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Sheo Murat Vs. Ram Murat
Allahabad
Feb-23-2004
Property
Specific Relief Act, 1963 - Sections 26 and 26(2)
AIR2004All263; 2004(2)AWC1320
court is set aside and the decree of the trial court is restored. Property - sale deed - Sections 26 and 26 (2) of Specific Relief Act, 1963 - appellant claimed rectification of sale deed - whether a … this appeal was framed as following :'Whether a suit for rectification of instrument under Section 26 of the Specific Relief Act, 1963 is maintainable on behalf of a person who is not a party to the said instrument, sought to
Tag this Judgment! AI Brief & AskPuran Ram Vs. Bhaguram and anr.
Supreme Court of India
Feb-29-2008
PropertyCivil
Specific Relief Act, 1963 - Sections 26 and 26(4); Code of Civil Procedure (CPC) - Order 6, Rule 17; Constitution of India - Article 227
AIR2008SC1906; 2008(3)ALLMR(SC)843; (SCSuppl)2008(3)CHN145; 2008(2)CTC224; [2008(3)JCR26(SC)]; JT2008(4)SC37; 2008(4)KLT233(SC); 2008(4)MhLj1; (2008)4MLJ258(SC); 2008AIRSCW2265; 2008(4)SCC102; 2008(3)CivilLJ384; 2008; (3)ICC172; 2008(2)Supreme166; 2008(2)LH(SC)784; AIR 2008 SC 1960
for amendment, the appellant sought amendment of the agreement on the ground that under Section 26 of the Specific Relief Act, 1963, he was entitled to seek amendment in the plaint as well as in the agreement by which the … In the said application for amendment, the appellant sought amendment of the agreement on the ground that under Section 26 of the Specific Relief Act, 1963, he was entitled to seek amendment in the plaint as well … which the High Court, in the exercise of its power under Article 227 of the Constitution, had reversed the order of the Second Additional District
Tag this Judgment! AI Brief & AskCommissioner of Income-tax, Kanpur Vs. Kamla Town Trust
Supreme Court of India
Nov-16-1995
Direct Taxation
Specific Relief Act, 1963 - Sections 26 and 31; Income-tax Act, 1922 - Sections 4(3) and 34; Income-tax Act, 1961 - Sections 2(15), 11, 148 and 256(1); Specific Relief Act, 1877 - Sections 31; Industrial Disputes Act, 1947; Trust Act, 1882 - Sections 34; Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913 ;Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913
AIR1996SC620; (1996)130CTR(SC)112; [1996]217ITR699(SC); JT1995(8)SC364; 1995(6)SCALE517; (1996)7SCC349; [1995]Supp5SCR300
grant rectification of the Trust Deed is concerned the relevant provision is found in Section 26 of the Specific Relief Act, 1963 which had succeeded the prior Specific Relief Act of 1877. Under the earlier Act an analogous provisions was … attracted in such cases. Said section lays down that judgments, orders or decrees other than those mentioned in Sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree is a fact … Income Tax, Kanpur has brought in challenge the judgment and order dated 20th February 1975 of the Allahabad High Court in Income Tax References Nos.
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Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...
Mumbai
Dec-03-1992
Property
Transfer of Property Act, 1882 - Sections 105; Trusts Act, 1882 - Sections 3 and 63; Code of Civil Procedure (CPC) , 1908 - Order 1, Rules 9, 10 and 13 - Order 31, Rule 1; Specific Relief Act, 1963 - Sections 9, 20, 20(2) and 26; Evidence Act, 1872 - Sections 115; Contract Act, 1872 - Sections 2; Limitation Act, 1963 - Sections 3(2) - Schedule - Article 113
1993(2)BomCR329
13. Whether the declaratory relief claimed by plaintiff is barred by the Proviso to section 34 of the Specific Relief Act, 1963? 14. (a) Whether the passage figuring in the suit has to be kept fully open and with out … glance at the provisions of the SR Act will be instructive. Subject to the overriding factor of discretion, sections 10, 11, 14, 16, 21, 23 and 24 of the said Act pertain to this aspect of the … to the vendor a sum of Rs. 5,000 as earnest money on 26th October 1950. Ex.B goes on to recite that for the consideration of … This is a suit for enforcing rights allegedly conferred under conveyance dated 20th March 1951 - hereinafter referred to as 'Ex.B'.2. Ratanchand Hirachand Doshi was
Tag this Judgment! AI Brief & AskRam Suchit and anr. Vs. 1st Additional District Judge, Gorakhpur and o ...
Allahabad
Oct-23-1984
PropertyContract
Specific Relief Act, 1963 - Sections 26(2)
AIR1986All149
their costs from the respondent No. 2, Chhedi. Property - rectification of sale deed - Section 26(2) of Specific Relief Act, 1963 - suit for rectification would affect the third party claiming to be impleaded - proper party to the … adversely affect the petitioners and, therefore, they must be held to be proper parties to the suit. 8. Section 26, Sub-section (2) of the Specific Relief Act provides as follows : -- '(2) If. any suit in
Tag this Judgment! AI Brief & AskResidency Resorts Private Limited vs United Service Institution of Ind ...
