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Chandra Bhan Singh Vs. Sheo Shankar (Deceased Lr) and ors.

Court : Allahabad

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 40 and 40(2)

Reported in : AIR1984All92

in the plaint in accordance with the rule laid down under Sub-section (2) of Section 40 of the Specific Relief Act, 1963. The Court allowed the plaintiffs an opportunity to amend the plaint under the proviso to that provision, but

Jagdish and ors. Vs. Har Sarup

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 6, Rule 17; Specific Relief Act, 1963 - Sections 40 and 40(2); Limitation Act, 1963 - Sections 5

Reported in : AIR1978Delhi233; 14(1978)DLT66; 1978RLR266

One of the Pleas was that the suit was not maintainable in view of S. 41(h) of the Specific Relief Act, 1963 (Act No. 47 of 1963). The trial court came to the conclusion that since equally efficacious remedy of … not claimed damages this relief was prohibited by sub-section (2) of S. 40 of the Act. The suit was, thereforee, dismissed. 3. The Plaintiff filed … may, if it thinks fit, award such damages. (2) No relief for damages shall be granted under this section unless the plaintiff has claimed such relief in his plaint: Provided that where no such damages have been

V.R. Nathan Vs. Mac Laboratories (P.) Ltd.

Court : Chennai

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 40(2); Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17

Reported in : AIR1975Mad189; (1975)1MLJ119

be prepared to pay the court-fee within a week.7. The amendment petitions are based on the proviso to Section 40 of the Specific Relief Act, 1963. The section itself may be quoted here in full:'40. Damages in lieu … distributing the products otherwise than to the plaintiff could be granted in view of Section 42 of the Specific Relief Act. 1963 (corresponding to Section 57 of Act. 1877). He further submitted that it was extraordinary that the trial Judge

M. Muthamma Vs. E. Anantha Lakshmi Bai and anr.

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Specific Relief Act, 1963 - Sections 40

Reported in : 2004(2)ALD762; 2004(4)ALT435

compensation payable in lieu of the relief of mandatory injunction in the light of Section 40 of the Specific Relief Act, 1963?2. Submissions at length were made by Sri Sunder Rajan and Sri Vilas Afzulpurkar, Counsel representing the respective parties

M.M.S. Investments Through Its Managing Director and 4 Others Vs. V. V ...

Court : Chennai

Subject : ContractProperty

Acts : Specific Relief Act, 1963 -- Sections 16, 19 and 20; Transfer of Property Act, 1882 -- Sections 40, 52 and 54; Code of Civil Procedure (CPC),1908 -- Order 1, Rule 10 -- Order 22, Rule 10(1); Indian Contract Act, 1872

Reported in : 2000(1)CTC538; (2000)IIMLJ59

prior to the filing of the suit is concerned, there is nothing either under the provisions of the Specific Relief Act, 1963 or the Indian Contract Act or any common law principle which would disentitle him to plead that the … against all subsequent alienees who had notice of the agreement and who had not acted in good faith. Section 40 of the Transfer of Property Act also recognises similar rights. But no disability is cast upon a subsequent

Mahabir and anr. Vs. Smt. Dayawati

Court : Allahabad

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 39 and 40; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : AIR1977All393

and not on the basis of special damages. Damages in lieu of injunction can be granted interms of Section 40 of the Specific Relief Act, 1963. That provides:'(1) The plaintiff in a suit for perpetual Injunction under Section … open air upto a reasonable height. The present projection is within the reasonable height. Section 39 of the Specific Relief Act, 1963, is in the same terms as Section 55 of the Specific Relief Act, 1877, Section 55 of that

Singilidevi Veera Venkata Ananthalakshmi and anr. Vs. Bhamidipati Seet ...

Court : Andhra Pradesh

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 21(5) and 40(2); Land Acquisition Act - Sections 31(2); Constitution of India - Article 227

Reported in : 2004(1)ALD51

the CRP is allowed. No costs. Civil - specific relief - Sections 21 (5) and 40 (2) of Specific Relief Act, 1963, Section 31 (2) of Land Acquisition Act and Article 227 of Constitution of India - civil revision petitions filed

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 … 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 or in addition to injunctions. Section 41 provides

Smt. Budda Adeyyamma W/O Jaggarao Vs. Kandregula Simhachalam S/O Pedda ...

Court : Andhra Pradesh

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 15, 16 and 20; Specific Relief Act, 1877 - Sections 23; Indian Contract Act - Sections 40

Reported in : 2009(2)ALT196

issue framed, the trial Court also considered the aspect of readiness and willingness under Section 16(c) of the Specific Relief Act, 1963 (for short 'the Act') and held that the seventh defendant had failed to prove that he was ready … in accordance with the principle .and the policy under Section 15(b) of the Specific Relief Act read with Section 40 of the Indian Contracts Act and as such deserve to be answered in favour of the appellant.19. So

Prabir Kumar Das and ors. Vs. Amulya Bhushan Paul

Court : Guwahati

Subject : ContractProperty

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002; Tripura Land Revenue and Land Reforms Act, 1960; Transfer of Property Act, 1882 - Sections 3, 6, 14, 40 and 54; Specific Relief Act, 1877 - Sections 23, 23(6) and 27; Specific Relief (Amendment) Act, 1963 - Sections 15 and 16; Code of Civil Procedure (CPC) - Sections 100A; Indian Law

property can be specifically enforced by an assignee brings us to the provisions of Section 15 of the Specific Relief Act, 1963, which reads as follows :'15. Who may obtain specific performance. - Except as otherwise provided by this Chapter, … something more than 'a mere right to sue', one has also to bear in mind the provisions of Section 40 of the TP Act, which run as follows :-'40. Where, for the more beneficial enjoyment of his own