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Nov 12 1980

Chandra and Co. Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Nov-12-1980

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 6 and 6(2); Specific Relief Act, 1877 - Sections 9; Limitation Act, 1859 - Sections 15 and 17; Constitution of India - Article 226;Rajasthan Land Revenue Act, 1956 - Sections 91; Public Premises (Eviction of Unauthorised Occupants) Act, 1956

Reported in : AIR1981Raj217

and to dispossess a person in actual possession without having recourse to a Court. Section 6 of the Specific Relief Act 1963 (Section 9 of the Specific Relief Act, 1877) empowers a person who has been dispossessed without his consent … & Co., was that of a tenant by virtue of the principle of holding over as envisaged under Section 116 of the Transfer of Property Act and that M/s. Anandraj and Co., could not be regarded as … required to appear before him personally or through their authorised representative on 15th February, 1980 and to submit their objections against the application submitted on

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Oct 01 2002

Bolisetti Venkateswara Rao and ors. Vs. Nadakuditi Venkateswara Rao

Court : Andhra Pradesh

Decided on : Oct-01-2002

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 15

Reported in : 2002(6)ALD256; 2002(6)ALT103

held:'We are wholly unable to subscribe to the views expressed by the High Court. Section 16 of the Specific Relief Act, 1963 mandates the plaintiff to aver in the plaint and establish as a fact by evidence aliunde that he … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised … after issuing a notice to the plaintiff. This notice was issued on 15-12-80. No reply was given to the notice by the plaintiff and the

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Jan 11 1991

Radhakrishna Ananta Prabhu and ors. Vs. Siri Construction and ors.

Court : Mumbai

Decided on : Jan-11-1991

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 15 and 19

Reported in : 1991(3)BomCR351

1 and 2.15. Costs of the Motion shall be costs in the suit. Contract - specific performance - Sections 15 and 19 of Specific Relief Act, 1963 - whether plaintiff entitled to specific performance of agreement - plaintiff … is incorporated unless the Corporation adopts a contract or enters into a fresh contract. Section 15(h) of the Specific Relief Act, 1963 specifically provides that the specific performance of the contract may be obtained by the Company when the promoters

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Nov 19 2003

Shyam Singh Vs. Daryao Singh (Dead) by Lrs. and ors.

Court : Supreme Court of India

Decided on : Nov-19-2003

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 15; Transfer of Property Act - Sections 58; Property Law

Reported in : AIR2004SC348; 2004(1)ALD8(SC); 2004(1)AWC679(SC); (SCSuppl)2004(1)CHN54; [2004(1)JCR83(SC)]; JT2003(9)SC151; RLW2004(1)SC154; (2003)12SCC160

can be inferred in the document particularly in view of the clear provisions of Section 15(b) of the Specific Relief Act 1963 which read as under:'15. Who may obtain specific performance -Except as otherwise provided by this chapter, the specific … of transfer or assignment can be inferred in the document particularly in view of the clear provisions of Section 15(b) of the Specific Relief Act 1963 which read as under:'15. Who may obtain specific performance -Except as

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Feb 24 2004

Mohd. Abdul Hakeem (Died) Per Lrs. Vs. Naiyaz Ahmed and ors.

Court : Andhra Pradesh

Decided on : Feb-24-2004

Subject : Contract

Acts : Contract Act, 1872 - Sections 2; Specific Relief Act, 1963 - Sections 15

Reported in : AIR2004AP299; 2004(3)ALD501; 2004(3)ALT585; 2005(1)CTLJ97(AP)

of Civil Procedure?2. Whether the suit as framed is maintainable in view of the Section 15 of the Specific Relief Act 1963 ?3. Whether examination of GPA as PW-1 would be sufficient even in the absence of the plaintiff?4. Whether … of remand is being made, parties are directed to bear their own costs. (i) Contract - agreement - Sections 2 and 10 of Contract Act, 1872 - whether an agreement which is not signed by vendee but

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Sep 08 1995

Sarala Devi and ors. Vs. Daya Ram and ors.

Court : Delhi

Decided on : Sep-08-1995

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC), 1908 - Order 37; Indian Contract Act, 1872 - Sections 37; Specific Relief Act, 1963 - Sections 15

Reported in : 60(1995)DLT3; 1995(35)DRJ36

compensation for the land in question.(7) It may be noted that under sections 15(b) and 19(b) of the Specific Relief Act, 1963 (which correspond to old sections 23 (6) and 27(b) of Specific Relief Act,1877) the representative in interest of

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Jan 22 2002

V. Udayakumar, Vs. I. Navaneethammal,

Court : Chennai

Decided on : Jan-22-2002

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 15 and 16

Reported in : (2002)1MLJ519

19. Hence, the letters patent appeal is dismissed. Contract - specific performance - Sections 15 and 16 of Specific Relief Act, 1963 - appellants challenged decree of specific performance - suit for specific performance by heirs of proposed vendee against

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Dec 16 2002

Haroon Rashid NizamuddIn Umatiya Vs. Jivatlal Purtapshi and Raj Develo ...

Court : Mumbai

Decided on : Dec-16-2002

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 15; Uttar Pradesh Zamindari Abolition and Land Reforms Act

Reported in : 2003(2)ALLMR945; 2003(4)BomCR346; 2003(2)MhLj465

case the petitioner is merely seeking the specific performance of the agreement of sale. Section 15 of the Specific Relief Act, 1963, provides that except as otherwise provided by this Chapter, the specific performance of a contract may be obtained … necessary party. In this case the petitioner is merely seeking the specific performance of the agreement of sale. Section 15 of the Specific Relief Act, 1963, provides that except as otherwise provided by this Chapter, the specific

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Dec 22 1976

Sheomurat Ram Vs. Smt. Savitri and ors.

Court : Allahabad

Decided on : Dec-22-1976

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 15; Registration Act, 1908 - Sections 17; Transfer of Property Act, 1882 - Sections 54

Reported in : AIR1977All322

promisors before performance, unless a contrary intention appears from the contract.'3. Section 15(a) and (b) of the new Specific Relief Act. 1963. lays down as under:'15. Who may obtain specific performance.-- Except as otherwise provided by this Chapter, the specific … barred, prima facie, by Article 106 of Schedule II to the Limitation Act, the bar was saved by Sections 7 and 8 of that Act, in as mush as the third plaintiff was and still continued a

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Jul 23 2003

Duraikannu Padayachi Vs. Meera

Court : Chennai

Decided on : Jul-23-2003

Subject : Property

Acts : Evidence Act - Sections 65, 66, 90, 92(4); Transfer of Property Act - Sections 3; Specific Relief Act, 1963 - Sections 15; Code of Civil Procedure (CPC) - Order 1, Rule 10 - Order 14, Rule 1 - Order 22, Rule 3

Reported in : (2003)3MLJ67

case law in Radhabai v. Parwatibai : AIR1970Bom275 , that by a combined reading of Section 15 of Specific Relief Act, 1963 and Order 22, Rule 3 CPC, that since Gaurabai on her own affidavit disclaimed all interest in the … the result, the second appeal is allowed and the suit is dismissed. No costs. Property - possession - Sections 65, 66, 90, 92 (4) of Evidence Act, Section 15 of Specific Relief Act, 1963, Section 3 of

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