Advanced Search Results
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 … 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 & AskAdhunik Steels Ltd. Vs. Orissa Manganese and Minerals Pvt. Ltd.
Supreme Court of India
Jul-10-2007
ArbitrationContract
Arbitration and Conciliation Act, 1996 - Sections 9, 11, 11(6), 28 and 37(1); Specific Relief Act, 1963 - Sections 14, 14(1), 14(3), 36, 38, 39, 40, 41 and 42; Arbitration Act; Mineral Concession Rules, 1960 - Rule 37; Code of Civil Procedure (CPC) - Sections 94 - Order 39, Rule 2
AIR2007SC2563; 2007(3)ARBLR65(SC); (2007)3CompLJ316(SC); 2007(4)CTC340; JT2007(9)SC147; 2007(6)MhLj502; (2007)6MLJ80(SC); 2007MPLJ436(SC); 2007(9)SCALE126; (2007)7SCC125; 2; MANU/SC/2936/2007
interim injunction that generally govern the Courts in this connection. -- SPECIFIC RELIEF ACT, 1963 [C.A. No. 47/1963]. Sections 38 & 39:Grant of interim relief under Section 9 of the Arbitration & Conciliation Act, 1996 - Held, The … varieties of specific relief are, decree of specific performance and the injunction (See David Bean on Injunctions). The Specific Relief Act, 1963 was intended to be 'An Act to define and amend the law relating to certain kinds of specific
Tag this Judgment! AI Brief & AskMunicipal Council, Udaipur Vs. Mahendra Kumar
Supreme Court of India
Mar-27-2008
Property
Rajasthan Rent and Premises (Control of Rent Eviction) Act, 1950; Transfer of Property Act, 1882 - Sections 106; Specific Relief Act, 1963 - Sections 38; Rajasthan Municipality Act, 1959
AIR2008SC2507; 2008(2)AWC1754(SC); (SCSuppl)2008(3)CHN31; JT2008(4)SC430; (2008)4MLJ803(SC); 2008(4)SCALE825; 2008AIRSCW3469; 2008(4)LH(SC)2343; 2008(2)KCCRSN125
complied with by the licensee.11. The suit was for permanent injunction, in terms of Section 38 of the Specific Relief Act, 1963 (for short 'Specific Relief Act'). Section 38 reads as under:38. Perpetual injunction when granted - (1) subject to … It was pointed out that the respondent can be evicted from the suit premises by giving notice under Section 106 of the Transfer of Property Act, 1882 (in short 'TP Act') where the lease did not subsist
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Bajaj Tempo Limited and Vs. Pimpri-chinchwad New Township Municipal Co ...
Mumbai
Mar-03-1986
Other Taxes
Maharashtra Village Panchayat Taxes and Fees Rules, 1960 - Rules 11 and 13; ;Maharashtra Municipalities Act, 1965 - Sections 304; Specific Relief Act, 1963 - Sections 38
1986(2)BomCR321
ambit of sub-section (4) of section 304 of the Municipalities Act being suits under section 38 of the Specific Relief Act, 1963 and, therefore, notice under section 304 was not required to be served on the defendants and (iii) in … was for an injunction and under the circumstances of the cases they filed suits without giving notice under section 304 of the Maharashtra Municipalities Act, 1965 (hereinafter referred to as the 'Municipalities Act').5. The suits were resisted
Tag this Judgment! AI Brief & AskP. Buchi Reddy and Others Vs. Ananthula Sudhakar
Andhra Pradesh
Jan-18-1999
ContractProperty
Transfer of Property Act, 1882 - Sections 41, 122 and 123; Registration Act, 1908 - Sections 17; Specific Relief Act, 1963 - Sections 38; Adoptions and Maintenance Act, 1956 - Sections 3
1999(2)ALD327; 1999(2)ALT192
resist interference from another who has no better title than himself and get injunction. Section 38 of the Specific Relief Act, 1963 deals with the grant of perpetual injunction. Under sub-section (3) of Section 38 a perpetual injunction may be … be granted even if no declaratory relief is expressly prayed for. Therefore, on a reading of these two Sections it is clear that a suit for bare injunction is maintainable without a prayer for declaration of title.17.
