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Hari S/O Ramji Vs. Mahadu S/O Kerba Tekale Died Through Lrs. Shivaji M ...

Court : Mumbai

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 12, 28, 28(1) and 28(3); ;Code of Civil Procedure (CPC) - Sections 37, 107, 148, 149 and 151 - Order 37, Rule 4

Reported in : AIR2006Bom327; 2006(6)MhLj110

my opinion, however, the decree in the present case is not a decree under Section 28(1) of the Specific Relief Act, 1963, insofar as it is a self-operative final decree which provides in express terms that if the payment is … own costs.(c) Regular Civil Appeal No. 389 of 1983 was filed by the original defendant deceased Mahadu on 7th December, 1983, being aggrieved by the judgment and decree passed by the trial Court in Regular Civil Suit

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 … a declaratory relief could be granted apart from Section 34 of the Act, the scope is very limited. 7. Having heard the learned counsel, we are of opinion that the appellants contention cannot be accepted and the

M.P. Mattur and ors. Vs. Union of India and ors.

Court : Delhi

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 34; Court Fees Act, 1817 - Sections 7(IV); General Clauses Act, 1897 - Sections 21

Reported in : 1991(21)DRJ249

there In the property if being deprived, hence they have status as envisaged under Section 34 of the Specific Relief Act, 1963 to invoke the jurisdiction of this Court.(15) Mr. Banerjee then contended that decree if passed would beviolative of … garb of declaration are seeking relief of Specific Performance According to Mr.Banerjee, the suit should be valued under Section 7(VI)(c) of the CourtFee Act and ad valorem court fees should have been paid. This argument can be rejected

H.G. Krishna Reddy and Co. Vs. M.M. Thimmaiah and anr.

Court : Chennai

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 2, 3, 7 and 10; Specific Relief Act, 1963 - Sections 16; Evidence Act, 1872 - Sections 114 and 115; Code of Civil Procedure (CPC), 1908 - Sections 103 - Order 41, Rule 25

Reported in : AIR1983Mad169; (1983)1MLJ467

time the first respondent has expressed his readiness and anxiety to purchase the property. Section 16(c) of the Specific Relief Act 1963 reads as follows-'16. Specific performance of a contract cannot be enforced in favour of a person- (c) who … ad item and no concluded contract for sale came into existence. Mr. Kesava Iyengar relied upon condition No. 7 in Ex. P. 1 which stated `the vendor shall execute a regular agreement of sale on stamp paper

Residency Resorts Private Limited vs United Service Institution of Ind ...

Court : Delhi

Subject : Land Acquisition

a determinable Agreement which comes to an end by efflux of time on 31.03.2026.12. Section 14(d) of the Specific Relief Act, 1963 (hereinafter referred toas “the Specific Relief Act”) provides that a Contract which is a determinable contract cannot be … COURT OF DELHI AT NEW DELHIDate of decision: 20th MARCH, 2026IN THE MATTER OF:+ O.M.P.(I) (COMM.) 112/2026, I.A. 7415/2026, I.A. 7416/2026 RESIDENCY RESORTS PRIVATE LIMITED .....Petitioner Through: Mr. Rajiv Nayar, Sr. Adv., Mr. Darpan Wadhwa, Sr. Adv.

Smt. Surinder Kaur and ors. Vs. S. Rajdev Singh and ors.

Court : Delhi

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) - Sections 151 - Order 7, Rule 11; Specific Relief Act, 1963 - Sections 16; Court Fee Act - Sections 7 and 7(4); Suit Valuation Act - Sections 9; Punjab High Court Rules - Rule 4 and 4(1)

Reported in : 128(2006)DLT460; 2006(86)DRJ80

7 Rule 11 read with Section 151 of the Code of Civil Procedure and Section 16(c) of the Specific Relief Act, 1963 for rejection of the plaint and consequent dismissal of the suit, while is NO. 4475/2005 has been filed

CaptaIn Chand Singh Vs. Miss Preeti

Court : Allahabad

Subject : Family

Acts : Specific Relief Act, 1963 - Sections 34; Family Courts Act, 1984 - Sections 7 and 19(1); Limitation Act, 1963 - Schedule - Sections 5 - Article 58; Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 125(3) and 488; Constitution of India - Articles 14, 19, 20 and 21; Code of Civil Procedure (CPC), 1908 - Order 7, Rule 11

Reported in : 2000(1)AWC268

Suit No. 304 of 1997 in the Court of Judge, Family Court. Agra, under Section 34 of the Specific Relief Act, 1963 read with Section 7 of the Family Courts Act. 1984, for two declarations : (i) It be ordered

Ganesh Shet Vs. Dr. C.S.G.K. Setty and Others

Court : Supreme Court of India

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 16 and 20; Code of Civil Procedure (CPC), 1908 - Order 7, Rule 7; Constitution of India - Article 136

Reported in : 1998VAD(SC)647; AIR1998SC2216; 1998(3)ALLMR(SC)627; JT1998(4)SC181; 1998(2)MPLJ490; RLW1998(2)SC375; 1998(3)SCALE643; (1998)5SCC381; [1998]3SCR479

Bangalore?10. (3) What are the legal principles applicable to suits for specific performance under section 20 of the Specific Relief Act, 1963 where there is variation between pleadings and evidence in regard to the date or other terms of the … what extent can relief be given under the heading 'general relief in suits for specific performance under Order 7 Rule 7 CPC?11. (4) Alternatively, whether, on the plaint as it stands, and the prayer made therein without

Salarpuria Properties Private Limited Vs. M.S. Ramaiah Developers and ...

Court : Karnataka

Subject : Contract

Acts : Companies Act, 1956; Specific Relief Act, 1963 - Sections 16 and 20; Specific Relief Act, 1877; Code of Civil Procedure (CPC) - Order 7, Rule 11

Reported in : 2006(6)KarLJ23

there was a concluded contract between the parties and therefore it was enforceable under the provisions of the Specific Relief Act, 1963 (for short, 'the Act').20. Sri Udaya Holla, learned Senior Counsel for the respondent-defendant, per contra, would contend that … No. II.-Section 16 of the Act deals with personal bars to relief of specific performance. Clause (c) of Section 16 of the Act provides that specific performance of a contract cannot be enforced in favour of a … provisions of the Companies Act, 1956 having its registered office at No. 7, Chittaranjan Avenue, Kolkata-72, and its Bangalore Office at Money Terrace, No. 100,

B. Rajamani Vs. Azhar Sultana and ors.

Court : Andhra Pradesh

Subject : ContractCivil

Acts : 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

Reported in : 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 … 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. 6 and