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Dr. T.M. Jayarama Reddy and Others Vs. Bingi Sreeramaiah Chetty and Ot ...

Court : Andhra Pradesh

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 16, 20 and 22; Transfer of Property Act, 1882 - Sections 54 and 56; Limitation Act, 1963 - Schedule - Article 113

Reported in : 2000(4)ALD136; 2000(4)ALT81

be exercised according to settled principles of law and not arbitrarily as adumbrated under Section 20 of the Specific Relief Act, 1963 (for short 'the Act'). Under Section 20. the Court is not bound to grant the relief just because … Thirugnanan (supra), the Supreme Court dealing with a case relating to the grant of specific relief, while interpreting Sections 16(c) and 20 of the Specific Relief Act, held as follows:'It is settled law that remedy for specific

S. Kugashankar Vs. Subhash Chand Goel S/O Lt. NaraIn Dass Goel,

Court : Karnataka

Subject : Civil

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 27 and 27(2); Hindu Succession (Amendment) Act, 1994 - Sections 6A; Specific Relief Act, 1963 - Sections 16(1), 17, 20 and 20(2); Hindu Succession (Amendment) Act, 1956 - Sections 12 and 29; ;Limitation Act - Schedule - Article 54; Specific Relief Act, 1877 - Sections 22; Code of Civil Procedure (CPC) - Sections 96 - Order 6 Rule 17 - Order 34, Rule 7; Urban Land (Ceiling and Regulation) Rules, 1976 - Rule 14

Reported in : ILR2006KAR3689; 2008(4)KarLJ429

M. Veera Raghaviah v. M. China Veeriah and Anr. AIR 1975 Andhra Pradesh 350 [DB]) (Head Note (C)(C) Specific Relief Act (1963), Section 17 - Specific performance of contract - Property belonging to co-parceners - Contract by one of them … be ignored with impunity? It would also mean denying the discretion vested in the Court by both the Sections 10 and 20.It would also be worth referring to the observation made in the decision with regard to

Percept D'Markr (India) Pvt. Ltd. Vs. Zaheer Khan and Anr.

Court : Supreme Court of India

Subject : ArbitrationContract

Acts : Indian Contract Act, 1872 - Sections 27; Companies Act, 1956; Arbitration and Conciliation Act, 1996 - Sections 9 and 36; Specific Relief Act, 1963 - Sections 14, 14(1), 41 and 42; Arbitration and Conciliation Rules

Reported in : AIR2006SC3426; 2006(2)ARBLR34(SC); 2006(2)AWC1869(SC); 2006(5)BomCR322; (2006)5CompLJ224(SC); 2006(1)CTLJ100(SC); (2006)4MLJ1695; 2006(3)SCALE324; (2006)4SCC227

for respondent No. 1 submitted that the agreement may not be specifically enforced under Section 14 of the Specific Relief Act, 1963 and accordingly, under Section 41(e), no injunction could be granted as prayed for by the appellant. According to … Refusal - Negative Covenant - Extension of, beyond contractual terms - Section 27, Indian Contract Act, 1872 - Sections 14, 14(1), Specific Relief Act, 1963 - Appellant appointed sole and exclusive agent of first respondent under promotion … of the said agreement and the same would, therefore, terminate as of 20.10.2003. He further stated that the said letter provided for notice of non-renewal.

Anil Singh Vs. Smt. KholbaharIn Bai and State of Chhattisgarh

Court : Chhattisgarh

Subject : Contract

Reported in : AIR2009Chh6

her undivided share in the lands in Village Ghuru and Ameri is thus impeccable.14. Section 20 of the Specific Relief Act, 1963 reads as under:20. Discretion as to decreeing specific performance.-(1) The jurisdiction to decree specific performance is discretionary, and … had agreed to sell her undivided share in the lands in Village Ghuru and Ameri is thus impeccable.14. Section 20 of the Specific Relief Act, 1963 reads as under:20. Discretion as to decreeing specific performance.-(1) The jurisdiction

Dilip Bafna S/O Sri Mohanlal Bafna Vs. K.S. Vasudeva S/O Sri K. Subba ...

