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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 … 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 that damages may be awarded either in lieu of

S.R.Trust and ors. Vs. S.Ramesh

Court : Chennai

Subject : Civil

Acts : Specific Relief Act 1963 - Section 39; Code of Civil Procedure (CPC) 1908 - Order 39 Rules 1, 2

because reasons were given subsequently - Subsequent order giving reasons would bear the same date of original order. Specific Relief Act 1963 - Section 39 - Civil Procedure Code 1908 - Order 39 Rule 1 and 2 - Mandatory injunction

Star India Private Limited Vs. Indus Ind Media and Communications Limi ...

Court : Andhra Pradesh

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 39

Reported in : AIR2003AP473

illegality or irregularity in the impugned order.13. It is to be seen that under Section 39 of the Specific Relief Act, 1963 (for short 'the Act') a mandatory injunction could be granted when it is necessary to compel the performance

E.P. George Vs. Thomas John

Court : Kerala

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 39; Easements Act, 1882 - Sections 52 and 63

Reported in : AIR1984Ker224

will have to sue for recovery of possession and a suit for a mandatory injunction under Section 39, Specific Relief Act, 1963, will not be the remedy.'The learned Judges followed Milka Singh v. Diana, AIR 1964 J & K 99,

Sri Subramanya Sri Devara Bhandram Vs. Srinivasa Rao

Court : Karnataka

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 … injunction granted by the Trial Court to the following effect: -'The application filed by the plaintiff under Order 39 Rules 1 and 2 C.P.C. (I.A.II) is hereby allowed with costs. It is hereby further ordered that the

Gail (i) Ltd. Vs. Bal Kishan Agarwal Glass Industries Ltd.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 8 and 9; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 11; Specific Relief Act, 1963 - Sections 10, 17 and 39

Reported in : 2008(3)ARBLR228(SC); JT2008(9)SC57; 2008(11)SCALE223; (2008)8SCC161; 2008AIRSCW5559

to consider application under Section 17 of the Arbitration and Conciliation Act, 1996 for interim arrangement expeditiously. -- SPECIFIC RELIEF ACT, 1963. Section 39; Contract for supply of gas On expiry of term, suit filed for renewal of contract without condition of

Shambhu Prasad Vs. Smt. Shamim Jahan

Court : Allahabad

Subject : Civil

Reported in : 2008(4)AWC3215

suit and recording finding in favour of the plaintiff on the necessary requirement of Section 16(c) of the Specific Relief Act, 1963. It is submitted that the terms of agreement are very specific and it is one of those cases … execute the sale deed.C. Whether the courts below have omitted to consider the effect of the provision of Section 39 and Section 55 of the Contract Act and ignored to consider that because of the failure of the

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. … 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 that damages may be awarded either in lieu of

Arjan Singh Vs. Punit Ahluwalia and ors.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Indian Contract Act, 1872; Specific Relief Act, 1963 - Sections 19 and 20; Transfer of Property Act - Sections 52; Advocates Act; Code of Civil Procedure (CPC) - Sections 94, 96 and 151 - Order 23, Rule 3 - Order 39, Rule 2A

Reported in : 2008(4)AWC3352(SC); JT2008(6)SC618; 2009(2)MhLj13; RLW2008(4)SC3236; (2008)8SCC348; 2008AIRSCW4534

its discretionary jurisdiction in one of the suits or the other, having regard to Section 20 of the Specific Relief Act, 1963. By reason of a compromise or otherwise, the claim of the appellant could not have been defeated. When … was any breach of the order of injunction, the consequence thereof having been provided in terms of Order 39 Rule 2A of the Code of Civil Procedure, thus, the court could have taken recourse only thereto, thus,

Bashir Ahmad Vs. Menhdi Hasan

Court : Allahabad

Subject : ContractLimitation

Acts : Limitation Act, 1963 - Schedule - Articles 135 and 136; Specific Relief Act, 1963 - Sections 37, 37(2), 38, 38(3) and 39

Reported in : AIR1982All321

in cases enumerated in Sub-section (3) of Section 38 of the Act. Mandatory injunction is dealt with in Section 39 of the Specific Relief Act which says that when, to prevent the breach of an obligation, it is … reliefs for the grant of a mandatory injunction or perpetual injunction. Sub-section (2) of Section 37 of the Specific Relief Act stipulates that by perpetual injunction the defendant is perpetually enjoined from the assertion of a right, or from … revisionist, it would be appropriate to reproduce here Articles 135 and 136 of the Schedule to the Limitation Act, 1963:--'135. For the en-forcement of a decree granting a mandatoryinjunction.Three years The date of the decree or, where a