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L. Venkata Krishna Reddy (Died) and ors. Vs. M. Anjappa (Died) Per L.R ...
Andhra Pradesh
Apr-29-2009
Contract
Specific Relief Act, 1963 - Sections 28; Limitation Act - Sections 5 - Scheduled - Article 54; Code of Civil Procedure (CPC) - Sections 115 - Order 9, Rule 13 - Order 21, Rule 32
AIR2009AP179; 2009(15)ALT599
execution petition on that ground alone. It is also contended that in view of Section 28 of the Specific Relief Act, 1963, the Court below ought to have held that the contract was deemed to have been rescinded on the … to have dismissed the execution petition on that ground alone. It is also contended that in view of Section 28 of the Specific Relief Act, 1963, the Court below ought to have held that the contract was … order dated 25-09-2008 in E.P. No. 50 of 1996 in O.S. No. 33 of 1985 on the file of the Court of Senior Civil Judge,
Tag this Judgment! AI Brief & AskShamsu Suhara Beevi Vs. G. Alex and anr.
Supreme Court of India
Aug-20-2004
Contract
Indian Income Tax Rules; Indian Income Tax Act; Specific Relief (Amendment) Act, 1963 - Sections 21, 21(4), 21(5), 28 and 28(3); Indian Contract Act, 1872 - Sections 73
2004(4)AWC3022(SC); 2004(3)BLJR1789; (SCSuppl)2005(1)CHN99; JT2004(8)SC457; 2004(3)KLT754(SC); 2004(7)SCALE265; (2004)8SCC569; MANU/SC/0656/2004
above directions. Contract - Specific Relief Act, 1877 - Section 19(1) - Specific Relief (Amendment) Act, 1963 - Sections 21, 21(4), 21(5), 28 and 28(3) - Power of Court to award compensation in suit for specific performance … be executed. On 17.2.1998 respondents moved another application, IA No. 851 of 1998, under Section 28(3) of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act') claiming interest @ 12% on Rs. 44,66,385/- (sale consideration) from the date
Tag this Judgment! AI Brief & AskHari S/O Ramji Vs. Mahadu S/O Kerba Tekale Died Through Lrs. Shivaji M ...
Mumbai
Jun-22-2006
Contract
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
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 … contention. The Supreme Court has clearly laid down that the High Court is clothed with ample power under Sections 148, 149 and 151 of the Civil Procedure Code to do justice to the litigant if sufficient cause … directed against the judgment and decree passed in Regular Civil Appeal No. 389 of 1983 by the leardned District Judge, Nanded on 29th October, 1985.
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
A. Velliangiri (Deceased) and 3 Others Vs. M/S. Ram Bahadur Takur (P)l ...
Chennai
Feb-20-1998
ContractProperty
Foreign Exchange Regulation Act, 1973; Specific Relief Act, 1963 -- Sections 22, 28(3); Transfer of Property Act, 1882-- Sections 52
1998(1)CTC436; (1998)IIMLJ298
learned single Judge has also dealt with a case with reference to Sections 22 and 28(3) of the Specific Relief Act, 1963, and Section 52 of the Transfer of Property Act, in the light of the decisions cited. In our
Tag this Judgment! AI Brief & AskChanda (Dead) Through Lrs. Vs. Rattni and anr.
Supreme Court of India
Mar-23-2007
PropertyContract
Code of Civil Procedure (CPC), 1908 - Sections 115 - Order 21, Rule 12; Specific Relief Act, 1963 - Sections 28 and 28(1); Specific Relief Act, 1877 - Sections 35 and 35(3)
AIR2007SC1514; 2007(3)ALLMR(SC)341; 2007(2)AWC1903(SC); 2007(3)CTC773; [2008(1)JCR87(SC)]; JT2007(5)SC28; (2007)3MLJ799(SC); 2007(5)SCALE53
purchaser of the suit land. On 8.9.1998, the judgment debtors-respondents moved an application under Section 28 of the Specific Relief Act, 1963 (for short the 'Act') with a prayer that the agreement to sell dated 25.3.1989 be rescinded since the … of a learned Single Judge of the Punjab and Haryana High Court dismissing the revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (in short the 'Code').2. Background facts as projected by the
Tag this Judgment! AI Brief & AskSm. Dhiraj Bala Karia Vs. Jethia Estate Pvt. Ltd.
