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Oct 24 2006

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Decided on : Oct-24-2006

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17 to 22, 17(1), 17(2), 23A, 32, 32A, 34, 35, 49, 58, 59, 60, 60(2), 61, 61(2), 69, 71, 72 and 77; Transfer of Property Act, 1882 - Sections 4, 5 to 34, 38 to 53A, 54 to 57, 59, 107, 123 and 126; Specific Relief Act, 1963 - Sections 13, 15, 17, 21, 31, 31(2), 33, 34 and 49; Indian Contract Act, 1872 - Sections 13, 14, 15, 16, 17, 18, 19, 20, 23, 25, 29 and 65; Evidence Act - Sections 73; Indian Stamp Act, 1899 - Sections 35; Specific Relief Act, 1877 - Sections 18, 34, 39 and 41; Indian Registration Act, 1866; Indian Registration Act, 1871; Indian Registration Act, 1877; Registration and Other Related Laws (Amendment) Act, 2001; West Bengal Land Reforms Act, 1955 - Sections 4B; Andhra Pradesh Stamp (Amendment) Act, 1922; General Clau

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

transaction, the remedy is only to seek by filing a suit for cancellation of deed as contemplated under Section 31 of the Specific Relief Act, in which event, the Court adjudicating the case shall send a copy of … private law and requires to be adjudicated only in common law proceedings, such as a suit under the Specific Relief Act, 1963.4. In W.P. No. 25661 of 2005, the petitioner seeks a writ of Certiorari quashing the registered document bearing

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Apr 13 2007

Binny Mill Labour Welfare House Building Co-operative Society Limited ...

Court : Karnataka

Decided on : Apr-13-2007

Subject : Contract

Acts : Karnataka Co-operative Societies Act, 1959 - Sections 125; Specific Relief Act, 1963 - Sections 31; Mysore Co-operative Societies Act, 1959 - Sections 18; Indian Contract Act, 1872 - Sections 2, 19, 23 and 24 to 30; Indian Registration Act, 1908 - Sections 47, 48 and 49; Transfer of Property Act, 1882 - Sections 54; Companies Act

Reported in : ILR2008KAR2245; 2009(2)KarLJ291; 200(3)KCCR1692; 2008(5)AIRKarR120; AIR2008NOC2774

duly registered, not from the date of registration but from the date of execution of the said document.-- SPECIFIC RELIEF ACT, 1963. Section 31 ; Cancellation of a sale deed -Unilateral cancellation of a sale deed by Vendor - Held, If after … duly registered, not from the date of registration but from the date of execution of the said document.;(D) Specific Relief Act, 1963 - Section 31--Cancellation of a sale deed under--Unilateral cancellation of a sale deed by a vendor who had executed the sale

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Jul 05 1999

Kasireddy Ramayamma Vs. Kasireddy Rama Rao

Court : Andhra Pradesh

Decided on : Jul-05-1999

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 31; Andhra Pradesh Court Fees and Suits Valuation Act, 1956 - Sections 34; Transfer of Property Act, 1882 - Sections 122; Specific Relief Act, 1877 - Sections 39

Reported in : 1999(4)ALD491; 1999(4)ALT118

ILR 1938 Bom. 639 have been cited. In both these cases, the provisions of Section 31 of the Specific Relief Act, 1963, which corresponded to Section 39 of the repealed Specific Relief Act, 1877,have not been considered and no such

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Apr 26 1995

PravIn S/O Jethalal Kamdar Vs. State of Maharashtra, Through Collector ...

Court : Mumbai

Decided on : Apr-26-1995

Subject : Property

Acts : 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;

Reported in : 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 … a void sale-deed, there is reasonable apprehension of the substantial injury to the plaintiff within the meaning of Section 31 of the Contract Act.22. As regards the question of exercise of discretion Section 27(2) of the Specific Relief

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Nov 18 1971

Debi Prasad and ors. Vs. Smt. Maika and ors.

Court : Allahabad

Decided on : Nov-18-1971

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 31 and 31(1)

Reported in : AIR1972All376

my mind, the parties shall bear their own costs. Contract - conditions for cancellation - Section 31(1) of Specific Relief Act, 1963 - plaintiff applied for decree for cancellation of written instrument - possessory title does not entitle any person

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May 01 2007

Ajay Verma Vs. East India Company and ors.

Court : Delhi

Decided on : May-01-2007

Subject : Civil/Banking

Acts : Specific Relief Act, 1963 - Sections 31, 34 amd 41; Negotiable Instruments Act - Sections 138; Code of Civil Procedure (CPC),1908 - Order 7, Rule 11

Reported in : 2007(96)DRJ212

suit filed by the plaintiff is not maintainable under the provisions of Section 41(a) & (d) of the Specific Relief Act, 1963. The applicant has also contended that this Court has no territorial jurisdiction. However, this argument is not raised … any property. In fact, the plaintiff is seeking cancellation of a written instrument, that is the cheque, under Section 31 of the Specific Relief Act which reads as follows:31. When cancellation may be ordered.--(1) Any person against whom

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Dec 12 1986

N.B. Namazi Vs. Central Chinmaya Mission Trust

Court : Chennai

Decided on : Dec-12-1986

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 20; Indian Contract Act, 1872 - Sections 31

Reported in : AIR1988Mad84; (1987)IIMLJ317

as to costs.26. Appeal dismissed. Contract - specific performance - Section 20 of Specific Relief Act, 1963 and Section 31 of Indian Contract Act, 1872 - appeal against decree of specific performance - plaintiff always willing to perform … has changed his attitude. It is in this background, we will have to consider Sec. 20 of the Specific Relief Act 1963, What is relied on by Mr. Habibullah Badsha is Sec. 20(2)(c) of the Act which reads its follows-'20(2)(c).

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May 16 1978

Beni Prasad and ors. Vs. Smt. Ujji and ors.

Court : Allahabad

Decided on : May-16-1978

Subject : PropertyContract

Acts : Specific Relief Act, 1963 - Sections 31; Code of Civil Procedure (CPC) , 1908 - Sections 9; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 331

Reported in : AIR1978All421

and 3. The costs shall abide the result. Commercial - cancellation of sale deed - Section 31 of Specific Relief Act, 1963 - allegations in the plaint - sale was void or voidable against plaintiff - alleged defendant not real

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Oct 24 2007

Tekulapally Veera Reddy and ors. Vs. Tekulapally Narayana Reddy

Court : Andhra Pradesh

Decided on : Oct-24-2007

Subject : Family

Acts : Specific Relief Act, 1963 - Sections 31 and 31(1); Hindu Adoptions and Maintenance Act, 1956 - Sections 8 and 16; Andhra Pradesh Record of Rights in Land Act, 1971 - Sections 6, 6A(3) and 8(2); Andhra Pradesh Court-fees and Suit Valuation Act - Sections 26 and 37; Registration Act, 1908; Specific Relief Act, 1877 - Sections 39

Reported in : AIR2008AP60; 2008(3)ALD326; 2008(4)ALT530

praying for the reliefs of cancellation of a registered sale deed dated 1-9-1993 under Section 31 of the Specific Relief Act, 1963 (the Act, for brevity) and also for consequential relief of recovery of possession of the suit lands in

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Nov 16 1995

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

Court : Supreme Court of India

Decided on : Nov-16-1995

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 … a suit being suit No. 40 of 1945 in the Court of Civil and Sessions Judge, Kanpur under Section 31 of the Specific Relief Act, 1877 for rectification of the Trust Deed so as to bring it in

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