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A.N. Paramkusha Bai Vs. K. Krishna and Another

Court : Andhra Pradesh

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2; Specific Relief Act, 1963 - Sections 5, 6(4), 9, 13, 40, 41, 42, 43, 163 and 326; Specific Relief Amendment Act, 1877 - Sections 42

Reported in : 2000(4)ALD159; 2000(2)ALT341

wherein this Court had an occasion to consider Section 6(4) of the Specific Relief Act, which reads as under:'Specific Relief Act. 1963, Section 6 sub-section (4) - Person in possession of property is entitled to seek temporary injunction pending suit … with his possession. The judgment in a case under Section 9, Specific Relief Act does not come under Section 41 nor under Section 42, Evidence Act and it is relevant only under Section 13 and Sections 40 and

Paramound Industries Vs. C.M. Malliga

Court : Karnataka

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 21 Rules 35(1), 97 to 101, 103 and 104; Karnataka Rent Control Act, 1961 - Sections 21; Specific Relief Act, 1963 - Sections 41

Reported in : ILR1991KAR254; 1990(3)KarLJ437

relying upon the decision in Mohammed Hashim's case and also on the provisions of Section 41(b) of the Specific Relief Act, 1963, held that the order of temporary injunction passed by the Court below was without jurisdiction. A temporary injunction

Aristo Printers Pvt. Ltd. Vs. Purbanchal Erade Centre, Guwahati

Court : Guwahati

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 1; Negotiable Instruments Act, 1881 - Sections 138; Specific Relief Act, 1963 - Sections 41

a moment and referred to the provisions of Order 39, Rule 1, C.P.C. and Section 41 of the Specific Relief Act, 1963. If these provisions, in particular the provisions of Section 41, had been adverted to, perhaps the lower Court

Rani Mohanraj and anr. Vs. P. Rajarathinam

Court : Chennai

Subject : Civil

Acts : Constitution of India - Article 227; Specific Relief Act, 1963 - Sections 41; Police Act, 1861 - Sections 23

Reported in : AIR1999Mad448

case in hand falls squarely under Clause (b) as well as Clause (d) of Section 41 of the Specific Relief Act, 1963. The lower Court in which the civil suit is pending and the criminal Court in which the appellant

Udyog Mandir Vs. Contessa Knit Wear and ors.

Court : Mumbai

Subject : Trusts and SocietiesProperty

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28; Maharashtra Co-operatives Societies Act, 1961 - Sections 91; Specific Relief Act, 1963 - Sections 41

Reported in : AIR1975Bom158; (1974)76BOMLR735; 1975MhLJ56

the learned Counsel for the petitioner- society, relied in support of his argument on Section 41 of the Specific Relief Act, 1963 which, in so far as is material, is as under:-'41. An injunction cannot be granted ............ (b) to

Delhi Jal Board Vs. Dr. Anil Kumar

Court : Delhi

Subject : Civil

Acts : Specific Relief Act, 1963 - Section 41(h)

03.07.2006, the suit of the plaintiff had been dismissed on the applicability of Section 41 (h) of the Specific Relief Act, 1963; the court was of the view that the suit (which was a suit seeking his salary dues on

Shaikh Sikandar Sk. Haidar and ors. Vs. Saraswati Education Society an ...

Court : Mumbai

Subject : Property

Acts : Bombay Public Trusts Act - Sections 36(1); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18 and 29; Specific Relief Act, 1963 - Sections 41; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13(4), 34 and 35; Income Tax Act, 1961; Income Tax (Certificate Proceedings) Rules, 1962; Code of Civil Procedure (CPC) - Sections 47 and 94 - Order 39, Rules 1 and 2

Reported in : 2007(1)ALLMR836; 2007(4)BomCR387; 2007(4)MhLj185

Recovery Tribunal's order/decree or execution thereof by way of a suit is not maintainable. Section 41(b) of the Specific Relief Act, 1963 bars such relief, as well that alternate remedy of damages is available to the plaintiffs etc.The Trust as

Jhummamal Vs. Motilal and ors.

Court : Madhya Pradesh

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 145(6) - Order 39, Rule 1; Code of Criminal Procedure (CrPC) - Sections 145; Specific Relief Act, 1963 - Sections 41

Reported in : AIR1991MP199; 1991(0)MPLJ588

Dr. Albert case AIR 1989 Madras 73.16. Perpetual injunction is regulated by Sections 38 to 42 of the Specific Relief Act, 1963. Temporary injunction on the other hand, as provided by Section 37 of the Act, is regulated mainly by … injunction under Order 39, Rule 1(c) of the C.P.C. It is further contended that in view of Section 41(b) of the Specific Relief Act temporary injunction could not be granted by the District Court against the A.D.M.

Aderbad Co-operative Hsg. Scty. Ltd. Vs. Aspi Framroze Goluwalla (Dr.) ...

Court : Mumbai

Subject : Civil

Acts : Maharashtra Co-operative Societies Act, 1960 - Sections 35 and 152; Specific Relief Act, 1963 - Sections 41; Presidency Small Causes Court Act, 1882 - Sections 6; Specific Relief Act, 1872 - Sections 56; Civil Procedure (CPC), 1908

Reported in : 2005(3)ALLMR6; 2005(4)BomCR73

to a Single Judge of this Court exercising Ordinary Original Civil Jurisdiction. Hence, under Section 41(b) of the Specific Relief Act, 1963 he has no power to grant an injunction restraining the plaintiff from prosecuting its application before the Deputy

Santha W/O Sahadevan Vs. Vasu S/O Chami, Muthalamada and ors. Etc.

Court : Kerala

Subject : CivilProperty

Acts : Specific Relief Act, 1963 - Sections 41

Reported in : AIR1996Ker188

Thomas, J.1. A question of law has been mooted in this appeal, whether Section 41(b) of the Specific Relief Act, 1963 (for short the Act') would prevent a Court from granting injunction in respect of proceedings pending in the