Kolkata
Jul-22-1982
ContractCivil
Specific Relief Act, 1963 - Sections 22, 22(1), 28 and 28(3); ;West Bengal Court-fees Act, 1970 - Sections 7 and 21(2)
AIR1983Cal166,87CWN131
can grant also reliefs for possession, partition etc., only in the manner laid down in Section 22(1)(a) ofthe Specific Relief Act, 1963. The plaintiff in a suit for Specific Performance under Sub-section (1) of Section 22 of the Specific Relief … grant of lease of the suit premises to the plaintiff, made an application before the trial Court under Sections 10 and 11 ofthe West Bengal Court-fees Act, 1970, for determination of the correct valuation of the suit … Estates Pvt. Ltd., has also filed a Revisional Application (Civil Order No. 2842 of 1981), inter alia, contending that both for the purposes of court-fees … the rent @ Rs. 250/- per month. (c) An amount of Rs. 30,000/- would be kept by the plaintiff with the defendant in suspense account
Tag this Judgment! AI Brief & AskA. Pramila and anr. Vs. G.V. Rathaiah
Andhra Pradesh
Aug-18-1998
Contract
Specific Relief Act, 1963 - Sections 21, 22, 22(1), 28 and 28(1 and 3); Code of Civil Procedure (CPC), 1908 - Sections 47 - Order 2, Rule 2; Transfer of Property Act, 1882 - Sections 55 and 55(1)
1998(5)ALD689; 1998(5)ALT719
decree is not satisfied unless possession of the property is delivered. Placing reliance on Section 22 of the Specific Relief Act, 1963 he further submits that, a decree-holder in a suit for specific performance of immovable property is entitled for … Order 2 Rule 2 and Section 55 of the Transfer of Property Act, have considered the scope of Sections 21, 22 and 28. In a case where a vendor selling the immovable property to another in pursuance … this C.R.P. are as follows:The petitioners are the respondents-judgment-debtors. The suit O.S.No. 388/82 was filed on the file of the District and Sessions Judge, Ranga
Tag this Judgment! AI Brief & AskYella Simhachalam Vs. Siripuram Somulu
Andhra Pradesh
Jul-09-2001
PropertyContract
Specific Relief Act, 1963 - Sections 28, 28(1), 28(2), 28(3) and 28(4); Code of Civil Procedure (CPC), 1908 - Sections 115 and 151 - Order 21, Rule 32(5); Limitation Act - Schedule - Article 137
2001(5)ALD469; 2001(5)ALT235
Sharma, 1987 (2) APLJ 114, and had submitted that the scope and object of Section 28 of the Specific Relief Act, 1963 had been well explained by the Division Bench of this Court and the Court below had totally ignored … Consequently the present application IA No. 784 of 1985 in OS No. 133 of 1973 was filed under Section 28 of the specific Relief Act read with Section 151 CPC praying rescinding of the contract on the … coming into force of the Specific Relief Act, Sub-rule (5) of Rule 32 of Order. XXI CPC has been retained and continued. It has been
Tag this Judgment! AI Brief & AskJoseph and anr. Vs. Joseph
Kerala
Mar-03-1997
Civil
Specific Relief Act, 1963 - Sections 28(3)
AIR1997Ker301
on 13-12-1995 praying therein to give a direction to execute the sale deed under Section 28(3) of the Specific Relief Act, 1963. But the learned Sub Judge declined to do so and passed the impugned order by saying that a … a petition (II.A. 6988/96) on 13-12-1995 praying therein to give a direction to execute the sale deed under Section 28(3) of the Specific Relief Act, 1963. But the learned Sub Judge declined to do so and passed
Tag this Judgment! AI Brief & AskBalasa Sarada Vs. Talluri Anasuryamma (Died) and ors.
Andhra Pradesh
Feb-02-2007
Civil
Code of Civil Procedure (CPC) , 1908 - Order 21, Rule 34; Specific Relief Act, 1963 - Sections 28, 28(3) and 28(4)
AIR2007AP130; 2007(2)ALD802; 2007(3)ALT4
of registered sale deed, can be got executed either by filing an application under Section 28(3)(a) of the Specific Relief Act, 1963 or by filing an execution petition under Order XXI, Rule 34 of the Code of Civil Procedure, 1908, … insurer and will be negation of the intention of the Legislature and annihilate mandate of the provisions of Sections 170 and 149 of the Act. The insured can pursue appeal only after giving up the insurer as
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