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Nagorao Narayan Diewane Since Deceased Through Heirs Vs. Narayan Awadu ...
Mumbai
Oct-22-1999
Property
Code of Civil Procedure (CPC), 1908 - Sections 100 and 102; Indian Limitation Act, 1908 - Sections 34 - Articles 58 and 120; Specific Relief Act, 1963 - Sections 5, 6 and 34; Evidence Act, 1872 - Sections 58, 92, 101 and 114; Benami Transaction (Prohibition) Act, 1988 - Sections 2; Indian Limitation Act, 1963 - Sections 3, 4 to 24 - Article 58; Specific Reliefs Act, 1877 - Sections 42; C.P. Land Revenue Act - Sections 80(3); Stamp Act, 1899; Registration Act, 1908;
2000(1)ALLMR555; 2000(4)BomCR165; (2000)1BOMLR857; 2000(2)MhLj273
merits no consideration at all and deserves to be dismissed. I therefore, pass the following order : [A] Specific Relief Act, 1963 - Section 34 - Suit for declaration - Finding of Court that plaintiff was in possession of suit … that the plaintiff brought the suit for mere declaration of title without claiming consequential relief of possession. That section 34 of the Specific Reliefs Act, 1963 entitles a person to get a declaratory decree of status or
Tag this Judgment! AI Brief & AskState of Karnataka Vs. Vishwanatha Rao
Karnataka
Jul-08-1985
Civil
Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) , 1908 - Sections 2(2) and 9; Karnataka Registration of Births and Deaths Rules - Rule 12
ILR1985KAR2460
that the question whether the suit is or is not maintainable in view of Section 34 of the Specific Relief Act, 1963 cannot be gone into by this Court in these batch of cases. I have already pointed out how … as a declaratory decree.17. Chapter VI of the Specific Relief Act, 1963 provides for passing of declaratory decrees. Sections 34 and 35 are the only two Sections in the said Chapter.They read as follows:-'Section 34. Any person entitled
Tag this Judgment! AI Brief & AskDumpala Ramachandra Reddy Vs. Dumpala Kanta Reddy and ors.
Andhra Pradesh
Nov-17-1971
FamilyProperty
Specific Relief Act, 1963 - Sections 34
AIR1973AP189
maintainability of the suit. The answer to the question turns upon the provisions of Section 34 of the Specific Relief Act, 1963 which are in pari materia with those of Section 42 of the old Act. Section 34 of the … arising out of a contract which only affects the pecuniary relationship of the parties is not permissible under Section 42 of the Specific Relief Act.8. Sri R. V. Subba Rao, the learned counsel for the Ist respondent
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Datla Chandraiah (Died) by Lr and anr. Vs. Kothalanka Durga Vara Prasa ...
Andhra Pradesh
Jul-03-2002
PropertyCivil
Code of Civil Procedure (CPC) , 1908 - Sections 2(11) and 115 - Order 1, Rule 9; Specific Relief Act, 1963 - Sections 34 and 35
2002(5)ALD294
same is pending disposal. The learned Counsel also had drawn my attention to Sections 34 and 35 of Specific Relief Act 1963 and also certain interlocutory proceedings and the orders made thereon in the suit. The learned Counsel further contended
Tag this Judgment! AI Brief & AskFood Corporation of India, Gorakhpur Vs. Mahabir Prasad Bhartiya
Allahabad
Dec-15-1987
Contract
Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) , 1908 - Sections 9 - Order 7, Rule 7
AIR1988All160
was no cause of action for the suit, that the suit was barred by Section 34 of the Specific Relief Act, 1963 (for short the Act). The plaintiff was not entitled to any relief.4. The suit was decreed and the … we may read Section 34 of the Act along with Order 7, Rule 7, Order 2, Rule 2, Sections 9 and 99 of the Civil P.C. 1908 (for short Code). Order 7, Rule 7 of the Code
Tag this Judgment! AI Brief & AskA. Philoman Raj Vs. S. Kunna Gounder,
Chennai
Jul-20-2009
CivilProperty
Debt Relief Act; Evidence Act - Sections 92; Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) - Sections 11
(2009)8MLJ267
At this juncture, it would be more useful to look into the provision of Section 34 of the Specific Relief Act, 1963 and the same reads as follows;Discretion of Court as to declaration of status or right.- Any person entitled … deserves dismissal thus dismissed accordingly - T.N. ESTATES (ABOLITION & CONVERSION INTO RYOTWARI) ACT, 1948 [Act No. 26/1948]. Sections 5(2) & 67; [A.P. Shah, CJ, Mrs. Prabha Sridevan & P. Jyothimani, JJ] Suo motu revisional powers Held,
Tag this Judgment! AI Brief & AskRamnarayan and ors. Vs. Firm Mangeram Radheshyam Hardoi (U.P.) and anr ...
