Skip to content

Advanced Search Results

Act1: specific relief act 1963 section 38 · Page 1 of about 2,781 results (0.123 seconds)

Pulse this search Log in to save a LexPulse alert for this search

AI Studio

AI Brief on every result

Start a 7-day free trial - 18-section briefs and case chat on any judgment in these results, plus Semantic Search on your next query.

Nov 27 1995

Sri Subramanya Sri Devara Bhandram Vs. Srinivasa Rao

Court : Karnataka

Decided on : Nov-27-1995

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Specific Relief Act, 1963 - Sections 37, 38 and 41

Reported in : 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 … 1(a) of Section 14 of the Specific Relief Act. He submitted that this Section should be read alongwith Section 38(2) of the Act. Sri Shetty submitted that perusal of the Agreement on the basis of which the suit

Tag this Judgment! AI Brief & Ask

Jul 10 2007

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

Court : Supreme Court of India

Decided on : Jul-10-2007

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 … provides that preventive relief may be granted at the discretion of the court by injunction temporary or perpetual. Section 38 indicates when perpetual injunctions are granted and Section 39 indicates when mandatory injunctions are granted. Section 40 provides

Tag this Judgment! AI Brief & Ask

Mar 27 2008

Municipal Council, Udaipur Vs. Mahendra Kumar

Court : Supreme Court of India

Decided on : Mar-27-2008

Subject : Property

Acts : Rajasthan Rent and Premises (Control of Rent Eviction) Act, 1950; Transfer of Property Act, 1882 - Sections 106; Specific Relief Act, 1963 - Sections 38; Rajasthan Municipality Act, 1959

Reported in : AIR2008SC2507; 2008(2)AWC1754(SC); (SCSuppl)2008(3)CHN31; JT2008(4)SC430; (2008)4MLJ803(SC); 2008(4)SCALE825; 2008AIRSCW3469; 2008(4)LH(SC)2343; 2008(2)KCCRSN125

exercise by 10% is not proper as clause itself permits issue of orders from time to time. -- SPECIFIC RELIEF ACT, 1963. Section 38; Suit for permanent injunction by Licensee to restrain licensor from increasing rent of suit shop License period had

Tag this Judgment! AI Brief & Ask

18-section briefs on any result in this list

Mar 03 1986

Bajaj Tempo Limited and Vs. Pimpri-chinchwad New Township Municipal Co ...

Court : Mumbai

Decided on : Mar-03-1986

Subject : Other Taxes

Acts : Maharashtra Village Panchayat Taxes and Fees Rules, 1960 - Rules 11 and 13; ;Maharashtra Municipalities Act, 1965 - Sections 304; Specific Relief Act, 1963 - Sections 38

Reported in : 1986(2)BomCR321

ambit of sub-section (4) of section 304 of the Municipalities Act being suits under section 38 of the Specific Relief Act, 1963 and, therefore, notice under section 304 was not required to be served on the defendants and (iii) in

Tag this Judgment! AI Brief & Ask

Jan 18 1999

P. Buchi Reddy and Others Vs. Ananthula Sudhakar

Court : Andhra Pradesh

Decided on : Jan-18-1999

Subject : ContractProperty

Acts : Transfer of Property Act, 1882 - Sections 41, 122 and 123; Registration Act, 1908 - Sections 17; Specific Relief Act, 1963 - Sections 38; Adoptions and Maintenance Act, 1956 - Sections 3

Reported in : 1999(2)ALD327; 1999(2)ALT192

resist interference from another who has no better title than himself and get injunction. Section 38 of the Specific Relief Act, 1963 deals with the grant of perpetual injunction. Under sub-section (3) of Section 38 a perpetual injunction may be

Tag this Judgment! AI Brief & Ask

Dec 04 2006

Ramji Rai and anr. Vs. Jagdish Mallah (Dead) Through L.Rs. and anr.

Court : Supreme Court of India

Decided on : Dec-04-2006

Subject : Property

Acts : Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; Specific Relief Act, 1963 - Sections 38

Reported in : AIR2007SC900; 2007(3)ALLMR(SC)371; [2007(2)JCR236(SC)]; 2006(13)SCALE328

had failed to prove that they were in possession of the disputed lands. Under Section 38 of the Specific Relief Act, 1963 an injunction restraining disturbance of possession will not be granted in favour of the plaintiff who is not

Tag this Judgment! AI Brief & Ask

Jan 09 1974

Raman Hosiery Factory, Delhi and ors. Vs. J.K. Synthetics Ltd. and ors ...

Court : Delhi

Decided on : Jan-09-1974

Subject : Contract

Acts : Code of Civil Procedure (CPC), 1908 - Sections 38 - Order 39, Rule 2; Specific Relief Act, 1963 - Sections 38; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 37; Restrictive Trade Practices Act, 1956 - Sections 20

Reported in : AIR1974Delhi207; [1975]45CompCas374(Delhi)

their manufacturing unit.6. The grant of perpetual injunctions is governed by the provisions in Chapter Viii of the Specific Relief Act, 1963. The grant of temporary injunctions is regulated by the Code of Civil Procedure. Section 38 of the Specific

Tag this Judgment! AI Brief & Ask

Oct 29 1998

Crompton Greaves Limited Vs. Hyundai Electronics Industries Co. Limite ...

Court : Delhi

Decided on : Oct-29-1998

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 38, 41 and 42

Reported in : 1(1999)CLT25; 76(1998)DLT733; 1999(48)DRJ754

provisions of Section 38 and the rules and provisions contained in Chapter II and Section 41 of the Specific Relief Act, 1963. Mr. Oberoi also submitted that since the plaintiff is not entitled to the main reliefs by way of

Tag this Judgment! AI Brief & Ask

Aug 19 2005

Putlabai Vs. Vaijnath and ors.

Court : Karnataka

Decided on : Aug-19-2005

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 38

Reported in : AIR2005Kant419; ILR2005KAR5155; 2005(6)KarLJ369

this Court in B.P. Sadashivaiah v. Parvathamma that in view of the provisions of Section 38 of the Specific Relief Act, 1963, the question as to whether the suit for bare injunction can be filed without seeking for declaration of

Tag this Judgment! AI Brief & Ask

Mar 12 1984

State Bank of Bikaner and Jaipur Vs. Firm Ballabh Das and Sons

Court : Rajasthan

Decided on : Mar-12-1984

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 38; Contract Act, 1872 - Sections 176; Rajasthan Court Fees and Suits Valuation Act, 1961 - Sections 23(1) and 26

Reported in : AIR1984Raj107; 1984()WLN141

the relief of perpetual injunction against the Bank or for the specific performance of any contract. Section 38. Specific Relief Act. 1963, lays down, inter alia, that perpetual injunction may be granted to prevent the breach of an obligation existing

Tag this Judgment! AI Brief & Ask

AI Brief (18 sections) + Semantic Search - 7 days free

  • ‹ Prev
  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial