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Gomi Bai and ors. Vs. Uma Rastogi and anr.
Andhra Pradesh
Dec-29-2004
ContractCivil
Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 1 and 2 - Order 8, Rule 5(3); Specific Relief Act, 1963 - Sections 15, 19, 20 and 22(1); Transfer of Property Act - Sections 54; Evidence Act - Sections 102
2005(2)ALD631
of her husband and therefore suit by her as nominee is maintainable as per Section 15 of the Specific Relief Act, 1963. The respondents/ defendants did not deny the factum of nomination and the lower Court having found oral agreement … suit land and has been raising crops like wheat, tomatos, beans, jawar. She also alleged that she planted 5,000 saplings of eucalyptus in the suit land. She is bona fide purchaser for a valuable consideration and that
Tag this Judgment! AI Brief & AskTantrik Shikshan Karmachari Gruha Nirman Sahakari Sanstha Through Its ...
Mumbai
Oct-04-1985
Civil
Specific Relief Act, 1963 - Sections 5, 6 and 6(4); Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17
1986(2)BomCR504
distinction between the suits filed under sections 8 and 9 of the Specific Relief Act (old) pertaining to section 5 and 6 of the Specific Relief Act, 1963. It has been observed.'The provisions of sections 8 and 9 … changes the very nature of the suit claim. The original suit was filed under section 6 of the Specific Relief Act, 1963 and was simply passed on possessor title and no party had a right to agitate title to the
Tag this Judgment! AI Brief & AskHyderabad Cricket Association Rep. by Its President and anr. Vs. C. Ba ...
Andhra Pradesh
Oct-13-2009
Contract
Specific Relief Act, 1963 - Sections 5; Code of Civil Procedure (CPC) , 1908 - Sections 104(1) - Order 34 - Order 39, Rules 1 and 2 - Order 43, Rules 1(1); Constitution of India - Article 227
2010(1)ALT572
interim injunction orders, the Court below also failed to look into the provisions of Section 5 of the Specific Relief Act, 1963. In such view of the matter, I am of the considered opinion that the Court below in the
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Debi Singh Vs. Bhim Singh and ors.
Delhi
Feb-18-1971
Property
Registration Act, 1908 - Sections 49; Transfer of Property Act, 1882 - Sections 53-A and 58; Specific Relief Act, 1963 - Sections 5; Code of Civil Procedure (CPC), 1908 - Sections 9 - Order 6, Rule 2; Evidence Act, 1872 - Sections 18; Delhi Land Reforms Act, 1954
AIR1971Delhi316
into possession by the plaintiff's father. 8. In this connection, I must refer to Section 5 of the Specific Relief Act, 1963, which is in the following terms :- ' A person entitled to the possession of specific immovable property
Tag this Judgment! AI Brief & AskDadu Dayalu Mahasabha, Jaipur (Trust) Vs. Mahant Ram Niwas and anr.
Supreme Court of India
May-12-2008
CivilTrusts and Societies
Rajasthan Public Trust Act, 1959; Specific Relief Act, 1963 - Sections 5; Code of Civil Procedure (CPC) - Sections 11 and 12 - Order 2, Rule 2 - Order 57, Rule 1
AIR2008SC2187; 2008(3)AWC2656(SC); (SCSuppl)2008(3)CHN200; JT2008(6)SC440; (2008)151PLR261; 2008(7)SCALE460; (2008)11SCC753; 2008AIRSCW3324; 2008(4)CivilLJ730; 2008(4)Supreme384; 2008(3)LH(SC)1945; 2008(3)ICC369
(See also Sulochana Amma v. Narayanan Nair : 1994ECR195(SC) ).34. Furthermore in terms of Section 5 of the Specific Relief Act, 1963 a suit for possession must be filed having regard to the provisions of the Code of Civil Procedure.
Tag this Judgment! AI Brief & AskL. Venkata Krishna Reddy (Died) and ors. Vs. M. Anjappa (Died) Per L.R ...