Madhya Pradesh
Nov-13-1978
ContractCivil
Specific Relief Act, 1963 - Sections 34; Code of Civil Procedure (CPC) - Sections 9 - Order 7, Rule 7
AIR1979MP61
with the lower Court which dismissed the suit as not maintainable in view of Sec. 34 of the Specific Relief Act, 1963. 6. Shri Y.S. Dharmadhikari, Learned counsel for the plaintiffs-appellants, contends that Section 34 of the Specific Relief Act … 34 of the Specific Relief Act, 1963. 6. Shri Y.S. Dharmadhikari, Learned counsel for the plaintiffs-appellants, contends that Section 34 of the Specific Relief Act is not exhaustive of the declaratory reliefs. Such reliefs, according to the
Tag this Judgment! AI Brief & AskS. Thiagarajan Vs. Saraswathy Kittu and 6 Others
Chennai
Sep-10-1999
Property
Transfer of Property Act, 1882 -- Sections 41, 122, 123 and 126; Specific Relief Act, 1963 -- Sections 34; Specific Relief Act, 1877 -- Sections 42; Code of Civil Procedure (CPC), 1908 -- Order 6, Rul3 4; Code of Criminal Procedure (CrPC) , 1973 -- Sections 145 and 146
1999(3)CTC217
to grant the declaration as prayed for is taken away by the proviso to section 34 of the Specific Relief Act, 1963 (hereinafter referred to as the Act). Therefore in view of the finding rendered by the learned trial Judge … throughout. The cross objections deserve acceptance and they stand allowed with costs throughout. (i) Property - title - Sections 41, 122, 123 and 126 of Transfer of Property Act, 1882, Section 34 of Specific Relief Act, 1963,
Tag this Judgment! AI Brief & AskMr. Guna Krishna Gauns and Mrs. Lakshimi Guno Gauns Vs. Mr. Antonio Jo ...
Mumbai
Dec-15-2008
Property
Mundkar Act; Specific Relief Act, 1963 - Sections 34 and 42; Contract Act, 1872 - Sections 37 and 38; Code of Civil Procedure (CPC) - Order 7, Rule 7
2009(111)BomLR716
itself i.e. main relief and that is in the light of the proviso to Section 34 of the Specific Relief Act, 1963. The submission is that the suit was bound to fail in the absence of a prayer for recovery … maintainability of the suit itself i.e. main relief and that is in the light of the proviso to Section 34 of the Specific Relief Act, 1963. The submission is that the suit was bound to fail in
Tag this Judgment! AI Brief & AskSri Aralappa Son of Sri Chowrappa, Major Vs. Sri Jagannath Son of Late ...
Karnataka
Aug-24-2006
Property
Indian Succession Act; Transfer of Property Act - Sections 5; Specific Relief Act, 1963 - Sections 34 and 42; Code of Civil Procedure (CPC) - Sections 35A - Order 9, Rule 13 - Order 41, Rule 35
AIR2007Kant91; ILR2007KAR339
to declaration of ownership, is relief of possession of the property. The proviso to Section 34 of the Specific Relief Act, 1963, also affirms the said view. Where the plaintiff is out of possession of the land and does not … in OS No. 224/78 is not binding on him?7. Whether the defendant is entitled for exemplary costs under Section 35A of CPC?7. In support of their contention Aralappa was examined as P.W-1, Arokyaswamy was examined as P.W-2.
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