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i.B.P. Company Ltd. and ors. and Amarnath Singh Vs. Ramashish Prasad S ...

Court : Patna

Subject : Civil

Acts : Special Relief Act; Specific Relief Act, 1963 - Sections 10, 14, 14(1) and 41; Arbitration Act, 1940; Indian Contract Act, 1872 - Sections 2

Law No. 1.19. According to the submission of the learned Advocate of the appellants, Section 10 of the Specific Relief Act, 1963 lays down the principle where specific performance of contract can be enforced whereas Section 14 of the

Nirmala Anand Vs. Advent Corporation Pvt. Ltd. and ors.

Court : Supreme Court of India

Subject : PropertyContract

Acts : Maharashtra Ownership Flats Act, 1963; Bombay Municipal Corporation Act - Sections 91B and 527; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 20, 20(1), 20(2), 20(3), 20(4), 21 and 23; Specific Relief Act, 1877 - Sections 12, 20, 21 and 22; Maharashtra Apartments Act, 1963; Urban Ceiling Law; Urban Ceiling Act; Indian Contract Act - Sections 31, 32 and 56; Companies Act

Reported in : AIR2002SC2290; 2002(4)ALD3(SC); 2002(4)ALLMR(SC)862; 2002(6)BomCR134; JT2002(Suppl1)SC522; 2003MPLJ285(SC); 2002(4)SCALE601; (2002)5SCC481; 2002(2)LC906(SC)

for the appellant, contended that, having regard to the principles enshrined in Sections 10 and 20 of the Specific Relief Act, 1963 and the law declared by this Court, the relief of specific performance ought to have been granted … the Specific Relief Act, 1963, to justify the denial of the relief of specific performance and inapplicability of Section 10 and Explanation (i) to the said provision of the said Act. The very many possible impediments considered to

Sulochana Uppal Vs. Surinder Sheel Bhakri

Court : Delhi

Subject : ArbitrationContract

Acts : Specific Relief Act, 1963 - Sections 10

Reported in : 42(1990)DLT379; 1990(19)DRJ208; 1990RLR454

parties to arbitration, in view of, inter alia, the provisions of Section 10 and Section 20 of the Specific Relief Act. Section 10 of the Specific Relief Act, 1963 reads as under:- 'EXCEPT as otherwise provided in this Chapter, the, specific

Raghuvir Singh Bhatty Vs. Ram Chandra Waman Subhedar

Court : Allahabad

Subject : ContractLimitation

Acts : Specific Relief Act, 1963 - Sections 10, 20 and 21; Code of Civil Procedure (CPC), 1908 - Sections 100 - Order X, Rule 2; Indian Contract Act - Sections 73; Urban Land (Ceiling and Regulation) Act, 1976 - Sections 26, 27 and 27(4); Limitation Act, 1963 - Schedule - Article 54

Reported in : 2001(4)AWC3140

of limitation would mean denying the discretion vested in the Court by Sections 10 and 20 of the Specific Relief Act. Having laid down the law thus, the Apex Court allowed the appeal and dismissed the suit for specific … trial court while deciding issue Nos. 1 and 2, held that defendant had indeed applied for permission under Section 27 of the Celling Act though not under Section 26 as he ought to have done and there

Rajeshwari Vs. Puran Indoria

Court : Supreme Court of India

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 96, 100, 110 and 115 - Order 41, Rule 31; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Constitution of India - Articles 136, 133(1) and 227; Specific Relief Act - Sections 10, 16 and 20; Limitation Act - Schedule - Article 54

Reported in : 2005(4)AWC3869C(SC); 100(2005)CLT625(SC); 2005(4)CTC567; JT2005(7)SC630; (2005)4MLJ157(SC); (2005)7SCC60; 2005(2)LC1438(SC)

was ready and willing to perform his part of the contract in terms of Section 16 of the Specific Relief Act, whether it was a case for exercise of discretion by the court to decree specific performance in terms … Act, whether it is a case in which specific performance of the contract is enforceable in terms of Section 10, whether in terms of Section 20 of the Act, the discretion to decree specific performance should be exercised

Rajasthan State Electricity Board, Jaipur Vs. Hindustan Brown Boveri L ...