Andhra Pradesh
Apr-29-2009
Contract
Specific Relief Act, 1963 - Sections 28; Limitation Act - Sections 5 - Scheduled - Article 54; Code of Civil Procedure (CPC) - Sections 115 - Order 9, Rule 13 - Order 21, Rule 32
AIR2009AP179; 2009(15)ALT599
execution petition on that ground alone. It is also contended that in view of Section 28 of the Specific Relief Act, 1963, the Court below ought to have held that the contract was deemed to have been rescinded on the … performance. Although the respondent has not given satisfactory explanation of every day's delay but it is not unlike Section 5 of the Limitation Act, an application for condonation of delay. It is one for extension of time. Under
Tag this Judgment! AI Brief & AskPravIn S/O Jethalal Kamdar Vs. State of Maharashtra, Through Collector ...
Mumbai
Apr-26-1995
Property
Urban Land (Ceiling and Regulation) Act, 1976 - Sections 2, 5, 6 and 27; Specific Relief Act, 1963 - Sections 22, 31, 32 and 33; Indian Contract Act, 1872 - Sections 10, 13, 20, 21 and 65; Limitation Act, 1963 - Sections 17(1) - Articles 58 and 65; Code of Civil Procedure (CPC), 1908 - Order 1, Rule 10 - Order 20, Rules 12;
AIR1996Bom280; 1995(4)BomCR448; (1995)97BOMLR585; 1996(1)MhLj630
is however, true that there is discretion conferred upon the. Court under Sections 31 and 32 of the Specific Relief Act, 1963 an cancellation of the instrument as void or variable or in granting the relief of declaration that the … property was within the ceiling limit and the right of pre-emptive purchase conferred upon the Competent Authority under sub-section (5)(a) of Section 27 of the ULC Act when such an application for permission was made under sub-section (1)
Tag this Judgment! AI Brief & AskJagdish and ors. Vs. Har Sarup
Delhi
Jan-27-1978
Civil
Code of Civil Procedure (CPC), 1908 - Order 6, Rule 17; Specific Relief Act, 1963 - Sections 40 and 40(2); Limitation Act, 1963 - Sections 5
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 … 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 … the trial court. The defendants have now come up in second appeal. 5. Mr. S, S. Shukla, learned counsel for the respondent raised a preliminary
Tag this Judgment! AI Brief & AskB. Rajamani Vs. Azhar Sultana and ors.
Andhra Pradesh
Dec-21-2004
ContractCivil
Transfer of Property Act, 1882 - Sections 3 and 54; Specific Relief Act, 1963 - Sections 16, 19 and 20; Contract Act, 1872 - Sections 7, 8 and 9; Specific Relief (Amendment) Act, 1877 - Sections 27; Urban Land Ceiling Act - Sections 27; Evidence Act
AIR2005AP260; 2005(2)ALD862
that plaintiff is not a signatory to Ex.A.1 signifies non-compliance with the requirement of Section 16(c) of the Specific Relief Act, 1963 (the Act, for brevity) with regard to the readiness and willingness of plaintiff. In the absence of any … separate written statements. Be that as it is, the plaintiff filed I.A.No. 1031 of 1985 for impleading Defendants 5 to 7, which was ordered on 17.11.1987. The subsequent purchaser of the property was impleaded as Defendant No.
Tag this Judgment! AI Brief & AskVasantha and Others Vs. M. Senguttuvan
Chennai
Jun-30-1997
property
Specific Relief Act, 1963 -- Sections 5, 9 and 16; Transfer of Property Act, 1881 -- Sections 53-A; Tamil Nadu Urban (Ceiling and Regulation) Act, 1978 -- Sections 25(1); Indian Limitation Act, 1963
1998(1)CTC186; (1997)IIMLJ576
dismissed. No costs in the C.M.Ps. Property - transfer of property - Sections 5, 9 and 16 of Specific Relief Act, 1963, Section 53A of Transfer of Property Act, 1881, Section 25 (1) of Tamil Nadu Urban (Ceiling and Regulation) Act,
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