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Oct 22 1999

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

Court : Mumbai

Decided on : Oct-22-1999

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

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Jul 08 1985

State of Karnataka Vs. Vishwanatha Rao

Court : Karnataka

Decided on : Jul-08-1985

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) , 1908 - Sections 2(2) and 9; Karnataka Registration of Births and Deaths Rules - Rule 12

Reported in : ILR1985KAR2460

that the question whether the suit is or is not maintainable in view of Section 34 of the Specific Relief Act, 1963 cannot be gone into by this Court in these batch of cases. I have already pointed out how

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Nov 17 1971

Dumpala Ramachandra Reddy Vs. Dumpala Kanta Reddy and ors.

Court : Andhra Pradesh

Decided on : Nov-17-1971

Subject : FamilyProperty

Acts : Specific Relief Act, 1963 - Sections 34

Reported in : AIR1973AP189

maintainability of the suit. The answer to the question turns upon the provisions of Section 34 of the Specific Relief Act, 1963 which are in pari materia with those of Section 42 of the old Act. Section 34 of the

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Jul 03 2002

Datla Chandraiah (Died) by Lr and anr. Vs. Kothalanka Durga Vara Prasa ...

Court : Andhra Pradesh

Decided on : Jul-03-2002

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(11) and 115 - Order 1, Rule 9; Specific Relief Act, 1963 - Sections 34 and 35

Reported in : 2002(5)ALD294

same is pending disposal. The learned Counsel also had drawn my attention to Sections 34 and 35 of Specific Relief Act 1963 and also certain interlocutory proceedings and the orders made thereon in the suit. The learned Counsel further contended … time from which such judgment, order or decree declares that it had been or should be his property.'Further, Section 34 and 35 of the Specific Relief Act, 1963 also are to be looked into since they are relevant

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Dec 15 1987

Food Corporation of India, Gorakhpur Vs. Mahabir Prasad Bhartiya

Court : Allahabad

Decided on : Dec-15-1987

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 7, Rule 7

Reported in : AIR1988All160

was no cause of action for the suit, that the suit was barred by Section 34 of the Specific Relief Act, 1963 (for short the Act). The plaintiff was not entitled to any relief.4. The suit was decreed and the

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Jul 20 2009

A. Philoman Raj Vs. S. Kunna Gounder,

Court : Chennai

Decided on : Jul-20-2009

Subject : CivilProperty

Acts : Debt Relief Act; Evidence Act - Sections 92; Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) - Sections 11

Reported in : (2009)8MLJ267

At this juncture, it would be more useful to look into the provision of Section 34 of the Specific Relief Act, 1963 and the same reads as follows;Discretion of Court as to declaration of status or right.- Any person entitled

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Nov 13 1978

Ramnarayan and ors. Vs. Firm Mangeram Radheshyam Hardoi (U.P.) and anr ...

Court : Madhya Pradesh

Decided on : Nov-13-1978

Subject : ContractCivil

Acts : Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) - Sections 9 - Order 7, Rule 7

Reported in : AIR1979MP61

with the lower Court which dismissed the suit as not maintainable in view of Sec. 34 of the Specific Relief Act, 1963. 6. Shri Y.S. Dharmadhikari, Learned counsel for the plaintiffs-appellants, contends that Section 34 of the Specific Relief Act

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Sep 10 1999

S. Thiagarajan Vs. Saraswathy Kittu and 6 Others

Court : Chennai

Decided on : Sep-10-1999

Subject : Property

Acts : Transfer of Property Act, 1882 -- Sections 41, 122, 123 and 126; Specific Relief Act, 1963 -- Sections 34; Specific Relief Act, 1877 -- Sections 42; Code of Civil Procedure (CPC), 1908 -- Order 6, Rul3 4; Code of Criminal Procedure (CrPC) , 1973 -- Sections 145 and 146

Reported in : 1999(3)CTC217

- title - Sections 41, 122, 123 and 126 of Transfer of Property Act, 1882, Section 34 of Specific Relief Act, 1963, Section 42 of Specific Relief Act, 1877, Order 6 Rule 34 of Code of Civil Procedure, 1908 and Sections

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Dec 15 2008

Mr. Guna Krishna Gauns and Mrs. Lakshimi Guno Gauns Vs. Mr. Antonio Jo ...

Court : Mumbai

Decided on : Dec-15-2008

Subject : Property

Acts : Mundkar Act; Specific Relief Act, 1963 - Sections 34 and 42; Contract Act, 1872 - Sections 37 and 38; Code of Civil Procedure (CPC) - Order 7, Rule 7

Reported in : 2009(111)BomLR716

itself i.e. main relief and that is in the light of the proviso to Section 34 of the Specific Relief Act, 1963. The submission is that the suit was bound to fail in the absence of a prayer for recovery

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Aug 24 2006

Sri Aralappa Son of Sri Chowrappa, Major Vs. Sri Jagannath Son of Late ...

Court : Karnataka

Decided on : Aug-24-2006

Subject : Property

Acts : Indian Succession Act; Transfer of Property Act - Sections 5; Specific Relief Act, 1963 - Sections 34 and 42; Code of Civil Procedure (CPC) - Sections 35A - Order 9, Rule 13 - Order 41, Rule 35

Reported in : AIR2007Kant91; ILR2007KAR339

to declaration of ownership, is relief of possession of the property. The proviso to Section 34 of the Specific Relief Act, 1963, also affirms the said view. Where the plaintiff is out of possession of the land and does not

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