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Aderbad Co-operative Hsg. Scty. Ltd. Vs. Aspi Framroze Goluwalla (Dr.) ...

Court : Mumbai

Subject : Civil

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 35 and 152; Specific Relief Act, 1963 - Sections 41; Presidency Small Causes Court Act, 1882 - Sections 6; Specific Relief Act, 1872 - Sections 56; Civil Procedure (CPC), 1908

Reported in : 2005(3)ALLMR6; 2005(4)BomCR73

to a Single Judge of this Court exercising Ordinary Original Civil Jurisdiction. Hence, under Section 41(b) of the Specific Relief Act, 1963 he has no power to grant an injunction restraining the plaintiff from prosecuting its application before the Deputy … Nos. 9 and 10. The plaintiff society thereafter approached the Deputy Registrar Co-operative Societies by an application under Section 35 of the Maharashtra Co-operative Societies Act, 1960 (for short the Act) for approval of the said resolution. Defendant

Atluri Kuchela Rao. Vs. the District Collector and anr.

Court : Andhra Pradesh

Subject : Property

Acts : Andhra Pradesh Land Grabbing (Prohibition) Act; Specific Relief Act, 1963 - Section 35, 80; L.G. Act.

against the entire world. That, however, does not accord to the specific language of Section 35 of the Specific Relief Act, 1963 (for short 'the Act'). The provision reads: "35.Effect of declaration - A declaration made under this Chapter is

Fakria Vs. Jasmer Singh

Court : Punjab and Haryana

Subject : CivilLimitation

Acts : Limitation Act, 1963 - Schedule - Article 136; Specific Relief Act, 1963 - Sections 28; Specific Relief Act, 1877 - Sections 35

Reported in : (2005)139PLR801

dated 30.10.1956 as well as the decree dated 25.2.1964, the Court found that under Section 28 of the Specific Relief Act, 1963, an application of rescinding of a decree for specific performance is not maintainable, though under Section 35 of

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

Court : Andhra Pradesh

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 … such parties would be trustees.'In the Law of Specific Relief, by me, while dealing with the scope of Section 35 of the said Act, I had stated as follows:'This Section corresponds to Section 43 of the Old Act

Jegannatham Pillai Vs. Kunjithapatham Pillai and ors.

Court : Chennai

Subject : Property

Acts : Hindu Succession Act - Sections 4 and 14(1); Real Property Act, 1845; Settled Land Act, 1925; Settled Land Act, 1882; Specific Relief Act, 1963 - Sections 28 and 35

Reported in : AIR1972Mad390

There are provisions in the Specific Relief Act for rescission and cancellation of contracts. Section 28 of the Specific Relief Act, 1963 corresponds to Section 35 of the old Act and it deals with rescission of contracts which are voidable.

Maruti Vishnu Kshirsagar Vs. Bapu Keshav Jadhav

Court : Mumbai

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 28; Code of Civil Procedure (CPC), 1908 - Sections 148; ;Specific Relief Act, 1877 - Sections 35

Reported in : AIR1970Bom398; (1970)72BOMLR615; 1970MhLJ907

liabilities under the contract. This scheme of Section 35 has been better clarified in Section 28 of the Specific. Relief Act, 1963. The relevant parts of Section 28 provide:-- '28(1) Where in any suit a decree for specific performance, of

Ramanivas Gupta and ors. Vs. Maliram

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Stamp Rules, 1925 - Rule 6(2); Stamp Act - Sections 35 and 36; Specific Relief Act, 1963 - Sections 16 and 29

Reported in : 2002(5)ALD362; 2003(3)ALT787

no averment in the plaint that the decree is a collusive decree, and since Section 17(b) of the Specific Relief Act, 1963 does not cover cases of allotment of a properly, covered by an agreement of sale, to the share … to that deed, such deed would become an improperly or insufficiently stamped deed, and the consequences contemplated by Section 35 of the Stamp Act would follow. Therefore, if such a deed is produced before any public officer, it

Repaka Prasada Rao Vs. Machilipatnam Municipality and ors.

Court : Andhra Pradesh

Subject : LimitationCivil

Acts : Andhra Pradesh Municipalities Act - Sections 369; Limitation Act, 1963 - Sections 14; Specific Relief Act, 1963 - Sections 20; Code of Civil Procedure (CPC) - Sections 35, 35(A) and 80

Reported in : 2005(3)ALD623

plaintiff/appellant being not satisfied with the said relief had preferred the present second appeal. Section 20 of the Specific Relief Act, 1963 reads as hereunder:Discretion as to decreeing specific performance:--(1) The jurisdiction to decree specific performance is discretionary, and the … Procedure besides the suit costs and therefore prays to dismiss the suit with compensatory costs of Rs. 3,000/-under Section 35 of CPC besides the costs of the suit.9. The brief facts of the Additional written statement filed by

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 … that the question whether a party is bound by the decree can be investigated under Order 21 Rule 35 C.P.C. This is also the view expressed in MAHABIR PEKSHAO v. DELHI TRADERS PRIVATE LTD. AND ORS., :

Shaikh Sikandar Sk. Haidar and ors. Vs. Saraswati Education Society an ...

Court : Mumbai

Subject : Property

Acts : Bombay Public Trusts Act - Sections 36(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18 and 29; Specific Relief Act, 1963 - Sections 41; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(4), 34 and 35; Income Tax Act, 1961; Income Tax (Certificate Proceedings) Rules, 1962; Code of Civil Procedure (CPC) - Sections 47 and 94 - Order 39, Rules 1 and 2

Reported in : 2007(1)ALLMR836; 2007(4)BomCR387; 2007(4)MhLj185

Recovery Tribunal's order/decree or execution thereof by way of a suit is not maintainable. Section 41(b) of the Specific Relief Act, 1963 bars such relief, as well that alternate remedy of damages is available to the plaintiffs etc.The Trust as … of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, read with Section 34 and Section 35 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Trial Court found