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Thaikandiyil Parambath Assiya Vs. Mannamchalil Rajeevan and anr.

Court : Kerala

Subject : Family

Acts : The Hindu Minority and Guardianship Act, 1956 - Sections 8 and 8(3); Specific Relief Act, 1963 - Sections 30 and 33; Travancore Nair Act

Reported in : II(1993)DMC490

before the contract was entered into. The principle that he who seeks equity must do equity on which Section 30 of the Specific Relief Act, 1963 is based has therefore to be applied while granting restitution in the … Contract Act, and (3) Section 41 of the Specific Relief Act, 1877 corresponding to Section 33 of the Specific Relief Act, 1963. Section 35 of the Transfer of Property Act reads :'Where a person professes to transfer property which he has

Shanmughasundaram and ors. Vs. Diravia Nadar (Dead) by Lrs. and anr.

Court : Supreme Court of India

Subject : TenancyArbitration

Acts : Arbitration Act, 1940 - Sections 20 and 30; Specific Relief Act, 1963 - Sections 12; Code of Civil Procedure (CPC) - Sections 11; Hindu Succession Act

Reported in : AIR2005SC1836; 2005(1)ARBLR401(SC); 2005(3)AWC2942(SC); 2005(2)CTC148; JT2005(3)SC186; (2005)141PLR670; (2005)10SCC728; 2005(1)LC552(SC)

brothers are Incompetent to abide by the award.30. Learned counsel makes a reference to Section 12 of the Specific Relief Act 1963 and submits that arbitration agreement and consequent award should be allowed to be enforced to the extent of

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 … OPT contract on the grounds inter alia -(a) that it is nothing but a 'wagering contract' hit by Section 30 of the Indian Contract Act, 1872; (b) that it was not supported by an underlying exposure and hence

Vineet Kumar Vs. Smt. Bhagwan Dei

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30, 32 and 33; Specific Relief Act, 1963 - Sections 14(2) and 43; Code of Civil Procedure (CPC) , 1908 - Sections 2(18), 12, 122 and 125 - Order 22, Rule 9

Reported in : AIR1978All312

an amendment in Section 32 of the Arbitration Act which had been effected by Section 43 of the Specific Relief Act, 1963, had not been brought to my notice. It is further contended that attention was not drawn to Section … to be held to be barred, that could only be on account of the provisions contained in Sections 30, 32 or 33 of the Indian Arbitration Act and not on the ground of Section 12 C. P.C.9.

Orissa Manganese and Minerals (Pvt.) Ltd. Vs. Adhunik Steel Ltd.

Court : Orissa

Subject : ContractCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 37 and 37(1); Indian Contract Act - Sections 10, 23 and 73; Specific Relief Act, 1963 - Sections 14, 14 and 14(3); Income Tax Act, 1961; Mineral Concession Rules, 1960 - Rules 30, 37 and 37(1)

Reported in : AIR2005Ori113

Rules, 1960 and therefore such an agreement is illegal and cannot be enforced.(ii) Under Section 14 of the Specific Relief Act, 1963, the agreement dated 14-5-2003 is not enforceable as it is terminable.(iii) The agreement dated 14-5-2003 cannot also be … him, in obtaining the lease, and for conducting all or any of the operations referred to in Rule 30 in or over the land leased to him.(3) The State Government may, by order in writing determine any

Harbhajan Kaur and ors. Vs. Rattan Chand Sharma

Court : Delhi

Subject : PropertyContract

Acts : Specific Relief Act, 1963 - Sections 30

Reported in : 61(1996)DLT293; 1996RLR94

order dated July 22, 1993, acquired finality.(3) Thereupon the respondent moved an application under Section 28(2)(a) of the Specific Relief Act, 1963, for rescission of the contract and restoration of possession of the instant property. The learned Single Judge on … June 30, 1995. The learned Single Judge also granted liberty to the appellants to move an application under Section 30 of the Specific Relief Act as the appellants urged that the respondent was liable to pay compensation to

Vaish College (Society) Shamli and ors. Vs. Sri Lakshmi NaraIn and ors ...

Court : Allahabad

Subject : ServiceConstitution

Acts : Specific Relief Act, 1963 - Sections 14(1); Constitution of India - Article 226; Code of Civil Procedure (CPC) , 1908 - Sections 9; Kanpur and Meerut Universities Act, 1965 - Sections 30, 31, 38 and 50(1); Agra University Act, 1926 - Sections 25C, 25C(1), 25C(2), 28(3) and 29A; Aligarh Muslim University Act, 1920 - Sections 31; Aligarh Muslim University Regulations - Regulations 3 and 10

Reported in : AIR1974All1b

Full Bench decision in the above connected cases. Constitution - nature of employment - Section 14 (1) (b) Specific Relief Act, 1963, Section 9 of Code of Civil Procedure, 1908, Sections 30 , 31, 38 and 50 (1) (a a )

Arjunan Vs. D. Pandi.

Court : Chennai

Subject : Civil

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

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 was paid, … 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

Babu Ali (D) Through L.Rs. and ors. Vs. Dukkhi (D) and ors.

Court : Allahabad

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 47; Specific Relief Act, 1963 - Sections 20 and 21; Uttar Pradesh Consolidation of Holdings Act, 1953 - Sections 30

Reported in : 2004(2)AWC1620

costs. Civil - execution - Section 47 of Code of Civil Procedure, 1908, Sections 20 and 21 of Specific Relief Act, 1963 and Section 30 of Uttar Pradesh Consolidation of Holdings Act, 1953 - execution of sale deed in issue

Paramound Industries Vs. C.M. Malliga

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 21 Rules 35(1), 97 to 101, 103 and 104; Karnataka Rent Control Act, 1961 - Sections 21; Specific Relief Act, 1963 - Sections 41

Reported in : ILR1991KAR254; 1990(3)KarLJ437

relying upon the decision in Mohammed Hashim's case and also on the provisions of Section 41(b) of the Specific Relief Act, 1963, held that the order of temporary injunction passed by the Court below was without jurisdiction. A temporary injunction … the sub-tenants and they were bound by the decree for eviction, in view of the provisions contained in Section 30 of the Karnataka Rent Control Act. In such a suit, an. application was filed for temporary injunction to