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Smt. Krishnabai C. Kadam and Others Vs. Wellworth Developers and Other ...
Mumbai
Apr-27-2000
Property
Specific Relief Act, 1963 - Sections 16, 29 and 37; Code of Civil Procedure (CPC), 1908 - Orders 6, 7 and 39, Rules 1, 2, 7 and 16; Income Tax Act, 1961; Indian Contract Act, 1872 - Sections 65
AIR2001Bom9; 2000(4)ALLMR200; 2000(4)BomCR757; 2000(4)MhLj532
the matter must be examined in the light of Specific Relief Act. The Apex Court had referred to section 37 of the Act of 1877 (corresponding to section 29 of the 1963 Act). It reads as follows :--- … dissolved and the accounts be made etc. 15. Mr. Divan drew my attention to section 29 of the Specific Relief Act, 1963, in this behalf and submitted that a plaintiff who institutes a suit for specific performance may in the
Tag this Judgment! AI Brief & AskDoshi Mohanlal Durlabhji Vs. Savarkundla Municipality
Gujarat
Mar-26-1981
PropertyContract
Specific Relief Act, 1963 - Sections 37, 38 and 41; Gujarat Municipalities Act, 1964 - Sections 65 and 66
AIR1982Guj6; (1982)1GLR290
to be considered whether the plaintiff can get an injunction. Under the provisions of Sec 37 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act'), the modes of granting temporary and perpetual injunctions 'are given. Sub-section (1)
Tag this Judgment! AI Brief & AskSarala Devi and ors. Vs. Daya Ram and ors.
Delhi
Sep-08-1995
ContractCivil
Code of Civil Procedure (CPC), 1908 - Order 37; Indian Contract Act, 1872 - Sections 37; Specific Relief Act, 1963 - Sections 15
60(1995)DLT3; 1995(35)DRJ36
compensation for the land in question.(7) It may be noted that under sections 15(b) and 19(b) of the Specific Relief Act, 1963 (which correspond to old sections 23 (6) and 27(b) of Specific Relief Act,1877) the representative in interest of … Judge in I.A.9565/94 in Suit No.1518/94 whereby the suit filed under Order 37 Civil Procedure Code has been treated as an ordinary regular suit. The … obtained within the time specified in the agreement. In the meantime on June 6, 1991 a notification under section 4 of the Land Acquisition Act, 1894 was issued in respect of the land in question. This was
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Sri Subramanya Sri Devara Bhandram Vs. Srinivasa Rao
Karnataka
Nov-27-1995
Civil
Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Specific Relief Act, 1963 - Sections 37, 38 and 41
ILR1996KAR1485
it also seems that the attention of the learned Judge was not directed towards Section 41(h) of the Specific Relief Act, 1963 which lays down that an injunction, which is a discretionary equitable relief, cannot be granted when an equally … Agreement.4. I have applied my mind to the contentions advanced by the learned Counsel for the parties. That Section 37 of Specific Relief Act provides that temporary injunctions are such as are to continue until a specified time
Tag this Judgment! AI Brief & AskCotton Corporation of India Limited Vs. United Industrial Bank Limited ...
Supreme Court of India
Sep-19-1983
BankingCommercial
Specific Relief Act, 1963 - Sections 37 and 41; Code of Civil Procedure (CPC), 1908 - Sections 9 and 151 - Order 39; Companies Act, 1956 - Sections 433 and 434; Companies (Court) Rules, 1959 - Rules 95 and 96
AIR1983SC1272; (1983)85BOMLR481; [1984]55CompCas423(SC); (1983)3CompLJ171(SC); 1983(2)SCALE324; (1983)4SCC625; [1983]3SCR962; (1984)55SCC423; MANU/SC/0375/1983
the Court has such powers in view of the provisions contained in 0.39 of the CPC read with Section 37 of the Specific Relief Act, 1963 or in exercise of the inherent powers of the Court under Section … examine in this appeal is : Whether in view of the provision contained in Section 41(b) of the Specific Relief Act, 1963 ('Act' for short), the Court will have jurisdiction to grant an injunction restraining any person from instituting any
Tag this Judgment! AI Brief & AskOrissa Manganese and Minerals (Pvt.) Ltd. Vs. Adhunik Steel Ltd.