Tag this Judgment! AI Brief & AskRamji Rai and anr. Vs. Jagdish Mallah (Dead) Through L.Rs. and anr.
Supreme Court of India
Dec-04-2006
Property
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; Specific Relief Act, 1963 - Sections 38
AIR2007SC900; 2007(3)ALLMR(SC)371; [2007(2)JCR236(SC)]; 2006(13)SCALE328
had failed to prove that they were in possession of the disputed lands. Under Section 38 of the Specific Relief Act, 1963 an injunction restraining disturbance of possession will not be granted in favour of the plaintiff who is not … ground that the appellants had failed to prove that they were in possession of the disputed lands. Under Section 38 of the Specific Relief Act, 1963 an injunction restraining disturbance of possession will not be granted in
Tag this Judgment! AI Brief & AskRaman Hosiery Factory, Delhi and ors. Vs. J.K. Synthetics Ltd. and ors ...
Delhi
Jan-09-1974
Contract
Code of Civil Procedure (CPC), 1908 - Sections 38 - Order 39, Rule 2; Specific Relief Act, 1963 - Sections 38; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 37; Restrictive Trade Practices Act, 1956 - Sections 20
AIR1974Delhi207; [1975]45CompCas374(Delhi)
their manufacturing unit.6. The grant of perpetual injunctions is governed by the provisions in Chapter Viii of the Specific Relief Act, 1963. The grant of temporary injunctions is regulated by the Code of Civil Procedure. Section 38 of the Specific … to be a restrictive trade practice as defined in the Monopolies Act and to which the provisions of Sections 33, 35, 37, 38 and 48 of the Monopolies Act are attracted. Reading the definitions given in the
Tag this Judgment! AI Brief & AskCrompton Greaves Limited Vs. Hyundai Electronics Industries Co. Limite ...
Delhi
Oct-29-1998
Contract
Specific Relief Act, 1963 - Sections 38, 41 and 42
1(1999)CLT25; 76(1998)DLT733; 1999(48)DRJ754
provisions of Section 38 and the rules and provisions contained in Chapter II and Section 41 of the Specific Relief Act, 1963. Mr. Oberoi also submitted that since the plaintiff is not entitled to the main reliefs by way of … and void, the plaintiffs have also filed an application under Order 39 Rules 1 & 2 read with Section 151. CPC praying for an interim temporary injunction. In the aforesaid suit as also on the application summons
Tag this Judgment! AI Brief & AskPutlabai Vs. Vaijnath and ors.
Karnataka
Aug-19-2005
Civil
Specific Relief Act, 1963 - Sections 38
AIR2005Kant419; ILR2005KAR5155; 2005(6)KarLJ369
this Court in B.P. Sadashivaiah v. Parvathamma that in view of the provisions of Section 38 of the Specific Relief Act, 1963, the question as to whether the suit for bare injunction can be filed without seeking for declaration of … the decision rendered by this Court in B.P. Sadashivaiah v. Parvathamma that in view of the provisions of Section 38 of the Specific Relief Act, 1963, the question as to whether the suit for bare injunction can
Tag this Judgment! AI Brief & AskState Bank of Bikaner and Jaipur Vs. Firm Ballabh Das and Sons
Rajasthan
Mar-12-1984
Contract
Specific Relief Act, 1963 - Sections 38; Contract Act, 1872 - Sections 176; Rajasthan Court Fees and Suits Valuation Act, 1961 - Sections 23(1) and 26
AIR1984Raj107; 1984()WLN141
the relief of perpetual injunction against the Bank or for the specific performance of any contract. Section 38. Specific Relief Act. 1963, lays down, inter alia, that perpetual injunction may be granted to prevent the breach of an obligation existing … reasons for the acceptance will be given later Reasons are given as follows:Reasons.1. This petition of revision under Section 115 of the Civil P. C. by the defendant in a suit. pending before the Additional Munsif. Jaipur
Tag this Judgment! AI Brief & AskAI Brief (18 sections) + Semantic Search - 7 days free
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »