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Anwarul Haq (Deceased by L. Rs.) Vs. Nizam UddIn (Deceased by L. Rs.) ...

Court : Allahabad

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 16; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 3

Reported in : AIR1984All136

appellants has contended chiefly, however, that there has been no compliance to the mandatory requirement of Section 16(c) Specific Relief Act, 1963 and, therefore, the suit could not be decreed for specific performance. In terms of Section 16(c) specific performance … for the appellants has contended chiefly, however, that there has been no compliance to the mandatory requirement of Section 16(c) Specific Relief Act, 1963 and, therefore, the suit could not be decreed for specific performance. In terms … for the relief of specific performance of agreement to sell on March 31, 1960. The appeal filed by the defendant No. 2 against the decree

Malkhan Singh Vs. Raghubir Singh

Court : Allahabad

Subject : PropertyContract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100 - Order 9, Rule 13; Specific Relief Act, 1963 - Sections 16 and 20; Evidence Act, 1872 - Sections 33

Reported in : AIR1981All96

in the circumstances of the case parties are directed to bear their own costs. Contract - execution - Sections 16 and 20 of Specific Relief Act, 1963 and Section 100 of Code of Civil Procedure - sale deed … the essential terms of the contract and as such the suit is barred by Section 16(c) of the Specific Relief Act, 1963. At the out set it may be stated that neither this plea was taken by the defendant-appellant nor … he intended to sign as an attesting witness to the mortgage deed. 3. In the written statement no objection was taken by the appellant that

Rajender Kumar vs.rama Bala Gupta

Court : Delhi

Subject : Land Acquisition

the financial capacity to make payment of the balance sale consideration as required by Section 16(c) of the Specific Relief Act, 1963. The total consideration in this case was Rs. 27 lakhs, of which a sum of Rs. 4.50 lakhs … To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning … parties had entered into two agreements on RFA No.322/2017 Page 1 of 34 20.02.2008, one being an Agreement to Sell and another being an Memorandum

Gaddipati Divija Vs. Pathuri Samrajyam

Court : Supreme Court of India

Subject : Land Acquisition

sale consideration?. 12 23. At the outset, we would like to mention that Section 16 (c) of the Specific Relief Act, 1963 (along with its explanation) is the relevant provision of law which is attracted in the present case, and … and boundaries have been fixed. It was further stated that Respondent No.1 3 herein may deposit an amount of Rs. 1,69,017/- in the aforementioned O.S. … on merits. As 6 such, the question of recalling the judgment pronounced on merits does not arise under Section 151 of the Code of Civil Procedure, 1908. Accordingly, the Miscellaneous Petition was dismissed.14. It is against these

Rathinam Chettiar Vs. Embar Naidu and Another

Court : Chennai

Subject : Contract

Acts : Code of Civil Procedure (CPC), 1908 -- Order 1; Specific Relief Act, 1963 -- Sections 16; Limitation Act, 1963 -- Sections 3

Reported in : 1999(3)CTC394

from today. Contract - specific performance - Order 1 of Code of Civil Procedure, 1908, Section 16 of Specific Relief Act, 1963 and Section 3 of Limitation Act, 1963 - suit for specific performance of sale dismissed - plaintiff's contention … are having sources to pay the sale consideration.11. Even according to the Explanation (i) to clause (c) of Section 16 of the Specific Relief Act, it is not essential for the plaintiff to actually tender to the

Cultor Food Science Inc. Vs. Nicholas Piramal India Ltd. and ors.

Court : Andhra Pradesh

Subject : ArbitrationContract

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(4), 2(5), 11, 11(9), 16, 45 and 85; Code of Civil Procedure (CPC), 1908 - Sections 151 - Order 39, Rules 1 and 2; Indian Contract Act - Sections 19, 28, 29 and 64; Specific Relief Act, 1963 - Sections 27, 37, 38 and 41; Arbitration Act, 1940 - Sections 32 and 33 ; Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3 and 45; Uncitral Model Law; Specific Relief Act, 1877 - Sections 56; Indian Companies Act; Constitution of India - Articles 133, 134A and 227

