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Vineet Kumar Vs. Smt. Bhagwan Dei
Allahabad
Sep-02-1977
Arbitration
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
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
Tag this Judgment! AI Brief & AskNirmala Anand Vs. Advent Corporation Pvt. Ltd. and ors.
Supreme Court of India
May-10-2002
PropertyContract
Maharashtra Ownership Flats Act, 1963; Bombay Municipal Corporation Act - Sections 91B and 527; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 20, 20(1), 20(2), 20(3), 20(4), 21 and 23; Specific Relief Act, 1877 - Sections 12, 20, 21 and 22; Maharashtra Apartments Act, 1963; Urban Ceiling Law; Urban Ceiling Act; Indian Contract Act - Sections 31, 32 and 56; Companies Act
AIR2002SC2290; 2002(4)ALD3(SC); 2002(4)ALLMR(SC)862; 2002(6)BomCR134; JT2002(Suppl1)SC522; 2003MPLJ285(SC); 2002(4)SCALE601; (2002)5SCC481; 2002(2)LC906(SC)
for the appellant, contended that, having regard to the principles enshrined in Sections 10 and 20 of the Specific Relief Act, 1963 and the law declared by this Court, the relief of specific performance ought to have been granted as … yet been renewed. In the light of promulgation of an Ordinance No. 32 of 2001, it appears that the respondent had applied for renewal of … of a Notice dated 27.6.1969 upon the lessees terminating the lease in accordance with the provisions contained in Section 527 of the Bombay Municipal Corporation Act on account of the default committed by the lessees in 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 … prescribed under the said Act. According to him, he was, therefore, not under obligation to file return under Section 6(1) of the ULC Act before the ''Competent Authority U.L.C., Nagpur.3. It is then the case of the
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Nayaz Ahmed Sheriff and Others Vs. Zahoor Ahmed Sheriff and Others
Karnataka
Jan-15-1990
Arbitration
Arbitration Act, 1940 - Sections 2, 31, 32, 33 and 34; Specific Relief Act, 1963 - Sections 14 and 14(2); Code of Civil Procedure (CPC), 1908 - Sections 148A; Constitution of India - Article 136
AIR1990Kant348; ILR1990KAR807; 1990(1)KarLJ230
suit is barred by Ss. 32 and 33 of the Arbitration Act 1940 and S. 14(2) of the Specific Relief Act 1963. Learned counsel for the petitioners Sri Sridharan submits that the learned Judge has failed to consider the contentions … said Court in the form of petitions. Remedy by a regular suit is intended to be excluded. (7) Section 32 creates a bar against the institution of suits and it provides that if he existence, effect or validity
Tag this Judgment! AI Brief & AskMd. AzharuddIn Vs. Dr. A. Muthaiiah and ors.
Andhra Pradesh
Jun-07-2002
Constitution
Indian Societies Registration Act; Specific Relief Act, 1963 - Sections 34; Prevention of Corruption Act, 1988; Code of Civil Procedure (CPC) - Sections 26, 113, 115 and 151 - Order 6, Rules 4 and 16 - Order 7, Rule 1; Constitution of India - Articles 14, 16, 19(1), 20(3), 21, 32, 32(3) and 311
AIR2002AP409
out those pleadings. Learned senior counsel while drawing my attention to the provisions under Section 34 of the Specific Relief Act, 1963, contended that a discretion is vested in the Court to pass a declaratory decree if any person is … those sentences in the said paragraphs were rightly ordered to be deleted by the Court below. Under Article 32(3) of the Constitution of India, the Parliament may by law empower any other Court to exercise within a
Tag this Judgment! AI Brief & AskIndian Institute of Technology Vs. Mangat Singh
Delhi
Mar-29-1973
Service
Institute of Technology Act, 1961 - Sections 13(2) and 13(3); Constitution of India - Article 226; Specific Relief Act, 1963 - Sections 14(1); Oil and Natural Gas Commission Act, 1959 - Sections 32; Oil and Natural Gas Commission Act, 1959 - Regulation 27
