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Aug 24 2006

Jai NaraIn Parasrampuria (Dead) and ors. Vs. Pushpa Devi Saraf and ors ...

Court : Supreme Court of India

Decided on : Aug-24-2006

Subject : PropertyCompany

Acts : Code of Civil Procedure (CPC) - Order 21, Rule 99 - Order 23, Rule 1; Uttar Pradesh Rent Control Act; Specific Relief Act, 1963 - Sections 15, 19, 20 and 20(2); Evidence Act - Sections 44 and 116; Companies Act, 1956 - Sections 132 and 138; Transfer of Property Act - Sections 5 and 54; Indian Trusts Act, 1882 - Sections 3, 92 and 94; Specific Relief Act, 1877 - Sections 27; Urban Land Ceiling Act; Urban Land Ceiling (Regulation) Act, 1976 - Sections 26; Income Tax Act; Cantonment (House Accommodation) Act, 1923 - Sections 2; Orissa House Rent Control Act, 1967 - Sections 2(3); Housing Act, 1996 - Sections 6B(1)

Reported in : (2007)1CompLJ69(SC); 2006(2)CTLJ130(SC); (2006)4MLJ1224(SC); 2006(8)SCALE477; (2006)7SCC756

on the premise that the Trial Court had wrongly exercised its discretionary jurisdiction under Section 20 of the Specific Relief Act, 1963; as the appellants were guilty of demolition of the existing structures on the land. The learned Judges … that in respect of transactions on behalf of it, he stands in a fiduciary position. For the plaintiff-company Sections 92 and 94 of the Indian Trusts Act, 1882, were relied upon. It seems to us that neither … short). They filed an application therefore as promoters of the Company on 15.2.1979. They acquired the property in their capacity of promoters or Directors of

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Nov 19 1993

V.X. Joseph Vs. T. Pasupathi and Another

Court : Chennai

Decided on : Nov-19-1993

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 15

Reported in : AIR1994Mad193

coparceners and in the facts and circumstances of that case, it was held that section 15 of the Specific Relief Act applies to that case and if the purchaser elects to do so, specific performance can be decreed against … binding on the other coparceners and in the facts and circumstances of that case, it was held that section 15 of the Specific Relief Act applies to that case and if the purchaser elects to do so,

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Dec 16 2002

Haroon Rashid NizamuddIn Umatiya Vs. Jivatlal Purtapshi and Raj Develo ...

Court : Mumbai

Decided on : Dec-16-2002

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 15; Uttar Pradesh Zamindari Abolition and Land Reforms Act

Reported in : 2003(2)ALLMR945; 2003(4)BomCR346; 2003(2)MhLj465

necessary party. In this case the petitioner is merely seeking the specific performance of the agreement of sale. Section 15 of the Specific Relief Act, 1963, provides that except as otherwise provided by this Chapter, the specific … is whether the vendor had executed the document and whether the conditions prescribed in the provisions of the Specific Relief Act have been complied with for granting the relief of specific performance.10................................ The petitioner therein was not claiming this

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Jan 10 1979

Mool Chand Vs. Ram Phool and anr.

Court : Allahabad

Decided on : Jan-10-1979

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 15

Reported in : AIR1979All189

behalf of the appellant I find that there is considerable force in the same. Section 15 of the Specific Relief Act provides for persons who may obtain specific performance. Clauses (a) and (b) which are material for the purposes … the submissions made on behalf of the appellant I find that there is considerable force in the same. Section 15 of the Specific Relief Act provides for persons who may obtain specific performance. Clauses (a) and (b)

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Jan 22 2002

V. Udayakumar, Vs. I. Navaneethammal,

Court : Chennai

Decided on : Jan-22-2002

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 15 and 16

Reported in : (2002)1MLJ519

parties. Hence, thecontention of the learned Senior Counsel for the appellants cannot becountenanced. 18. Section 15 of the Specific Relief Act is specific that therights of the agreement holder will automatically pass on to thesuccessor in interest, in case … the decree for specific performance. 19. Hence, the letters patent appeal is dismissed. Contract - specific performance - Sections 15 and 16 of Specific Relief Act, 1963 - appellants challenged decree of specific performance - suit for specific

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Jan 11 1991

Radhakrishna Ananta Prabhu and ors. Vs. Siri Construction and ors.

