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Shakuntala Devi and ors. Vs. Chamru Mahto and anr.
Supreme Court of India
Feb-10-2009
Criminal
Specific Relief Act, 1963 - Sections 4 and 6; Limitation Act - Shedule - Article 137; Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 145, 145(1), 145(4), 145(6), 397(3) and 482
AIR2009SC2075; 2009(57)BLJR968; 2009CriLJ1770; JT2009(3)SC502; RLW2009(3)SC2736; (2009)3SCC310; 2009(2)LC745(SC):2009AIRSCW1896:2009(3)KCCR2138
by limitation under Article 137 of the Limitation Act and also by virtue of Section 6 of the Specific Relief Act, 1963. We are in agreement with Mr. Sanyal that the provisions of the Specific Relief Act had been misapplied … for quashing of the order passed by the Additional Sessions Judge, Khagaria, on 6.1.2006. Mr. Sanyal urged that Section 4 of the Specific Relief Act makes it quite clear that the provisions of the Act would be available
Tag this Judgment! AI Brief & AskBai Dahi Vs. Amulakhbhai Gambhirbhai Barot
Gujarat
Oct-25-1972
PropertyCivil
Specific Relief Act, 1963 - Sections 4, 6 and 6(2); Limitation Act, 1963 - Sections 29 (2); Bombay Rent Act - Sections 28
AIR1974Guj106; (1973)GLR801
the section.10. The next argument of Mr. Zaveri is that in the context of Section 5 of the Specific Relief Act. 1963, Section 6 provides a special remedy which is fettered by a special condition. This analysis made by Mr. Zaveri. … 8th January. 1968 the City Civil Court was closed. The question which has, therefore, been raised is whether Section 4 of the Limitation Act, 1963 applies to such a suit, Section 4 provides thus :'Where the prescribed period
Tag this Judgment! AI Brief & AskAtmaram Panduji Tidke Vs. Prabhawatibai Dattatraya Pakode and ors.
Mumbai
Jan-07-1970
Property
Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 36, 100, 100(2), 100(12), 120, 124, 125 and 145; Specific Relief Act, 1963 - Sections 6; Code of Criminal Procedure (CrPC) , 1898 - Sections 145, 145(4) and 145(6); Tenancy Laws; Madhya Pradesh Land Revenue Code - Sections 250 and 257
AIR1971Bom148; (1971)73BOMLR470; 1970MhLJ805
of the applicant, it is necessary to consider the scope of a suit under S. 6 of the Specific Relief Act. 1963. It is a suit by a person dispossessed of immovable property within a period of six months prior … result, the civil revision application is dismissed with costs. 11. Revision application dismissed. Specific Belief Act (47 of 1963), Section 6 - Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act (Bom. 99 of 1958), Section 124--Criminal Procedure Code … wife, the plaintiff, are not on good terms with each other. On 4th May 1966 Atmaram served a notice on Dattatraya asking him to restore
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
L. Venkata Krishna Reddy (Died) and ors. Vs. M. Anjappa (Died) Per L.R ...
Andhra Pradesh
Apr-29-2009
Contract
Specific Relief Act, 1963 - Sections 28; Limitation Act - Sections 5 - Scheduled - Article 54; Code of Civil Procedure (CPC) - Sections 115 - Order 9, Rule 13 - Order 21, Rule 32
AIR2009AP179; 2009(15)ALT599
execution petition on that ground alone. It is also contended that in view of Section 28 of the Specific Relief Act, 1963, the Court below ought to have held that the contract was deemed to have been rescinded on the … Rs. 2,50,000/- of Rs. 2,50,000/- and necessary registration charges in the Court.3. Pursuant thereto, the plaintiffs 2 to 4 (respondents 2 to 5 herein) along with respondents 6 to 24 who are the legal representatives of the
Tag this Judgment! AI Brief & AskKalidas Mondal Vs. Abdul HosseIn and anr.
