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Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

Section 41(e) of the Act a declaration or injunction to prevent its breach cannot be legally granted.148. However, Section 42 of the Specific Relief Act, 1963 carves out an exception to the above provision. This statutory provision provides … 141 of the judgment, the court held that such agreement is specifically enforceable under Section 10 of the Specific Relief Act, 1963 inasmuch as the shares in a private limited company would come within the phrase 'not obtainable in the

Vinod Chandra Hiralala Gandhi Vs. Vivknanad Mills Ltd.

Court : Gujarat

Subject : ServiceContract

Acts : Specific Relief Act, 1963 - Sections 42; Specific Relief Act, 1877 - Sections 57

Reported in : AIR1967Guj255; [1965(11)FLR260]

the English law on the subject. Section 42 of the Specific Relief Act, subject. Section 42 of the Specific Relief Act, 1963 empowers the Court to grant an injunction to restrain the breach of a negative stipulation even if the

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 … 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 43 as evidence of

S. Thiagarajan Vs. Saraswathy Kittu and 6 Others

Court : Chennai

Subject : Property

Acts : Transfer of Property Act, 1882 -- Sections 41, 122, 123 and 126; Specific Relief Act, 1963 -- Sections 34; Specific Relief Act, 1877 -- Sections 42; Code of Civil Procedure (CPC), 1908 -- Order 6, Rul3 4; Code of Criminal Procedure (CrPC) , 1973 -- Sections 145 and 146

Reported in : 1999(3)CTC217

- title - Sections 41, 122, 123 and 126 of Transfer of Property Act, 1882, Section 34 of Specific Relief Act, 1963, Section 42 of Specific Relief Act, 1877, Order 6 Rule 34 of Code of Civil Procedure, 1908 and Sections 145

Union of India Vs. R.P. Dhir and ors.

Court : Delhi

Subject : Service

Acts : Specific Relief Act, 1963 - Sections 42

Reported in : ILR1970Delhi433

The material part of section 42 of Specific Relief Act. 1877, which corresponds to section 34 of the Specific Relief Act. 1963 (47 of 1963), reads as under: '42.Any person entitled to any legal character, or to any right as

Jagdishsingh Deonandansingh Vs. Feku Jamnaprasad Yadav and ors.

Court : Mumbai

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 4 and 42; Code of Civil Procedure (CPC) , 1908 - Order 8, Rule 10 - Order 22, Rule 4 - Order 39, Rules 1 and 2

Reported in : 1997(4)ALLMR192; 1997(1)BomCR457

property to the appellant. No order as to costs. Property - possession - Sections 4 and 42 of Specific Relief Act, 1963 and Order 8 Rule 10, Order 22 Rule 4 and Order 39 Rules 1 and 2 of Code … his arguments, the learned Counsel relied on Ram Saran v. Ganga Devi, : AIR1972SC2685 .'Specific Relief Act (1877), section 42-where the defendant is in possession of some of the suit properties and the plaintiff in his suit does

Bhavesh J. Bhatt Vs. Cyrus N. Baxter and anr.

Court : Mumbai

Subject : Service

Acts : Specific Relief Act, 1963 - Sections 4, 41 and 42; Contract Act, 1872 - Sections 27; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2

Reported in : 1990(3)BomCR713; (1990)92BOMLR474; 1991(1)MhLj231

restraining the breach of a negative stipulation in a contract of personal service under section 42 of the Specific Relief Act, 1963. The Court said that the discretion should be guided by two considerations. The injunction should be reasonable with

Qabool Singh Vs. Board of Revenue and ors.

Court : Allahabad

Subject : FamilyCivil

Acts : Registration Act, 1908 - Sections 17; Specific Relief Act, 1963 - Sections 42

Reported in : AIR1973All158

create interest in immovable property - no question of registration. (ii) Existence of right - Section 42 of Specific Relief Act, 1963 - decree for declaration of right - right of plaintiff must exist not only on date of suit

Sachchidananda Banerjee Vs. Moly Gupta and Others

Court : Kolkata

Subject : Land Acquisition

on such a finding arrived at, I am afraid, the parties are guided by Section 11 of the Specific Relief Act, 1963 and the agreement for sale being Exhibit ‘A’ cannot be specifically enforced”. In the FiRs.Court, learned counsel for … plaintiff notwithstanding the deed of trust and the plaintiff could have received a good title in view of section 42 of the Transfer of Property Act, 1882, but that was not the fact scenario here. Hon’ble Single Judge

Ramnarayan and ors. Vs. Firm Mangeram Radheshyam Hardoi (U.P.) and anr ...

Court : Madhya Pradesh

Subject : ContractCivil

Acts : Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) - Sections 9 - Order 7, Rule 7

Reported in : AIR1979MP61

with the lower Court which dismissed the suit as not maintainable in view of Sec. 34 of the Specific Relief Act, 1963. 6. Shri Y.S. Dharmadhikari, Learned counsel for the plaintiffs-appellants, contends that Section 34 of the Specific Relief Act … to declaratory decrees was omitted from the Civil P. C. and incorporated in the Specific Relief Act as Section 42. This section of the Specific Relief Act, 1877 (old Act), has been replaced by Section 34 of the