Court : Mumbai

Decided on : Jan-11-1991

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 15 and 19

Reported in : 1991(3)BomCR351

1 and 2.15. Costs of the Motion shall be costs in the suit. Contract - specific performance - Sections 15 and 19 of Specific Relief Act, 1963 - whether plaintiff entitled to specific performance of agreement - plaintiff … is incorporated unless the Corporation adopts a contract or enters into a fresh contract. Section 15(h) of the Specific Relief Act, 1963 specifically provides that the specific performance of the contract may be obtained by the Company when the

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Feb 24 2004

Mohd. Abdul Hakeem (Died) Per Lrs. Vs. Naiyaz Ahmed and ors.

Court : Andhra Pradesh

Decided on : Feb-24-2004

Subject : Contract

Acts : Contract Act, 1872 - Sections 2; Specific Relief Act, 1963 - Sections 15

Reported in : AIR2004AP299; 2004(3)ALD501; 2004(3)ALT585; 2005(1)CTLJ97(AP)

Whether the suit as framed is maintainable in view of the Section 15 of the Specific Relief Act 1963 ?3. Whether examination of GPA as … only signed by the vendor is a concluded contract or not ?2. Whether under the provisions of the Specific Relief Act, a concluded contract which is not signed by the vendee can be a complete contract, and whether a … of remand is being made, parties are directed to bear their own costs. (i) Contract - agreement - Sections 2 and 10 of Contract Act, 1872 - whether an agreement which is not signed by vendee but

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Nov 13 2007

Jadav BIn P. Patel (Died) by Lrs. Vs. G. Srinivas Reddy (Died) by Lrs. ...

Court : Andhra Pradesh

Decided on : Nov-13-2007

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 15; Code of Civil Procedure (CPC) , 1908 - Sections 96

Reported in : 2008(2)ALD209; 2008(3)ALT388

alternative, sue for specific performance (see A.I.R. 1968 S.C. 1355).27. There is nothing in Section 15 of the Specific Relief Act which forbids one of the joint purchasers to institute a suit for enforcing a contract and on the … IC 1858 Overruled]. -- MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOLS (CONDITIONS OF SERVICE) REGULATIONS ACT, 1978 [Act No. 3/1978]. Sections 9 & 2(21): Jurisdiction of School Tribunal Whether a School run by Cantonment Board is not a recognised

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Dec 29 2004

Gomi Bai and ors. Vs. Uma Rastogi and anr.

Court : Andhra Pradesh

Decided on : Dec-29-2004

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 1 and 2 - Order 8, Rule 5(3); Specific Relief Act, 1963 - Sections 15, 19, 20 and 22(1); Transfer of Property Act - Sections 54; Evidence Act - Sections 102

Reported in : 2005(2)ALD631

of her husband and therefore suit by her as nominee is maintainable as per Section 15 of the Specific Relief Act, 1963. The respondents/ defendants did not deny the factum of nomination and the lower Court having found oral … traverse that part. It is well settled that only a party to the contract can enforce the contract. Sections 37 to 67 in Chapter-IV of the Indian Contract Act, 1872 deal with the performance of contracts. Section

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Dec 14 1953

Kalyanpur Lime Workers Ltd. Vs. State of Bihar and anr.

Court : Supreme Court of India

Decided on : Dec-14-1953

Subject : Media and CommunicationContract

Acts : Indian Contract Act, 1872 - Sections 20 and 21; Government of India Act - Sections 30; Code of Civil Procedure (CPC), 1908 - Order 6, Rule 8 - Order 7, Rule 2 - Order VIII; Specific Relief Act, 1877 - Sections 15 and 18

Reported in : AIR1954SC165; [1954]1SCR958

Order 6 Rule 8, Order 7 Rule 2 and Order 8 of Code of Civil Procedure, 1908 and Sections 15 and 18 Specific Relief Act, 1877 - lease of certain portion of land granted by defendant to plaintiff … laid down in that section had not been complied with, that no relief under section 18(a) of the Specific Relief Act could be granted to the Lime Co., as it would amount to a reconstruction of the agreement between

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