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Smt. Krishnabai C. Kadam and Others Vs. Wellworth Developers and Other ...
Mumbai
Apr-27-2000
Property
Specific Relief Act, 1963 - Sections 16, 29 and 37; Code of Civil Procedure (CPC), 1908 - Orders 6, 7 and 39, Rules 1, 2, 7 and 16; Income Tax Act, 1961; Indian Contract Act, 1872 - Sections 65
AIR2001Bom9; 2000(4)ALLMR200; 2000(4)BomCR757; 2000(4)MhLj532
the Personal Secretary be made available to the parties. 33. Chamber Summons dismissed. Property - specific performance - Sections 16, 29 and 37 of Specific Relief Act, 1963 - defendants seeking striking out of part of plaint … dissolved and the accounts be made etc. 15. Mr. Divan drew my attention to section 29 of the Specific Relief Act, 1963, in this behalf and submitted that a plaintiff who institutes a suit for specific performance may in the
Tag this Judgment! AI Brief & AskDoshi Mohanlal Durlabhji Vs. Savarkundla Municipality
Gujarat
Mar-26-1981
PropertyContract
Specific Relief Act, 1963 - Sections 37, 38 and 41; Gujarat Municipalities Act, 1964 - Sections 65 and 66
AIR1982Guj6; (1982)1GLR290
to be considered whether the plaintiff can get an injunction. Under the provisions of Sec 37 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act'), the modes of granting temporary and perpetual injunctions 'are given. Sub-section (1) … of dispute. There shall be no order as to costs all throughout.20. Appeal dismissed. Property - allotment - Sections 37, 38 and 41 of Specific Relief Act, 1963 and Sections 65 and 66 of Gujarat Municipalities Act, 1964
Tag this Judgment! AI Brief & AskSarala Devi and ors. Vs. Daya Ram and ors.
Delhi
Sep-08-1995
ContractCivil
Code of Civil Procedure (CPC), 1908 - Order 37; Indian Contract Act, 1872 - Sections 37; Specific Relief Act, 1963 - Sections 15
60(1995)DLT3; 1995(35)DRJ36
compensation for the land in question.(7) It may be noted that under sections 15(b) and 19(b) of the Specific Relief Act, 1963 (which correspond to old sections 23 (6) and 27(b) of Specific Relief Act,1877) the representative in interest of … who has paid his money in good faith and without notice of the original contract.(8) In this context, Sections 37 and 40 of the Indian Contract Act, 1872 are also relevant. The said provisions are as follows:- '37.The
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Sri Subramanya Sri Devara Bhandram Vs. Srinivasa Rao
Karnataka
Nov-27-1995
Civil
Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Specific Relief Act, 1963 - Sections 37, 38 and 41
ILR1996KAR1485
-Order 39 Rules 1 & 2 : SPECIFIC RELIEF ACT, 1963 (Central Act No. 47 of 1963) - Sections 37, 38 & 41 - In the matter of granting temporary injunction principles under Specific Relief Act have controlling … it also seems that the attention of the learned Judge was not directed towards Section 41(h) of the Specific Relief Act, 1963 which lays down that an injunction, which is a discretionary equitable relief, cannot be granted when an equally
Tag this Judgment! AI Brief & AskCotton Corporation of India Limited Vs. United Industrial Bank Limited ...
Supreme Court of India
Sep-19-1983
BankingCommercial
Specific Relief Act, 1963 - Sections 37 and 41; Code of Civil Procedure (CPC), 1908 - Sections 9 and 151 - Order 39; Companies Act, 1956 - Sections 433 and 434; Companies (Court) Rules, 1959 - Rules 95 and 96
AIR1983SC1272; (1983)85BOMLR481; [1984]55CompCas423(SC); (1983)3CompLJ171(SC); 1983(2)SCALE324; (1983)4SCC625; [1983]3SCR962; (1984)55SCC423; MANU/SC/0375/1983
of the provisions contained in 0.39 of the CPC read with Section 37 of the Specific Relief Act, 1963 or in exercise of the inherent … examine in this appeal is : Whether in view of the provision contained in Section 41(b) of the Specific Relief Act, 1963 ('Act' for short), the Court will have jurisdiction to grant an injunction restraining any person from instituting any … winding-up petition against the Bank.7. Part III of the Act bears the heading 'Preventive Relief' and fasciculus of sections therein included provide for injunctions generally. Section 36 provides that preventive relief is granted at the discretion of
Tag this Judgment! AI Brief & AskOrissa Manganese and Minerals (Pvt.) Ltd. Vs. Adhunik Steel Ltd.
