search Results

Manzoor Ahmed Margray Vs. Gulam Hassan Aram and ors.

Court : Supreme Court of India

Subject : Contract Property

Acts : Specific Relief Act, 1977 - Sections 20; Jammu and Kashmir Specific Relief Act, 1963 - Sections 10, 14 and 15; Jammu and Kashmir Prohibition on Conversion of Land and Alienation of Orchards Act, 1975 - Sections 3; Jammu and Kashmir Agrarian Reforms Act, 1972 - Sections 2(4)

Reported in : AIR2000SC191; JT1999(8)SC34; 1999(6)SCALE350; (1999)7SCC703; [1999]Supp3SCR380

or 2/3rd share. For this purpose, he relied upon Sections 14 & 15 of the J & K Specific Relief Act, 1963.(e) Suit land cannot be alienated or transferred in view of the Jammu and Kashmir Agrarian Reforms Act, 1972 … excluded from the operation of the Agrarian Reforms Act.17. Learned Counsel for the appellant, however, further referred to Section 3 of the J & K Prohibition on Conservation of Land and Alienation of Orchards Act, 1975 which is

L. Venkata Krishna Reddy (Died) and ors. Vs. M. Anjappa (Died) Per L.R ...

Court : Andhra Pradesh

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 28; Limitation Act - Sections 5 - Scheduled - Article 54; Code of Civil Procedure (CPC) - Sections 115 - Order 9, Rule 13 - Order 21, Rule 32

Reported in : AIR2009AP179; 2009(15)ALT599

execution petition on that ground alone. It is also contended that in view of Section 28 of the Specific Relief Act, 1963, the Court below ought to have held that the contract was deemed to have been rescinded on the … Revision petition is directed against the order dated 25-09-2008 in E.P. No. 50 of 1996 in O.S. No. 33 of 1985 on the file of the Court of Senior Civil Judge, Hindupur.2. The respondents 1 to 5

Jai NaraIn Parasrampuria (Dead) and ors. Vs. Pushpa Devi Saraf and ors ...

Court : Supreme Court of India

Subject : PropertyCompany

Acts : Code of Civil Procedure (CPC) - Order 21, Rule 99 - Order 23, Rule 1; Uttar Pradesh Rent Control Act; Specific Relief Act, 1963 - Sections 15, 19, 20 and 20(2); Evidence Act - Sections 44 and 116; Companies Act, 1956 - Sections 132 and 138; Transfer of Property Act - Sections 5 and 54; Indian Trusts Act, 1882 - Sections 3, 92 and 94; Specific Relief Act, 1877 - Sections 27; Urban Land Ceiling Act; Urban Land Ceiling (Regulation) Act, 1976 - Sections 26; Income Tax Act; Cantonment (House Accommodation) Act, 1923 - Sections 2; Orissa House Rent Control Act, 1967 - Sections 2(3); Housing Act, 1996 - Sections 6B(1)

Reported in : (2007)1CompLJ69(SC); 2006(2)CTLJ130(SC); (2006)4MLJ1224(SC); 2006(8)SCALE477; (2006)7SCC756

on the premise that the Trial Court had wrongly exercised its discretionary jurisdiction under Section 20 of the Specific Relief Act, 1963; as the appellants were guilty of demolition of the existing structures on the land. The learned Judges of … as between persons in existence. In any case, it seems to us that no trust as defined by Section 3 of the Act is brought about by the purchases made by the promoters. The legal position of a

P.C. Varghese Vs. Devaki Amma Balambika Devi and ors.

Court : Supreme Court of India

Subject : CivilContract

Acts : Specific Relief Act, 1963 - Sections 12, 12(3), 20, 22 and 22(1)

Reported in : AIR2006SC145; 2005(3)BLJR2425; 101(2006)CLT143(SC); [2006(2)JCR38(SC)]; JT2005(10)SC278; 2005(4)KLT530(SC); 2005(8)SCALE320; (2005)8SCC486

was all along ready and willing to perform his part of contract.Sub-section (3) of Section 12 of the Specific Relief Act, 1963 (for short 'the Act') was enacted with a view to meet such eventualities when the whole of the

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 … of a purported oral agreement for sale entered into on or about 20.6.1995 for a consideration of Rs. 32,00,000/- in terms whereof allegedly a sum of Rs. 3,20,000/- was deposited in his account through Banker's Cheque on

Raufunnessa Bibi and Sk. Abdul Majid Being Dead by their Heirs and Lrs ...

