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Lalbhai Dalpatbhai and Co. Vs. Chittaranjan Chandulal Pandya
Gujarat
Apr-14-1965
Labour and Industrial
Specific Relief Act, 1963 - Sections 14(1), 38(2) and 57; Constitution of India - Article 19(1); Contract Act - Sections 27; Specific Relief Act, 1877 - Sections 21 and 44
[1965(11)FLR299]
relief by way of injunction depends in India upon statute and is governed by the provision of the Specific Relief Act, 1963. Section 36 of that Act places the grant of an injunction in the discretion of the Court; a discretion … by the Specific Relief Act, 1877, since the latter statute was repealed from 1 March, 1964 by S. 44 of the former statute. But the provisions of the two statutes in so far as they are material
Tag this Judgment! AI Brief & AskK.S. Krishan Vs. Krishnan S/O Kizhakkumbrath Arumugha Tharakar
Kerala
Oct-23-1992
Property
Specific Relief Act, 1963 - Sections 12, 12(1) and 12(4); Transfer of Property Act, 1882 - Sections 44
AIR1993Ker134
well as in the court below. Property - transfer - Sections 12, 12 (1) and 12 (4) of Specific Relief Act, 1963 and Section 44 of Transfer of Property Act, 1882 - whether agreement to sell immovable property by three
Tag this Judgment! AI Brief & AskSarojamma Vs. Shankar
Karnataka
May-13-1993
Tenancy
Karnataka Rent Control Act, 1961 - Sections 3, 4 and 44; Karnataka Rent Control (Retrospective Extension of Duration) (Amendment) Act, 1993; Specific Relief Act, 1963 - Sections 38; Transfer of Property Act - Sections 108
ILR1993KAR2427
April 1993 and that it received the assent of the President on the 30th day of March, 1993.;(B) SPECIFIC RELIEF ACT, 1963 (Central Act No. 47 of 1963) - Section 38: KARNATAKA RENT CONTROL ACT, 1961 (Karnataka Act No.22 of … this aspect, the learned Counsel argued that in so far as the question relating to repairs is concerned, Section 44 of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act) is self-contained and a special
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Jai NaraIn Parasrampuria (Dead) and ors. Vs. Pushpa Devi Saraf and ors ...
Supreme Court of India
Aug-24-2006
PropertyCompany
Code of Civil Procedure (CPC) - Order 21, Rule 99 - Order 23, Rule 1; Uttar Pradesh Rent Control Act; Specific Relief Act, 1963 - Sections 15, 19, 20 and 20(2); Evidence Act - Sections 44 and 116; Companies Act, 1956 - Sections 132 and 138; Transfer of Property Act - Sections 5 and 54; Indian Trusts Act, 1882 - Sections 3, 92 and 94; Specific Relief Act, 1877 - Sections 27; Urban Land Ceiling Act; Urban Land Ceiling (Regulation) Act, 1976 - Sections 26; Income Tax Act; Cantonment (House Accommodation) Act, 1923 - Sections 2; Orissa House Rent Control Act, 1967 - Sections 2(3); Housing Act, 1996 - Sections 6B(1)
(2007)1CompLJ69(SC); 2006(2)CTLJ130(SC); (2006)4MLJ1224(SC); 2006(8)SCALE477; (2006)7SCC756
on the premise that the Trial Court had wrongly exercised its discretionary jurisdiction under Section 20 of the Specific Relief Act, 1963; as the appellants were guilty of demolition of the existing structures on the land. The learned Judges of … be binding on them.vi) The Award and the decree, having been obtained by practicing fraud as envisaged under Section 44 of the Evidence Act, were void ab initio and the Trial Court rightly having applied the said principle,
Tag this Judgment! AI Brief & AskAndhra Pradesh Scheduled Tribes Employees Association Vs. Aditya Prata ...
