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State 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 … suit in question for declaration that his correct date of birth is 9-11-1956 and not 10-12-1954 as noted in the School records of the defendants
Tag this Judgment! AI Brief & AskM.S. Madhusoodhanan and anr. Vs. Kerala Kaumudi Pvt. Ltd. and ors.
Supreme Court of India
Aug-01-2003
Company
Companies Act, 1913 - Sections 2(13), 81, 81(1), 81(2) and 284; Companies Act, 1956 - Sections 31(1), 108, 155, 159, 161(2), 164, 189(2), 193, 193(1), 194, 195, 397, 398, 402, 403 and 446; Sale of Goods Act, 1930 - Sections 2(10), 4, 9, 8(2), 9(1) and 9(2); Contract Act, 1872 - Sections 29; Specific Relief Act, 1963 - Sections 10, 16, 20 and 20(2); Specific Relief Act, 1877 - Sections 12; Arbitration Act, 1940; Evidence Act - Sections 16 and 114; Uttar Pradesh Sales Tax Act - Sections 28B and 265; Citizenship Rules - Rules 3, 59 and 60; Citizenship Act, 1955 - Sections 18; Stamps Act
2003(6)ALD1(SC); [2003]117CompCas19(SC); (2003)4CompLJ185(SC); 2003(6)SCALE191; (2004)9SCC204; [2003]46SCL695(SC)
paid, that the suit was barred by limitation that the Karar was barred by the provisions of the Specific Relief Act, 1963 and that the court did not have the jurisdiction to entertain the suit.137. The learned Single Judge decided … 390 shares5. Srinivasan 390 shares6. Ravi 390 shares7. Madhavi 3 shares8. Sukumaran 9 shares9. Kaumudi Investments 3 sharesPrivate Ltd. -----Total 1575 shares-----5. Sukumaran died on … a private limited company could be granted.143. In 1965, this Court while dealing with proceedings rising out of Sections 397, 398, 402 and 403 of the Companies Act, 1956 in the case of S.P. Jain v. Kalinga
Tag this Judgment! AI Brief & AskSh. Deep Chand Vs. Sh. Kulanand Lakhera and ors.
Delhi
Apr-17-2007
Tenancy
Specific Relief Act, 1963 - Sections 6; Specific Relief Act, 1877 - Sections 9; Land Tenancy Act; Madras Cinemas (Regulation) Act, 1955; Andhra Pradesh Cinemas (Regulation) Act, 1955; Delhi Land Reforms Act, 1954 - Sections 86A; Code of Criminal Procedure (CrPC) - Sections 145, 145(1) and 146(1)
140(2007)DLT765; 2007(95)DRJ683
to the thief and recover the same as per a recognized legal procedure. 18. Section 6 of the Specific Relief Act 1963 is a statutory recognition of possessory suits as distinct from proprietary suits. It reads as under:6. Suit by … must restore it even to the thief and recover the same as per a recognized legal procedure. 18. Section 6 of the Specific Relief Act 1963 is a statutory recognition of possessory suits as distinct from proprietary … Pradeep Nandrajog, J.1. Dealing with possession, in Chapter 9, Salmond On Jurisprudence (12th Edition), states that few relationships are as vital
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
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 … in height than the existing garages which were estimated to be about 9 ft. high. This request was turned down by the BMC by its … 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
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
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 … - Termination of Contract - Injunction against thereof - Section 9 of Arbitration and Conciliation Act, 1996 - Sections 14 and 41 of the Specific Relief Act - Respondent O.M.M. Private Limited entered into an agreement with
Tag this Judgment! AI Brief & AskVaradarasu Alias Devarasu Vs. Malone Veerasamy Alias Thanapal,
Chennai
Oct-09-2002
FamilyProperty
Specific Relief Act, 1963 - Sections 9
(2003)1MLJ294
case.17. In SOMNATHBERMAN VS . DR.S.P. RAJU AND ANOTHER , it has been held that,'Section 9 of the Specific Relief Act, 1963 is in no way inconsistent with the position that as against a wrong doer, prior possession of the … the suit and an injunction restraining the defendant from inte5rfering with his possession can be granted.'18. For applying Section 9, prior possession must be established. In my view, the prior possession of the plaintiffs has not been
Tag this Judgment! AI Brief & AskPercept Talent Management Pvt. Ltd. a company registered under the Com ...