Orissa
Mar-18-2005
ContractCivil
Arbitration and Conciliation Act, 1996 - Sections 9, 37 and 37(1); Indian Contract Act - Sections 10, 23 and 73; Specific Relief Act, 1963 - Sections 14, 14 and 14(3); Income Tax Act, 1961; Mineral Concession Rules, 1960 - Rules 30, 37 and 37(1)
AIR2005Ori113
Rules, 1960 and therefore such an agreement is illegal and cannot be enforced.(ii) Under Section 14 of the Specific Relief Act, 1963, the agreement dated 14-5-2003 is not enforceable as it is terminable.(iii) The agreement dated 14-5-2003 cannot also be … L. Mohapatra, J.1. This appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter called as the 'Act') is directed against the order
Tag this Judgment! AI Brief & AskSouth India Wire Ropes Ltd. a Company Registered Under the Companies A ...
Karnataka
Sep-29-2006
Civil
Specific Relief Act, 1963 - Sections 36, 37, 37(2), 38, 38(2), 38(3) and 41; Contract Act, 1872 - Sections 128
AIR2007Kant59; ILR2007(1)KarSN10:2007(1)KCCRSN19:2007(1)AIRKarR267
not maintainable - Petition allowed and impugned order set aside - SPECIFIC RELIEF ACT, 1963 [C.A. No. 47/1963]. Sections 37 & 38: [D.V. Shylendra Kumar, J] Enforcement of Bank Guarantee Suit for bare injunction Maintainability No declaration sought … nature does not lie in view of the provisions of Section 38 read with Section 41 of the Specific Relief Act, 1963 [for short, the Act).20. Sri Sriranga, learned Counsel for the first respondent-plaintiff, who has contested this appeal, and
Tag this Judgment! AI Brief & AskSmt. Sarojdevi and ors. Vs. Charushil and ors.
Mumbai
Apr-03-1986
Contract
Specific Relief Act, 1963 - Sections 15 and 16; Contract Act, 1872 - Sections 37 and 45; Code of Civil Procedure (CPC) , 1908 - Order 22, Rules 1, 2, 3, 3(1), 3(2) and 11; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Order 1, Rule 9
AIR1986Bom315; 1986MhLJ745
Relief Act, 1887, has been repealed by the Specific Relief Act of 1963 and Section 13, of the Specific Relief Act, 1963, corresponds with Section 23 of the repealed Act. It was, therefore, contended by the learned counsel for the … Act, 1963, where a suit was filed for the specific performance of the joint and indivisible contract under Sections 37 and 45 of the Contract Act, 1872 and where the legal representatives of the deceased plaintiff was not
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 … therefore contrary to Section 38 of the Indian Contract Act, 1872.12. Section 37 of the Contract Act deals with obligation of parties to contract and
Tag this Judgment! AI Brief & AskMunisettappa and Others Vs. Krishnappa and Anothers
Karnataka
Jan-08-1992
ContractProperty
Specific Relief Act, 1963 - Sections 15, 23 and 27 ; Code of Civil Procedure (CPC), 1908 - Order 22, Rules 1 and 3; Indian Contract Act, 1872 - Sections 37; Specific Relief Act, 1877 - Sections 23; Constitution of India - Article 141; Pre-emption Act, 1913 - Sections 15
AIR1992Kant375; ILR1992KAR1174; 1992(2)KarLJ189
contended that this view taken by the learned Civil Judge is directly opposed to Section 15(b) of the Specific Relief Act, 1963 and also the law declared by the Supreme Court in the decision reported in the case of Ram … learned Advocate for appellants contended that this view taken by the learned Civil Judge is directly opposed to Section 15(b) of the Specific Relief Act, 1963 and also the law declared by the Supreme Court in the … notice of the original contract;' Reference should also be made to Ss. 37 and 40 of the Indian Contract Act which are to the following
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