Andhra Pradesh
Nov-02-2001
ConstitutionService
Constitution of India - Articles 14, 15(1), 15(4), 16(1), 16(4), 21, 32, 121, 124(4), 136, 141, 226, 233 to 237, 309, 335, 341, 342, 342(1), 342(2), 366(24) and 366(25); Code of Civil Procedure (CPC), 1908 - Sections 9, 11, 80, 100(4), 100(5), 151, 152 and 153; Constitution (Scheduled Tribes) Order, 1950; Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976; Evidence Act, 1872 - Sections 40, 41, 42 and 44; Societies Registration Act, 1860; Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 - Sections 5 and 11; Specific Relief Act, 1963 - Sections 34; Scheduled Castes or Scheduled Tribes Order, 1950; Suits Valuation Act - Sections 11; Delhi Rent Control Act - Sections 21; Malaya Rubber Regulati
2001(6)ALD582; 2001(6)ALT433
of Subordinate Judge, Parvathipuram.27. There cannot be any doubt that the suit was under Section 34 of the Specific Relief Act, 1963. It is rather doubtful as to how the suit for mere declaration without any consequential relief was maintainable. … Fraud in Evidence Act 71. While we notice the principles of fraud, it is necessary to refer to Section 44 of the Indian Evidence Act, 1872, which reads:44. Fraud or collusion in obtaining judgment, or incompetency of Court,
Tag this Judgment! AI Brief & AskB.P. Sadashivaiah Vs. Parvathamma
Karnataka
Jul-27-1994
Property
Specific Relief Act, 1963 - Sections 38; Transfer of Property Act, 1882 - Sections 44
ILR1994KAR2671; 1994(3)KarLJ529
Appeal is dismissed. In the facts and circumstances of the case, I make no order as to costs. SPECIFIC RELIEF ACT, 1963 (Central Act No. 47 of 1963) - Section 38 - Plaintiff's title not obvious or unassailable possible to … question is that of a co-owner. At this juncture, it is relevant to refer to the provisions of Section 44 of the Transfer of Property Act, which reads as under:'Where one of two or more co-owners of immoveable
Tag this Judgment! AI Brief & AskNallam Seeta Mahalakshmi and ors. Vs. Talari Vijayalakshmi
Andhra Pradesh
Apr-20-2005
CivilContract
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control, Act; ;Hindu Succession Act; ;Specific Relief Act, 1963 - Sections 9, 12(3), 15, 20, 20(1), 20(2) and 22; ;Transfer of Property Act - Sections 44; ;Partition Act - Sections 4; ;Specific Relief Act, 1877 - Sections 15; ;Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2 - Order 9, Rule 8 - Order 41, Rule 33; ;Hindu Law
2005(4)ALD130; 2005(6)ALT65
defendants 1 to 3. Plaintiff having pleaded for partition and separate possession as per Section 22 of the Specific Relief Act, 1963 (for short 'the Act'), since the shares of the defendants 1 to 3 under Ex.A.1 have not been … Ex.A.1 have not been ascertained, the plaintiff is not entitled to a decree for possession in view of Section 44 of Transfer of Property Act, since the suit schedule property is a residential house and as fifth defendant
Tag this Judgment! AI Brief & AskK. Jagannathan Vs. A.M. Vasudevan Chettiar and 12 Others
Chennai
Jan-25-2001
Property
Hindu Minority and Guardianship Act, 1956 - Sections 4, 6, 8, 11 and 12; GW Act - Sections 19; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 1; Specific Relief Act, 1963 - Sections 31; Limitation Act, 1963 - Schedule - Article 44; Court-Fees Act, 1870 - Sections 7
AIR2001Mad184; (2001)1MLJ614
Section 19 of GW Act, Order 6 Rule 1 of Code of Civil Procedure, 1908, Section 31 of Specific Relief Act, 1963, Article 44 of Schedule to Limitation Act, 1963 and Section 7 of Court-Fees Act, 1870 - suit for
Tag this Judgment! AI Brief & AskMahender Nath Gupta Vs. Moti Ram Rattan Chand and anr.
Delhi
Mar-26-1975
Contract
Specific Relief Act, 1963 - Sections 22 and 44; General Clauses Act, 1897 - Sections 6; Specific Relief Act, 1877
AIR1975Delhi155
so as to bring it in line with the new section, they said.9. Reference was also made to Section 44 of the new Act of 1963, which reads:'The Specific Relief Act, 1877, is hear by repealed.'10. On the … intention that the Act should operate on pending proceedings.30. The first appellate court was of opinion that the Specific Relief Act, 1963 merely deals with Procedure and does not affect substantive rights of the parties. thereforee. it applied to pending
Tag this Judgment! AI Brief & AskSmt. Khatijabi Aboobaker and ors. Vs. Karma Constructions and ors.
Mumbai
Feb-24-1995
ContractCivil
Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 39, Rules 1 and 2; Specific Relief Act, 1963 - Sections 6; Constitution of India - Articles 226 and 227
1996(4)BomCR318; (1995)97BOMLR30
1994.3. Both these applications were filed in a suit instituted by the appellants under section 6 of the Specific Relief Act, 1963 praying that the respondents, their heirs or legal representatives be ordered to restore the possession of an area … Police Officer without an order from a Magistrate and without a warrant. A distinct and different power under Section 44 of the Code empowers the Magistrate to arrest or order any person to arrest the offender. Under Section
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