Court : Karnataka

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 7, 9, 10, 11, 16, 20, 20(1), 28(1) and 34; Specific Relief Act, 1963 - Sections 20; Contract Act - Sections 23 and 24

Reported in : ILR2007KAR3158; 2007(6)KarLJ554; 2007(3)KCCR1813; 2007(5)AIRKarR236; AIR2007NOC2433

suit and therefore that is not a matter which in arbitrable. Secondly, he contended Section 20 of the Specific Relief Act, 1963 for short hereinafter referred to as 'the Act' mandates that the jurisdiction to specific performance is a discretionary … agreement to sell, would have for its object to defeat the provisions of the Specific Relief Act, especially Sections 10 and 20 thereof. It is clearly intended by the aforesaid provisions that it is only courts, and

Mirahul Enterprises and ors. Vs. Mrs. Vijaya Sirivastava and Mr. R.R. ...

Court : Delhi

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) - Order 2, Rule 2; Specific Relief Act, 1963 - Sections 20; Contract Act- Sections 10; Transfer of Property Act; Sales of Goods Act

Reported in : AIR2003Delhi15; 100(2002)DLT290

a decree for specific performance be granted. Grant of decree for specific performance under Section 20 of the Specific Relief Act, 1963 rest in the discretion of the Court and cannot be claimed as of right. Parties seeking performance of … requirements of law before a decree for specific performance be granted. Grant of decree for specific performance under Section 20 of the Specific Relief Act, 1963 rest in the discretion of the Court and cannot be claimed

S.K. Kochar Vs. Nimmi Singh and ors.

Court : Delhi

Subject : PropertyContract

Acts : Specific Relief Act, 1963 - Sections 20 and 21; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 1 - Order 22, Rule 1 - Order 23, Rule (4); Contract Act, 1872; Foreign Exchange Regulation Act, 1973 - Sections 31

Reported in : 1997VAD(Delhi)213; 68(1977)DLT914

could not get exemption under the Urban Land (Ceiling and Regulation) Act, 1976.(69) Under Section 20 of the Specific Relief Act, 1963 it is purely a discretion of the Court either to grant or reject the relief of specific performance … of the said plot from the Urban Land Ceiling Act shall obtain income tax clearance certificate required under Section 230-A of the Income Tax Act, 1961 from the Income tax authority and also secure requisite permission for

Raghunath Fulaji Jadhav and Manohar Shankar Jadhav Vs. Shri Rajendra D ...

Court : Mumbai

Subject : ContractLimitation

Acts : Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1950; Specific Relief Act, 1963 - Sections 20, 20(1), 20(2) and 20(3); Limitation Act, 1963 - Schedule - Article 54; Code of Civil Procedure (CPC) - Sections 100

Reported in : 2007(3)ALLMR265; 2007(2)BomCR256; (2007)109BOMLR383

whether the suit is within limitation, and secondly, whether the jurisdiction as contemplated under Section 20 of the Specific Relief Act, 1963 has been exercised by the appellate court properly. He submitted that the present case is covered by the … of the sale deed. That apart, looking to the bare provisions of Section 31 AB and other relevant sections, it cannot be said that six months period as agreed in the agreement dated 12.12.1967 began to run

Lalji and ors. Vs. Ramji Seth

Court : Allahabad

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 20 and 20(4)

Reported in : AIR1978All212

on the ground that the suit was barred by Section 20 Sub-clause (a) and Sub-clause (b) of the Specific Relief Act, 1963. It further held that on account of the want of mutuality of the promises the plaintiff respondent was … defendants appellants Nos. 2 and 3, however, claimed to be bona fide purchasers and sought the benefit of Section 41 of the Transfer of Property Act.3. The trial court, after examining the document in question, held that

Pratap Lakshman Muchandi and ors. Vs. Shamlal Uddavadas Wadhwa and ors ...

Court : Supreme Court of India

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 20

Reported in : 2008(2)ALLMR(SC)332; (2008)2CALLT1(SC); 2008(1)CTLJ309(SC); JT2008(1)SC531; 2008(2)KarLJ617; (2008)2MLJ944(SC); 2008(1)SCALE520; 2008AIRSCW819; 2008(3)CivilLJ398; 2008(2)KLJ617; AIR2008SC1378; 2008(2)Supreme139; 2008(1)SCALE520; 2008(3)LH(SC)2003

the real estate has shoot up very high, therefore, while exercising our jurisdiction under Section 20 of the Specific Relief Act, 1963 we would like to be equitable and would not allow the sale of property to be executed for … bridge, the value of the real estate has shoot up very high, therefore, while exercising our jurisdiction under Section 20 of the Specific Relief Act, 1963 we would like to be equitable and would not allow the