Reported in : 2002(2)ALD149; 2001(6)ALT706

framed is not maintainable in view of Sections 27, 38, and Clause (h) of Section 41 of the Specific Relief Act, 1963, because an injunction can be granted only to enforce a positive right or to enforce a negative covenant, … the 1st respondent, and by the order under revision in the C.R.P. the learned District Judge dismissed I.A.No. 1640 of 2000 filed by the appellant. Hence the appeal and the revision.3. The undisputed facts in this case

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 … However, both the Delhi High Court and Karnataka High Court have rightly 16 taken the view that the amendment, being substantive, would be applicable prospectively. … as follows: One late D Narayana, predecessor­in­interest of the respondent No.2 and 3, was the owner of an agricultural land bearing Sy. No.300­309, admeasuring 141.05

Azhar Sultana Vs. B. Rajamani and ors.

Court : Supreme Court of India

Subject : Contract

Acts : Urban Land Ceiling and (Regulation) Act, 1970 - Sections 27; Specific Relief Act, 1963 - Sections 16, 19 and 20; Transfer of Property Act - Sections 3; Evidence Act - Sections 120; Code of Civil Procedure (CPC) - Order 8, Rule 9 - Order 41, Rule 31

Reported in : AIR2009SC2157; 2009(2)AWC1546(SC); 2009(3)SCALE159:2009AIRSCW2789:2009(4)LHSC2483:2009(4)KCCR2671; (2009) 17 SCC 27

is ready and willing to perform his part of the contract as envisaged under Section 16(c) of the Specific Relief Act, 1963 (hereinafter referred to for the sake brevity as `the Act').8. It was, however, held that readiness and willingness … of advance.4. It now stands admitted that on or about 7.12.1981, an application was filed in terms of Section 27 of the Urban Land Ceiling and (Regulation) Act, 1970. The said application was rejected.It is also not … suit land was agreed to be sold at the rate of Rs. 325/- per sq. yd. A sum of Rs. 30,000/- was paid by way

inderchand JaIn (D) Through L.Rs. Vs. Motilal (D) Through L.Rs.

Court : Supreme Court of India

Subject : ContractCivil

Acts : Specific Relief Act, 1963 - Sections 16, 20 and 20(2); Code of Civil Procedure (CPC) - Sections 113 and 114 - Order 7, Rule 7 - Order 20, Rule 6(3) - Order 41, Rule 33 - Order 47, Rule 1

Reported in : 2009(7)ALT49(SC); JT2009(9)SC537; (2009)8MLJ743(SC):2009AIRSCW5364:2009(9)Scale777

evidence brought on record by the parties nor could exercise its discretionary jurisdiction under Section 20 of the Specific Relief Act, 1963.iii) On the face of the findings of the Division Bench of the High Court that the plaintiff-respondent had … could re- appreciate the evidence brought on record by the parties nor could exercise its discretionary jurisdiction under Section 20 of the Specific Relief Act, 1963.iii) On the face of the findings of the Division Bench of … appeal in disguise.In Lily Thomas v. Union of India :AIR 2000 SC 1650, this Court held:56. It follows, therefore, that the power of review can … Judicature for Rajasthan, Jaipur Bench, Jaipur in S.B. Civil Review Petition No. 33/2006 in S.B. Civil First Appeal No. 36 of 1976 and and S.B.

Vellayyappa Padayachi Vs. Saminatha Asari and 2 Others

Court : Chennai

Subject : PropertyContract

Acts : Code of Civil Procedure (CPC), 1908 - Sections 103; Evidence Act, 1872 - Sections 3 and 45; Specific Relief Act, 1963 - Sections 16

Reported in : (2001)1MLJ596

to purchase the property would not be entitled to specific performance. That is why Section 16(c) of the Specific Relief Act, 1963 sets out that a person who fails to aver and prove that he has performed or has always … that the said Nataraja Padayachi was a necessary party in the suit. 3. The third respondent's written statement was as follows: There was no suit … would however, make a request that instead of remanding the matter this Court could exercise its power under Section 103, C.P.C. and appreciate the evidence. The suit is two decades old, the judgment of the Appellate Court