Kolkata
Apr-22-2003
CivilLimitation
Specific Relief Act, 1877 - Section 9(2); ;Specific Relief Act, 1963 - Section 6, 6(1) and 6(4); ;Limitation Act, 1859 - Section 15; ;Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2
(2003)3CALLT253(HC)
the revisional application. He drew my attention to the provisions of Sub-section (4) of Section 6 of the Specific Relief Act, 1963 and argued that although a decree has been passed in Title Suit No. 174 of 1979, but as
Tag this Judgment! AI Brief & AskState Bank of India and ors. Vs. S.N. Goyal
Supreme Court of India
May-02-2008
Service
Specific Relief Act, 1963 - Sections 14; Industrial Disputes Act, 1947; State Bank of India Act, 1955 - Sections 43(1); State Bank of India Officers Service Rules - Rules 50(4), 67 and 68(3); Code of Civil Procedure (CPC) - Sections 100 and 152 - Order 11 - Rules 1, 1(1), 1(3), 3, 12 and 15 - Order 20 - Order 42, Rules 1 and 2; Constitution of India - Articles 309 and 311
AIR2008SC2594; [2008(117)FLR967]; JT2008(6)SC398; (2008)IIILLJ567SC; 2008(7)SCALE415; (2008)8SCC92; 2009(1)SLJ403(SC); 2008AIRSCW4355; 2008LABIC3514; 2008AIRSCW4355; 2008LABIC3514; 2008-III-LLJ-567; [2008] 7 SCR 631; AIR2008SC259447
amounted to granting specific performance of a contract of personal service which is barred by Section 14 of Specific Relief Act, 1963?(ii) In the absence of a pleading that the order imposing penalty was invalid because the Appointing Authority acted … Bank of India) against the judgment dated 11.12.2003 of the Punjab & Haryana High Court in R.S.A. No. 4184 of 2002.2. A charge-sheet dated 28.4.1994 was issued by the Appellant Bank to the respondent alleging that when
Tag this Judgment! AI Brief & AskUttar Pradesh State Bridge Construction Corporation Limited Vs. Bangal ...
Karnataka
Jun-22-2005
CivilContract
Companies Act, 1956; ;Constitution of India - Articles 12, 14 and 226; ;Specific Relief Act, 1963 - Sections 4, 10 and 14;
2005(3)ARBLR254(Kar); 2005(2)CTLJ451(Kar); 2005(5)KarLJ112
the contract of building, which is a contract which cannot be specifically enforced under Section 14 of the Specific Relief Act, 1963. As regards the learned Single Judge directing the parties to take recourse to arbitration, it was submitted that … mentions that the documents enclosed to it form part of the contract of agreement and we find that Section 4 of Part 1 of Volume II of the tender document refers to special conditions of contract. The said
Tag this Judgment! AI Brief & AskPrag Datt Vs. Smt. Saraswati Devi and anr.
Allahabad
Jul-08-1981
PropertyContract
Specific Relief Act, 1963 - Sections 9, 16 and 20(4); Transfer of Property Act, 1882 - Sections 58; Contract Act, 1872 - Sections 2; Code of Civil Procedure (CPC) , 1908
AIR1982All37
that the plaintiffs-respondents having failed to comply with the requirements of law contained in Section 16(c) of the Specific Relief Act, 1963 and Form 47 contained in Appendix A of Civil P. C., the suit should have been dismissed in … S.J. Hyder, J. 1. Har Vallabh plaintiff-respondent No. 2, was the Bhumidhar of plot No. 417 measuring 1-20 acres. The said plot is situated in village Kandeshi Pachar, District Etawah. On July 29, 1964,
Tag this Judgment! AI Brief & AskS.K. Kochar Vs. Nimmi Singh and ors.
Delhi
May-01-1997
PropertyContract
Specific Relief Act, 1963 - Sections 20 and 21; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 1 - Order 22, Rule 1 - Order 23, Rule (4); Contract Act, 1872; Foreign Exchange Regulation Act, 1973 - Sections 31
1997VAD(Delhi)213; 68(1977)DLT914
could not get exemption under the Urban Land (Ceiling and Regulation) Act, 1976.(69) Under Section 20 of the Specific Relief Act, 1963 it is purely a discretion of the Court either to grant or reject the relief of specific performance … Purchaser own claim for refund or can have the amount paid refunded at any time he likes. Clause 4 reads as under : Clause4-That the Vendor hereby undertakes that he shall within ninety days after getting the
Tag this Judgment! AI Brief & AskSurendra Kumar Vs. Amarjeet Singh and ors.
Allahabad
May-07-2004
Property
Registration Act, 1908 - Sections 17, 17(2) and 49; Transfer of Property Act, 1882 - Sections 4 and 54; Specific Relief Act, 1963 - Sections 14
AIR2004All335; 2004(4)AWC3134
No. 2 to 12, was a concluded contract which did not require registration and, was enforceable under the Specific Relief Act, 1963?'10. Heard Sri Pramod Kumar Jain, the learned counsel for the appellant assisted by Sri Gaurav Jain, Advocate and … Section 17(2)(v) of the Registration Act has been inserted by U.P. Act No. 57 of 1976 w.e.f. 1-1-77.22. Section 4 of the Transfer of Property Act reads as under :'Section 4, Enactments relating to contracts to be taken
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