Mumbai
Dec-07-2007
Arbitration
Arbitration and Conciliation Act, 1996 - Sections 9; Specific Relief Act, 1963 - Sections 14(1), 41 and 42; Contract Act - Sections 27
2008(2)ALLMR72; 2008(2)ARBLR49(Bom); 2008(2)BomCR654; 2008(3)MhLj94
prima facie be barred by Clauses (a), (b) and (d) of Sub-section (1) of Section 14 of the Specific Relief Act, 1963. The Contract between the parties is essentially a contract for personal services of which specific performance cannot prima … difference between the parties will ultimately have no bearing little the conclusion of these proceedings which arise under Section 9 of the Arbitration and Conciliation Act, 1996.The Petition:4. The Promotion Agreement contains an arbitration clause and in
Tag this Judgment! AI Brief & AskChandra and Co. Vs. State of Rajasthan and ors.
Rajasthan
Nov-12-1980
Property
Specific Relief Act, 1963 - Sections 6 and 6(2); Specific Relief Act, 1877 - Sections 9; Limitation Act, 1859 - Sections 15 and 17; Constitution of India - Article 226;Rajasthan Land Revenue Act, 1956 - Sections 91; Public Premises (Eviction of Unauthorised Occupants) Act, 1956
AIR1981Raj217
and to dispossess a person in actual possession without having recourse to a Court. Section 6 of the Specific Relief Act 1963 (Section 9 of the Specific Relief Act, 1877) empowers a person who has been dispossessed without his consent … & Co., was that of a tenant by virtue of the principle of holding over as envisaged under Section 116 of the Transfer of Property Act and that M/s. Anandraj and Co., could not be regarded as
Tag this Judgment! AI Brief & AskShri Sadashiv Shyama Sawant (Smt. Satyabhama Sadashiv Sawant and ors.) ...
Mumbai
Mar-28-2008
Property
Specific Relief Act, 1963 - Sections 6, 9 and 6(1); General Clauses Act - Sections 3
(2008)110BOMLR1114; 2008(5)MhLj279
state in brief, the plaintiff-respondent filed Regular Civil Suit No. 11 of 1989 under Section 6 of the Specific Relief Act, 1963 for possession of the suit property on the ground that the contesting defendants had forcibly taken possession of … some of them.2. To state in brief, the plaintiff-respondent filed Regular Civil Suit No. 11 of 1989 under Section 6 of the Specific Relief Act, 1963 for possession of the suit property on the ground that the … on 1.10.1981. According to the plaintiff, she had purchased the house No. 97 from defendant No. 4 Nanibai Sawant on 1.10.1981 for consideration of Rs.
Tag this Judgment! AI Brief & AskMittal Services Vs. Escotel Mobile Communication Ltd.
Delhi
Jul-08-2003
Contract
Specific Relief Act, 1963 - Sections 14, 14(1), 16, 38, 41 and 42; Arbitration and Conciliation Act, 1996 - Sections 9
2003VAD(Delhi)517; AIR2003Delhi410; 2003(69)DRJ677
the termination is bad. It is pleaded that the suit itself is barred by section 14(1) of the Specific Relief Act, 1963 as the contract between the parties is not specifically enforceable. From its very nature, it is added, the … seeking a declaration that the termination is bad. It is pleaded that the suit itself is barred by section 14(1) of the Specific Relief Act, 1963 as the contract between the parties is not specifically enforceable. From … years. However, in case of either party intending to terminate the same, 90 days' notice, in writing, was required to be served on the other
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