9(1973)DLT475; (1974)IILLJ191Del
specific performance in view of section 20(l)(b) of the Specific Relief Act, 1877 and section 14(l)(b) of the Specific Relief Act, 1963. Many employees either of private persons or of corporations, local authorities and some times even of the State … and conditions of service of such employees shall be such as may be provided by regulations made under section 32 of the Act. Such regulations are not placed before Parliament. They have to be made with the previous
Tag this Judgment! AI Brief & AskR. Velammal Vs. R. Daivasigamani and Others
Chennai
Apr-21-1992
Contract
Specific Relief Act, 1963 - Sections 9, 10, 15 and 20; Indian Contract Act, 1872 - Sections 32 and 34
AIR1993Mad100; MANU/TN/0017/1993
trial Court are confirmed and the appeal is dismissed with costs.17. Appeal dismissed. Contract - specific performance - Sections 9, 10, 15 and 20 of Specific Relief Act, 1963 and Sections 32 and 34 of Indian Contract … : AIR1975Mad379 . In that case, this Court pointed out that in view of S. 20 of the Specific Relief Act, 1963 the exercise of discretion either in the matter of grant or refusal of decrees for specific performance ought
Tag this Judgment! AI Brief & AskM/S. Vidhi Constructions Pvt. Ltd. Vs. Smt. Baljit Kaur and Others
Delhi
Mar-30-2001
PropertyFamily
Hindu Succession Act, 1956 - Sections 14; Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 1, Rule 10 - Order 39, Rules 1, 2 and 4; Specific Relief Act, 1963 - Sections 32, 42 and 43
91(2001)DLT730
Rules 1, 2 and 4 of Code of Civil Procedure, 1908 and Sections 32, 42 and 43 of Specific Relief Act, 1963 - original suit filed by respondent for partition - suit decree for declaration deemed to be included to … is alleged that Smt.Harjit Kaur passed away on 24.8.1994. thereforee, as per the provisions of sub-section (1) of Section 14 of the Hindu Succession Act (hereinafter referred to as 'the Act'), Smt.Harjit kaur became full and absolute
Tag this Judgment! AI Brief & AskState of A.P. and anr. Vs. Kancharana Raghu and ors.
Andhra Pradesh
Dec-07-2004
CivilProperty
Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 32 - Order 39, Rules 1, 2 and 2A; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Specific Relief Act, 1963 - Sections 38 to 42
2005(1)ALD741; 2005(2)ALT2
injunction granted under Rules 1 and 2 of Order XXXIX CPC. Chapter VIII (Sections 38 - 42) of Specific Relief Act, 1963 deal with perpetual injunction. Though the same principles which weigh with the Court while granting a temporary injunction … which weigh with the Court while granting a temporary injunction equally applicable while granting permanent perpetual injunction under Section 38 of the Specific Relief Act, the nature of injunction granted as temporary measure is altogether different. A … 388 of 1996, they ought to have proceeded under Order XXI Rule 32 of CPC. Secondly, he would urge that an application under Rule 2A
Tag this Judgment! AI Brief & AskYella Simhachalam Vs. Siripuram Somulu
Andhra Pradesh
Jul-09-2001
PropertyContract
Specific Relief Act, 1963 - Sections 28, 28(1), 28(2), 28(3) and 28(4); Code of Civil Procedure (CPC), 1908 - Sections 115 and 151 - Order 21, Rule 32(5); Limitation Act - Schedule - Article 137
2001(5)ALD469; 2001(5)ALT235
Sharma, 1987 (2) APLJ 114, and had submitted that the scope and object of Section 28 of the Specific Relief Act, 1963 had been well explained by the Division Bench of this Court and the Court below had totally ignored … is true that even after the coming into force of the Specific Relief Act, Sub-rule (5) of Rule 32 of Order. XXI CPC has been retained and continued. It has been left untouched even while effecting extensive
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