Court : Kolkata

Subject : CivilLimitation

Acts : Specific Relief Act, 1963 - Sections 14, 14(3), 19, 20, 21, 23 and 34; ;Code of Civil Procedure (CPC) - Sections 49, 77 and 96

Reported in : 2004(4)CHN154

2 and 3 therein alleged to claim their right and whether the provision of Section 19 of the Specific Relief Act, 1963 is attracted here.3. Whether both the Courts below were correct in not considering the point of delay in

Dilip Kaushal and anr. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Subject : Civil

Reported in : AIR2008MP324:2009(1)AIRKarR61(F.B)

of Section 307 of the Act of 1956 is independent of and different from the remedies under the Specific Relief Act. 1963. Section 307(5): [A.K. Patnaik, C.J., A.M. Sapre & S.K. Seth,JJ] Injunction for removal or alternation of any building-Locus standi … raised a preliminary objection that an alternative remedy was available to the petitioner under Sub-section (5) of Section 307 of the M.P. Municipal Corporation Act, 1956 (for short 'the Act of 1956') to apply to the District

Nagorao Narayan Diewane Since Deceased Through Heirs Vs. Narayan Awadu ...

Court : Mumbai

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Sections 100 and 102; Indian Limitation Act, 1908 - Sections 34 - Articles 58 and 120; Specific Relief Act, 1963 - Sections 5, 6 and 34; Evidence Act, 1872 - Sections 58, 92, 101 and 114; Benami Transaction (Prohibition) Act, 1988 - Sections 2; Indian Limitation Act, 1963 - Sections 3, 4 to 24 - Article 58; Specific Reliefs Act, 1877 - Sections 42; C.P. Land Revenue Act - Sections 80(3); Stamp Act, 1899; Registration Act, 1908;

Reported in : 2000(1)ALLMR555; 2000(4)BomCR165; (2000)1BOMLR857; 2000(2)MhLj273

merits no consideration at all and deserves to be dismissed. I therefore, pass the following order : [A] Specific Relief Act, 1963 - Section 34 - Suit for declaration - Finding of Court that plaintiff was in possession of suit … of Limitation Act, 1963. That both the Courts below have failed to follow the mandatory provisions contained in section 3 of the Limitation Act, 1963. He placed reliance on a decision reported in Ashwin Jalal v. Municipal Corpn.

Murlidhar Bapuji Valve Vs. Yallappa Lalu Chaugule Since Deceased by Hi ...

Court : Mumbai

Subject : Property

Acts : Evidence Act, 1872 - Sections 21, 101 to 104; Benami Transactions (Prohibition) Act, 1988 - Sections 4(1); Hindu Minority and Guardianship Act, 1956 - Sections 8(1); Specific Relief Act, 1963 - Sections 19; Transfer of Property Act, 1882 - Sections 3; Urban Land (Ceiling and Regulation) Act, 1976; Specific Relief Act, 1877 - Sections 27; Transfer of Property (Amending) Act, 1929

Reported in : AIR1994Bom358; 1994(3)BomCR461; (1994)96BOMLR530

of estate.;[D] Specific Relief Act, 1963 - Sections 19(b) and 27(b) - Transfer of Property Act, 1882 - Section 3 - Suit for specific performance of contract - Agreement for sale between plaintiff and defendant Nos. 1 and … onus which lay on him to bring the case within the exception contained in S. 19(b) of the Specific Relief Act, 1963?(8) What order should be passed in theappeal and in the cross-objections filed by defendant No. 3?11. For the

Azhar Sultana Vs. B. Rajamani and ors.

Court : Supreme Court of India

Subject : Contract

Acts : Urban Land Ceiling and (Regulation) Act, 1970 - Sections 27; Specific Relief Act, 1963 - Sections 16, 19 and 20; Transfer of Property Act - Sections 3; Evidence Act - Sections 120; Code of Civil Procedure (CPC) - Order 8, Rule 9 - Order 41, Rule 31

Reported in : AIR2009SC2157; 2009(2)AWC1546(SC); 2009(3)SCALE159:2009AIRSCW2789:2009(4)LHSC2483:2009(4)KCCR2671; (2009) 17 SCC 27

is ready and willing to perform his part of the contract as envisaged under Section 16(c) of the Specific Relief Act, 1963 (hereinafter referred to for the sake brevity as `the Act').8. It was, however, held that readiness and willingness … said defendants were in possession of the property which would amount to a notice within the meaning of Section 3 of the Transfer of Property Act, the plaintiff would be deemed to have knowledge thereabout.As regards the second