Orissa
Mar-18-2005
ContractCivil
Arbitration and Conciliation Act, 1996 - Sections 9, 37 and 37(1); Indian Contract Act - Sections 10, 23 and 73; Specific Relief Act, 1963 - Sections 14, 14 and 14(3); Income Tax Act, 1961; Mineral Concession Rules, 1960 - Rules 30, 37 and 37(1)
AIR2005Ori113
Rules, 1960 and therefore such an agreement is illegal and cannot be enforced.(ii) Under Section 14 of the Specific Relief Act, 1963, the agreement dated 14-5-2003 is not enforceable as it is terminable.(iii) The agreement dated 14-5-2003 cannot also be … L. Mohapatra, J.1. This appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter called as the 'Act') is directed against the order dated
Tag this Judgment! AI Brief & AskSouth India Wire Ropes Ltd. a Company Registered Under the Companies A ...
Karnataka
Sep-29-2006
Civil
Specific Relief Act, 1963 - Sections 36, 37, 37(2), 38, 38(2), 38(3) and 41; Contract Act, 1872 - Sections 128
AIR2007Kant59; ILR2007(1)KarSN10:2007(1)KCCRSN19:2007(1)AIRKarR267
nature does not lie in view of the provisions of Section 38 read with Section 41 of the Specific Relief Act, 1963 [for short, the Act).20. Sri Sriranga, learned Counsel for the first respondent-plaintiff, who has contested this appeal, and … consequential relief of injunction being granted to restrain the bank from honouring the bank guarantee. In terms of Section 37 of the Act, particularly, Sub-section (2) of Section 37, under which a perpetual injunction can only be granted
Tag this Judgment! AI Brief & AskSmt. Sarojdevi and ors. Vs. Charushil and ors.
Mumbai
Apr-03-1986
Contract
Specific Relief Act, 1963 - Sections 15 and 16; Contract Act, 1872 - Sections 37 and 45; Code of Civil Procedure (CPC) , 1908 - Order 22, Rules 1, 2, 3, 3(1), 3(2) and 11; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Order 1, Rule 9
AIR1986Bom315; 1986MhLJ745
Relief Act, 1887, has been repealed by the Specific Relief Act of 1963 and Section 13, of the Specific Relief Act, 1963, corresponds with Section 23 of the repealed Act. It was, therefore, contended by the learned counsel for the … law to find out whether the right to sue survives in the case of joint and indivisible property. Section 37 of the Indian Contract Act deals with obligation of parties to contract. Section 37 reads as under :'The
Tag this Judgment! AI Brief & AskMr. Guna Krishna Gauns and Mrs. Lakshimi Guno Gauns Vs. Mr. Antonio Jo ...
Mumbai
Dec-15-2008
Property
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
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 … the defendant No. 1 was conditional and therefore contrary to Section 38 of the Indian Contract Act, 1872.12. Section 37 of the Contract Act deals with obligation of parties to contract and states that the parties to a
Tag this Judgment! AI Brief & AskMunisettappa and Others Vs. Krishnappa and Anothers
Karnataka
Jan-08-1992
ContractProperty
Specific Relief Act, 1963 - Sections 15, 23 and 27 ; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 1 and 3; Indian Contract Act, 1872 - Sections 37; Specific Relief Act, 1877 - Sections 23; Constitution of India - Article 141; Pre-emption Act, 1913 - Sections 15
AIR1992Kant375; ILR1992KAR1174; 1992(2)KarLJ189
contended that this view taken by the learned Civil Judge is directly opposed to Section 15(b) of the Specific Relief Act, 1963 and also the law declared by the Supreme Court in the decision reported in the case of Ram … money in good faith and without notice of the original contract;' Reference should also be made to Ss. 37 and 40 of the Indian Contract Act which are to the following effect: '37. The parties to a
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