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S. Jahanara W/O. S. Abid Rep. by Her P.A. Holder and Husband Sri. S. A ...

Court : Karnataka

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 27(1), 28, 28(1) and 28(2); Specific Relief Act, 1877 - Sections 35; Court Fees and Suit Valuation Act

Reported in : 2008(1)KarLJ42; 2007(5)AIRKarR83:AIR2007NOC2229.

to for convenience as the Trial Court), on I.A.No. 28 in O.S.No. 76/1985 filed under Section 28(1) of Specific Relief Act, 1963.2. Before proceeding further, I set here below the relevant facts of the case:The petitioner - plaintiff had … Chickmagalur (henceforth referred to for convenience as the Trial Court), on I.A.No. 28 in O.S.No. 76/1985 filed under Section 28(1) of Specific Relief Act, 1963.2. Before proceeding further, I set here below the relevant facts of the

Jegannatham Pillai Vs. Kunjithapatham Pillai and ors.

Court : Chennai

Subject : Property

Acts : Hindu Succession Act - Sections 4 and 14(1); Real Property Act, 1845; Settled Land Act, 1925; Settled Land Act, 1882; Specific Relief Act, 1963 - Sections 28 and 35

Reported in : AIR1972Mad390

(1) of Hindu Succession Act, Real Property Act, 1845, Settled Land Act, 1925, Settled Land Act, 1882 and Sections 28 and 35 of Specific Relief Act, 1963 - nature of interest acquired by widow by virtue of re-conveyance … to the rule that a man cannot sell more than he has got.9. There are provisions in the Specific Relief Act for rescission and cancellation of contracts. Section 28 of the Specific Relief Act, 1963 corresponds to Section 35

Ali Jaffar So. R.A. Mahmood Vs. V. Venkat Reddy So. Narsimha Reddy

Court : Andhra Pradesh

Subject : ArbitrationContract

Acts : Specific Relief Act, 1963 - Section 28(1), 28; Code of Civil Procedure (CPC), 1908 - Section 148

with the power to extend time for payment of the balance sale consideration under Section 28(1) of the Specific Relief Act, 1963 (for short "the Act") and that therefore the lower Court has misdirected itself in holding that it … second ground on which the lower Court declined the relief is that as per the amended provisions of Section 148 of the Code of Civil Procedure, 1908 (for short "the Code"), the Court cannot enlarge the time

Kantamaneni Venkateswara Rao and anr. Vs. Meka Venkateswara Rao and an ...

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Limitation Act, 1963 - Schedule - Article 137; Specific Relief Act - Sections 28(1)

Reported in : 1993(2)ALT480

to the defendants. On those facts, the defendants filed I.A.No. 926 of 1985 under Section 28 of the Specific Relief Act in the said suit to rescind the contract for sale of the suit property and for restoration of … application under any Act. But it has to be an application to a court for the reason that Sections 4 and 5 of the 1963 Limitation Act speak of expiry of prescribed period where Court is closed … directed against the order dated April 26,1991 passed in I.A.No. 926 of 1985 in O.S.No. 67 of 1974 on the file of the Subordinate Judge,

Padmaja Vs. Sajeev

Court : Kerala

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 19, 21, 22, 28, 28(1), 28(2), 28(3) and 28(4); Transfer of Property Act, 1882 - Sections 52 and 100; Code of Civil Procedure (CPC) , 1908 - Order 9, Rule 13 - Order 21, Rules 35, 58, 63, 93, 97 to 101, 102 and 103 - Order 22, Rule 10; Code of Civil Procedure (CPC) (Amendment) Act, 1976

Reported in : 2006(1)KLT265

matter of a suit for specific performance is entitled to invoke Sections 19(b), 22 or 28 of the Specific Relief Act; and (2) Whether a transferee against whom Section 52 of the Transfer of Property Act applies is entitled … the property which was the subject matter of a suit for specific performance is entitled to invoke Sections 19(b), 22 or 28 of the Specific Relief Act; and (2) Whether a transferee against whom Section 52 of

P.Baskaran. Vs. P.Soundararjan

Court : Chennai

Subject : Civil

Acts : Specific Relief Act 1963 - Section 28 (1); Limitation Act - Section 5

the Court has become functus officio after passing of the decree and as per Section 28 of the Specific Relief Act, the Court has got power to grant extension of time for complying with the directions given in the … (9) SCC, 217 (Sardar Mohar Singh Vs. Mangilal), it has been held as follows: It is clear from Section 28(1) that the Court does not lose its jurisdiction after the grant of the decree for specific performance nor … C.R.P. Prayer in C.R.P.No.705 of 2012:Civil Revision Petition has been filed under Section 115 of the Civil Procedure Code to set aside the order dated

Hari S/O Ramji Vs. Mahadu S/O Kerba Tekale Died Through Lrs. Shivaji M ...

