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Putur Nanemma Vs. Jilakara Gundaiah and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Indian Contract Act - Sections 23; Andhra Pradesh Board of Revenue Standing Orders; Andhra Pradesh (Andhra Area) Board of Revenue Regulation, 1803; Andhra Pradesh Board of Revenue (Replacement by Commissioners) Act, 1977 - Sections 3; Constitution of India - Article 162; Specific Relief Act, 1963 - Sections 36, 38 and 41

Reported in : 2004(3)ALD639; 2004(4)ALT122

be assigned..........................' 15. While dealing with the grant of injunctions under Sections 36, 38 and 41 of the Specific Relief Act, 1963, the learned Single Judge observed that the grant of injunction is a judicial discretion and it must be … possession is proved, it is unlawful violating the law and the rule of assignment thereby becoming repugnant to Section 23 of the Indian Contract Act making it void conferring no right on her. The learned Single Judge

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 … admeasuring 32 acres and 35 Gunthas, and Land Survey No. 49 (Gat No. 196), admeasuring 20 acres and 36 Gunthas at village Gaigaon, Taluka - Balapur, District - Akola amongst other properties. This land is hereinafter referred,

V.Nagamanemma and 2 Oth Vs. V.Nagulu Naidu and Othe

Court : Andhra Pradesh

Subject : Land Acquisition

possession in the plaint. The suit therefore does not appear to be maintainable under Section 34 of the Specific Relief Act, 1963. A Division Bench of this Court in the case of Anilabala Debi v. Madhabendu Narain Roy, reported in … Shri Radha Gobinda Jew v Smt. Kewala Devi Jaiswal7 wherein it was held in paras 34, 35 and 36 as under:34. The appellants are out of possession of these two properties and yet they did not ask

Vidyacharan Shukla Vs. B.S. Adityan

Court : Karnataka

Subject : Service

Acts : Specific Relief Act, 1963 - Sections 20, 36 and 41(1)

Reported in : ILR1989KAR2784

of power as the General Assembly which exercises that power was invented with the said power impliedly.; (B) SPECIFIC RELIEF ACT, 1963 (Central Act No. 47 of 1963) - Sections 20, 36 & 41(1)(j) ;- Principles for grant - Discretionary … this topic. I would, however, begin by referring to Sections 36 and 41(1)(j) of the Specific Relief Act. Section 36 reads:'Preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual'Section 41(j) reads:'An injunction

Adhunik Steels Ltd. Vs. Orissa Manganese and Minerals Pvt. Ltd.

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 11, 11(6), 28 and 37(1); Specific Relief Act, 1963 - Sections 14, 14(1), 14(3), 36, 38, 39, 40, 41 and 42; Arbitration Act; Mineral Concession Rules, 1960 - Rule 37; Code of Civil Procedure (CPC) - Sections 94 - Order 39, Rule 2

Reported in : AIR2007SC2563; 2007(3)ARBLR65(SC); (2007)3CompLJ316(SC); 2007(4)CTC340; JT2007(9)SC147; 2007(6)MhLj502; (2007)6MLJ80(SC); 2007MPLJ436(SC); 2007(9)SCALE126; (2007)7SCC125; 2; MANU/SC/2936/2007

varieties of specific relief are, decree of specific performance and the injunction (See David Bean on Injunctions). The Specific Relief Act, 1963 was intended to be 'An Act to define and amend the law relating to certain kinds of specific … a limited extent. The right to relief of injunctions is contained in part-III of the Specific Relief Act. Section 36 provides that preventive relief may be granted at the discretion of the court by injunction temporary or perpetual.

Glory Jeeva Rita Vs. Executive Director, Bharat Petroleum Corporation ...

Court : Chennai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 17, 22, 36, 38, 39, 40, 41 and 42; Arbitration Act, 1940 - Sections 18 and 41; Specific Relief Act, 1963 - Sections 14(1), 23 and 41; Code of Civil Procedure (CPC) , 1908 - Order 38, Rule 5 - Order 39; Constitution of India - Articles 14 and 226

Reported in : 2008(3)ARBLR588(Madras)

convenience and possibility of irreparable loss and injury to the petitioner is made out. Section 23 of the Specific Relief Act, 1963 provides that the provision of liquidated damages is not a bar to the specific performance of the contract. … of the arbitration or even after the arbitral award but before the award is enforced in accordance with Section 36. Such order can be passed for preservation, interim custody or sale of any goods which are the subject

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 … and registered and received in evidence. In this case since Ex.A3 was admitted in evidence, in view of Section 36 of Stamp Act, it cannot now be contended that it is an improperly stamped document. Since the object

Vascon Engineers Limited Vs. Sansara Hotels India Pvt. Ltd. and ors.

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 9, 36, 37, 38, 39, 40, 41 and 42; Arbitration Act - Sections 9; Specific Relief Act, 1963; Code of Civil Procedure (CPC) - Order 39, Rules 1, 2 and 3 - Order 43, Rule 1

Reported in : 2009(4)BomCR220; 2009(111)BomLR2348; 2009(4)MhLj859

specific relief. The two principal varieties of specific relief are, decree of specific performance and the injunction. The Specific Relief Act, 1963 was intended to be 'an Act to define and amend the law relating to certain kinds of specific … arbitral proceedings or at any time after making an arbitral award but before its enforcement in accordance with Section 36, apply to Court for several reliefs and more particularly, those enumerated in Sub-clause (i) and (ii) of Section

Yeshwantrao Martandrao Mukane Since Deceased Through His Legal Represe ...

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 53(A); Specific Relief Act, 1963 - Sections 14 and 41; Specific Relief Act, 1963 - Sections 36, 37 and 38;

Reported in : 1986(1)BomCR533

part performance - Section 53A of Transfer of Property Act, 1882 and Sections 26 and 41 (h) of Specific Relief Act, 1963 - suit for injunction against defendant from disturbing possession of plaintiff - claimed that possession given under agreement … Act clearly confer a discretion on the Court in this regard so as to extend preventive reliefs. Particularly, section 36 of the Specific Relief Act declares that preventive relief of such a kind is granted at the discretion

State of Haryana Vs. State of Punjab and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Punjab Reorganisation Act, 1996 - Sections 78 and 78(1); Constitution of India - Articles 14, 32, 131, 142, 142(1), 143, 144, 145(3), 262, 262(2), 246(3) and 356; Inter-State Water Disputes Act, 1956 - Sections 2, 3, 4(1), 4(2), 4(3), 5(2), 5(3), 5(4), 5A to 13 and 14; Code of Civil Procedure (CPC) - Sections 11, 15, 20 and 51 - Order 23, Rules 1 and 32; Supreme Court Rules, 1966 - Order 23, Rule 6 - Order 32, Rules 1, 2 and 3 - Order 47, Rule 6; Commission of Inquiry Act, 1952; Specific Relief Act, 1963 - Sections 36 to 42; Supreme Court (Decrees and Orders) Enforcement Order, 1954

Reported in : JT2004(5)SC72; 2004(6)SCALE75; (2004)12SCC673

as to the nature of this form of equitable relief. An injunction may be permanent (perpetual) or temporary Specific Relief Act, 1963 Section 36. A permanent injunction is final and conclusive of the facts in the context of which the injunction is