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Bhagwan Das Vs. Smt. Chandra Kali

Court : Allahabad

Subject : PropertyContract

Acts : Transfer of Property Act, 1882 - Sections 42 and 43; Specific Relief Act, 1963 - Sections 13; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 - Sections 153

Reported in : AIR1979All350

equity as was Section 18 of the Specific Relief Act 1877, corresponding provision being Section 13 of the Specific Relief Act, 1963. Section 13 says: --'Where a person contracts to sell or let certain property, having only an imperfect title thereto, … land it could be enforced as subsequently the transferor acquired Bhumidhari rights therein; secondly that in view of Section 43 of the Transfer of Property Act the plaintiff was entitled to claim enforcement of the disputed contract; thirdly

Vineet Kumar Vs. Smt. Bhagwan Dei

Court : Allahabad

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30, 32 and 33; Specific Relief Act, 1963 - Sections 14(2) and 43; Code of Civil Procedure (CPC) , 1908 - Sections 2(18), 12, 122 and 125 - Order 22, Rule 9

Reported in : AIR1978All312

an amendment in Section 32 of the Arbitration Act which had been effected by Section 43 of the Specific Relief Act, 1963, had not been brought to my notice. It is further contended that attention was not drawn to Section

State Bank of India and ors. Vs. S.N. Goyal

Court : Supreme Court of India

Subject : Service

Acts : 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

Reported in : 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 … employment was governed by the State Bank of India Officers Service Rules, which are statutory rules framed under Section 43(1) of the said Act. The respondent approached the civil court alleging that his removal from service was in

Katta Sujatha Reddy Vs. M/s Siddamsetty Infra Projects Pvt. Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

to examine whether equity demands such application instead of granting damages if any.41. We may note that the Specific Relief Act, 1963 is the second legislation, replacing the earlier 1877 enactment of the Specific Relief Act. The 1963 Act was … Whether the trial court is right in not exercising its discretion for granting relief of specific performance?.6. Whether Section 10 of the Act as substituted by Act 18 of 2018 is prospective or retrospective in nature?.7. To … where the damages would fully compensate.” (1918) 2 K.B. 808 2 27 43. However, this was not the position under the Civil Law. Under the

Sheriff Iqbal HussaIn Ahmed (Died) by Lrs. Vs. Govt. of A.P. and Other ...

Court : Andhra Pradesh

Subject : PropertyConstitution

Acts : Constitution of India - Article 226; Specific Relief Act, 1963 - Sections 39; Andhra Pradesh Urban Development Act - Sections 43; Code of Criminal Procedure (CrPC) , 1973 - Sections 24; Madras Places of Public Resorts Act, 1988; Uttar Pradesh Municipal Corporation Adhinlyam, 1959 - Sections 114; Tamilnadu Town and Country Planning Act, 1971; Cantonment Act, 1924 - Sections 181; Tamilnadu Town and Country Planning (Amendment) Act, 1994 - Sections 3

Reported in : 2001(5)ALD176

further orders as required. Property - illegal construction - Article 226 of Constitution of India, Section 39 of Specific Relief Act, 1963, Section 43 of Andhra Pradesh Urban Development Act, Section 24 of Criminal Procedure Code, 1973, Madras Places of Public Resorts

Abdul Dadamiya Shaikh Vs. Jagannath Murlidhar Rathi Since Deceased, Th ...

Court : Mumbai

Subject : Property

Acts : Tenancy Act - Sections 32; Bombay Tenancy and Agricultural Lands Act, 1948 - 32G and 32P; Specific Relief Act, 1963 - Sections 16 and 20; Transfer of Property Act, 1882 - Sections 43; Indian Contract Act, 1872 - Sections 56; Ceiling Act; Indian Limitation Act, 1963 - Scedule - Article 54

Reported in : AIR2002Bom413; 2003(1)BomCR537

be granted or rejected and theCourt would be always guided by the examples putin section 20 of the Specific Relief Act forguidance and beyond that also the Court has to seefor deciding whether a specific performance is tobe granted … by reading theplaint that there has been averment in the plaintas required by section 16(c) of the SpecificRelief Act, 1963 (hereinafter referred to asSpecific Relief Act for convenience) that theappellant was ready and willing to purchase thesaid land. … andillegality of the judgments of those two courtsbelow impugned by this appeal, Shri Rege pointedout the provisions of section 43 of the Transferof Property Act, 1882 (hereinafter referred to asthe T.P. Act for convenience). In view of that

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 … nor under Section 42, Evidence Act and it is relevant only under Section 13 and Sections 40 and 43 as evidence of transaction or instance where the right to possession was claimed or disputed and also as

Ouseph Vs. Govindankutty Menon and ors.

Court : Kerala

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 43

Reported in : AIR1972Ker176

parting with the discussion on this subject I have to notice the provision in Section 13(1) of the Specific Relief Act, 1963 which materially corresponds to the provision in Section 18 of the repealed Specific Relief Act of 1877. Subsection … charged on this item also. That is challenged in this appeal by the 4th defendant.2. Counsel contends that Section 43 of the Transfer of Property Act, 1882 will not be available in a case where the person who

Bibhu Charan Barua Vs. Nani Gopal Deva Goswami

Court : Guwahati

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 2(16), 94, 115 and 151 - Order 39, Rules 1 and 2 - Order 43, Rule 1; Specific Relief Act, 1963 - Sections 6; Transfer of Property Act - Sections 52

which is a Tea Garden, namely, Jogibhela T.E. in the district of Jorhat under Section 6 of the Specific Relief Act, 1963 alleging his dispossession by the respondent without taking recourse to law. The said suit was filed on 19.8.2005 … appeal, the impugned order dated 31.5.2005 passed in Misc. Case No. 22/2005 arising out of Title Suit No. 43/2004 by the learned Civil Judge (Sr. Division), Jorhat refusing to grant temporary injunction as prayed for by the

Bibhu Charan Barua Vs. Nani Gopal Deva Goswami

Court : Guwahati

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Sections 2(16), 94, 115 and 151 - Order 39, Rules 1 and 2 - Order 43, Rule 1; ;Specific Relief Act, 1963 - Section 6; ;Transfer of Property Act - Section 52

Reported in : (2006)2GLR413

which is a Tea Garden, namely, Jogibhela T.E. in the district of Jorhat under Section 6 of the Specific Relief Act, 1963 alleging his dispossession by the respondent without taking recourse to law. The said suit was filed on 19.8.2005 … appeal, the impugned order dated 31.5.2005 passed in Misc. Case No. 22/2005 arising out of Title Suit No. 43/2004 by the learned Civil Judge (Sr. Division), Jorhat refusing to grant temporary injunction as prayed for by the