Court : Mumbai

Subject : Contract

Acts : Specific Relief Act, 1963 - Sections 12, 28, 28(1) and 28(3); ;Code of Civil Procedure (CPC) - Sections 37, 107, 148, 149 and 151 - Order 37, Rule 4

Reported in : AIR2006Bom327; 2006(6)MhLj110

trial Court. Specific performance of the contract can be granted by the Court under Section 12 of the Specific Relief Act. The provision laid down under Section 28 of the Specific Relief Act comes under Chapter-IV. According to him, … contention. The Supreme Court has clearly laid down that the High Court is clothed with ample power under Sections 148, 149 and 151 of the Civil Procedure Code to do justice to the litigant if sufficient cause … S.B. Deshmukh, J.1. This Second Appeal No. 244 of 1985 is directed against the judgment and decree passed in Regular Civil Appeal

Bhupinder Kumar Vs. Angrej Singh

Court : Supreme Court of India

Subject : Property

Acts : Specific Relief Act, 1963 - Sections 28 and 28(1); Limitation Act; Code of Civil Procedure (CPC) - Order 21, Rule 12

Reported in : 2010(2)MhLJ1(SC); (2009)8MLJ417(SC); 2009(12)SCALE4; (2009)8SCC766; 2009(9)LC4113(SC); [2009] 13 SCR 978

balance sale price and held that the sale agreement stood rescinded as contemplated under Section 28 of the Specific Relief Act and consequently dismissed the execution petition. Aggrieved by the said order, the appellant filed a Civil Appeal No. … time, the Executing Court rightly declined to extend the time and rescinded the contract - Appeal dismissed - Sections 28 & 10:[P. Sathasivam & Deepak Verma, JJ] Rescission of contract for sale/lease of immovable property after decree of … The appellant entered into an agreement dated 20.11.1990 to purchase land measuring 1 kanal 14 marlas situated within the Revenue Estate of Pehowa. As per

Kumar Dhirendra Mullick and ors. Vs. Tivoli Park Apartments (P) Ltd.

Court : Supreme Court of India

Subject : Trusts and SocietiesProperty

Acts : Specific Relief Act, 1963 - Sections 28 and 28(1); Code of Civil Procedure (CPC) - Sections, 151 - Order 9 Rule 13; Specific Relief Act, 1877 - Sections 35; Constitution of India - Article 142

Reported in : 2005(1)ALD74(SC); 2005(5)ALLMR(SC)180; (SCSuppl)2005(1)CHN187; 2004(5)CTC468; 2005(1)CTLJ1(SC); [2005(2)JCR187(SC)]; (2005)2MLJ65(SC); RLW2005(1)SC141; 2004(9)SCALE184; (20

order of 2nd Assistant District Judge, Alipore, Calcutta, rescinding the agreement dated 16.8.1980 under section 28 of the Specific Relief Act, 1963 (hereinafter referred to as 'the 1963 Act'). 2. Briefly, the facts are as follows. Appellants herein are … and setting aside the order of 2nd Assistant District Judge, Alipore, Calcutta, rescinding the agreement dated 16.8.1980 under section 28 of the Specific Relief Act, 1963 (hereinafter referred to as 'the 1963 Act'). 2. Briefly, the facts … by grant of special leave, arises out of judgment and order dated 10.6.1999 of the High Court of Calcutta in FMA No. 37 of 1997

Laxman Bala Surve and Others Vs. M/S. Pesh Builders

Court : Mumbai

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 28, 41 and 56; Code of Civil Procedure (CPC), 1908 - Sections 11, 36 and 37 - Order 39, Rules 1 and 2; Indian Contract Act, 1872 - Sections 32, 38 and 39; Urban Land (Ceiling & Regulation) Act, 1976

Reported in : 1998(1)ALLMR724; 1998(3)BomCR755

by the plaintiffs is an abuse of the process of Court. It is submitted thatsection 28 of the Specific Relief Act specifically bars the filing of such a suit.According to Mr. Shah, a reading of section 28, sub-section (1) … it is held as follows:-'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