Delhi
Mar-20-2026
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 … in Section 14(1) of the Specific Relief Act.8. Here the VOC dated 26th November 2010 is byits very nature determinable. There appear prima facie to … alleged breach of contract on the part of the respondent, can always sue for damages.15. In view of Sections 14 and 34 of theSpecific Relief Act, injunction cannot be granted. These provisions have come up for consideration … * IN THE HIGH 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
Tag this Judgment! AI Brief & AskK.V. Sudha Rani and ors. Vs. the Vijayawada-guntur-tenali-mangalagiri ...
Andhra Pradesh
Mar-24-2008
Property
Andhra Pradesh Urban Areas (Development) Act, 1975 - Sections 3; Indian Registration Act, 1908 - Sections 17; Registration Rules, - Rule 26; Evidence Act, 1872 - Sections 91; Transfer of Property Act, 1882 - Sections 5, 6, 7, 8, 54 and 55; Specific Relief Act, 1963 - Sections 31, 31(1) and 31(2)
2008(4)ALD545; 2008(3)ALT760
the value of one hundred rupees and upwards, to or in immovable property.20. Under Section 31(1) of the Specific Relief Act, 1963 any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such … the only conclusion would be is that the ghee would not fall within ambit of the definitions aforesaid. Sections 4 & 3: [V.V.S. Rao, N.V. Ramana & P.S. Narayana, JJ] Declaration of notified area Held, It is … of the registration, it can do so by taking recourse to Rule 26(k)(i) of the Andhra Pradesh Rules made under the Act (for short 'the … cases are similar, for convenience facts in Writ Petition No. 13032 of 2006 are narrated hereinbelow:The respondent-authority was constituted under the provisions of Section 3
Tag this Judgment! AI Brief & AskSmt. Shakuntla Devi Vs. Mohanlal Amrit Raj JaIn Market
Rajasthan
May-26-1994
Contract
1994(2)WLN98
learned District Judge, Pali whereby he decreed the Civil Original Suit No. 12/78 filled by the plaintiff-respondent for specific performance of contract dated 26.1.78.2. Put the facts briefly are as follows--The plaintiff-respondent filed a suit against the … to obtain a certificate of Clearance from the Income-tax Department as contemplated Under Section 230A of the Income-tax Act, 1961 (for short the Act of 1961). The plaintiff- respondent has specifically pleaded in his plaint about his … obtain a certificate of Clearance from the Income-tax Department as contemplated Under Section 230A of the Income-tax Act, 1961 (for short the Act of 1961).
Tag this Judgment! AI Brief & AskRaghuvir Singh Bhatty Vs. Ram Chandra Waman Subhedar
Allahabad
Sep-27-2001
ContractLimitation
Specific Relief Act, 1963 - Sections 10, 20 and 21; Code of Civil Procedure (CPC), 1908 - Sections 100 - Order X, Rule 2; Indian Contract Act - Sections 73; Urban Land (Ceiling and Regulation) Act, 1976 - Sections 26, 27 and 27(4); Limitation Act, 1963 - Schedule - Article 54
2001(4)AWC3140
to run from date of intimation by defendant.(ii) Contract - performance - Sections 10, 20 and 21 of Specific Relief Act, 1963 - contract for sale of land for building house - time not of essence to contract - sale … The plaintiff who seems to have had some inkling of this order sent his replies dated 25.10.1985 and 26.11.1986 referring to the order and demanding specific performance of contract. The plaintiff also returned the cheque sent by … recompense to him in the deal which he had entered into on 23.10.1981 with the defendant. He had then paid a sum of Rs. 41,670
Tag this Judgment! AI Brief & AskBanu Wife of KutubuddIn Sulemanji Vimanwala and anr. Vs. KutubuddIn Su ...
Mumbai
Oct-05-1994
Family
Limitation Act, 1963 - Sections 23(3) and 29(3) - Schedule - Article 113; Dissolution of Muslim Marriages Act, 1939 - Sections 2; Code of Civil Procedure (CPC) , 1908 - Order 7, Rule 6; Muslim Women's (Protection of Rights on Divorce) Act, 1986 - Sections 3(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 125
1995(2)BomCR110
the plaint also there is a reference that the second divorce before the Amil of Indore but no specific relief was asked for by stating that necessary particulars are not available. Therefore, both the parties know that what … no question of limitation at all to a matrimonial suit in view in section 29(3) of the Limitation Act, 1963.Section 29(3) of the Limitation Act, 1963 reads as follows :'29(3) Save as otherwise provided in any law for … has given the details of the jewellery and moveables in pages 25, 26 and 27 of her deposition. As already stated, these details are not … legal impediment to grant arrears of maintenance. (v) Limitation - amendment - Sections 23 (3), 29 (3) and Article 113 of Schedule to Limitation Act, … plaintiff is the wife of the defendant. The 2nd plaintiff is the son of the 1st plaintiff
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