Court : Rajasthan

Subject : ElectricityContract

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115; Specific Relief Act, 1877 - Sections 10, 41 and 42

Reported in : AIR1969Raj212; 1968()WLN83

competent for the court to grant an injunction. One has, therefore, to go to Section 10 of the Specific Relief Act. Section 10 which lays down as to in what cases specific performance of a contract is enforceable, it is in … performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement.;(c) Specific Relief Act - Section 10--Specific performance of contract--when be enforced.;Section 10 lays down as to in what cases specific performance of a contract

Lalit Kumar JaIn and anr. Vs. Jaipur Traders Corporation Pvt. Ltd.

Court : Supreme Court of India

Subject : PropertyCivil

Acts : Specific Relief Act - Sections 27 and 31; Income Tax Act - Sections 230A; Indian Registration Act - Sections 47; Property Act - Sections 10; Contract Act - Sections 39

Reported in : 2002(50)BLJR1418; RLW2002(4)SC514; 2002(4)SCALE180; (2002)5SCC383; [2002]3SCR445

received by the plaintiff towards the sale consideration. The suit was ostensibly filed under Section 31 of the Specific Relief Act for cancellation of indenture dated 22.2.1971 and also for physical possession of the property in dispute and for … condition precedent for passing the title is erroneous in law. The restriction against sale, transfer or assignment offends Section 10 of the Property Act; moreover, such a condition does not detract from the irrevocable nature of sale transaction.

Lt. Col K.C. Bheemaiah Vs. Kakamada A. Kuttappa and ors.

Court : Karnataka

Subject : Civil

Acts : Specific Relief Act, 1963 - Sections 10, 14, 22, 22(2) and 23

Reported in : AIR2004Kant224; ILR2003KAR4206; 2004(2)KarLJ349

does, whether the Court would be justified in declining specific performance of the agreement of such an agreement.10. Section 10 of the Specific Relief Act, 1963 enumerates cases in which specific performance of contracts is enforceable and inter … could be passed in favour of the plaintiff in the light of provisions of Section 22(2) of the Specific Relief Act. The suit filed by the plaintiff was accordingly dismissed, aggrieved whereof the plaintiff has appealed to this Court

Sri Chandrashekar and ors. Vs. the Tuheed Co-operative Housing Society ...

Court : Karnataka

Subject : CivilProperty

Acts : Karnataka Co-operative Societies Act, 1959; Urban Land (Ceiling and Regulation) Act, 1976; Specific Relief Act, 1963 - Sections 10, 20, 20(2) and 23; Indian Contract Act, 1872 - Sections 23; Karnataka Land Reforms Act, 1961 - Sections 79B and 109; Evidence Act, 1872 - Sections 114; Karnataka Land Reforms (Amendment) Act

Reported in : ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264

Court has not examined the provisions of the statute before granting the relief to the respondent No. 1. Section 10 of the Specific Relief Act, 1963 reads as follows:10. Cases in which specific performance of contract enforceable - … and not for 22 acres only. Property must be identifiable in order to avail the relief under the Specific Relief Act, 1963. To buttress his submissions, Sri Shekar Shetty has relied on the following reported judgments:i) Nahar Singh v.

Gurdial Singh and ors. Vs. Darshan Singh and anr.

Court : Punjab and Haryana

Subject : ContractCivil

Acts : Specific Relief Act, 1965 - Sections 10

Reported in : (1996)112PLR102

of the agreement dated April 5, 1971. The learned Single Judge while referring to Section 10 of the Specific Relief Act, rightly held that the plaintiffs are entitled to the specific performance of the agreement and the case of