Specific - Year 2016 - Judgments

Jan 12 2016 (HC)

M/s. Ponmari Enterprises Private Ltd., Vs. C. Siva Subramanian and Oth ...

Court: Chennai

Decided on: Jan-12-2016

..... are situated outside the territorial jurisdiction of this court suits are merely suit simpliciter for specific performance to enforce the contract and they cannot be termed as suits for land since ..... possession of the properties from the defendants but in the prayer column the plaintiff has specifically wanted to enforce the obligation stipulated in the agreements for sale which includes the handing .....

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Jul 14 2016 (HC)

Rohit A. Kapadia and Another Vs. Perviz J. Modi

Court: Mumbai

Decided on: Jul-14-2016

..... an unsigned document cannot be said to constitute a concluded contract and as such a specifically enforceable contract he submitted that admittedly no consideration was paid by the plaintiffs to the ..... of the parties according to the plaintiff the above special principles applicable to cases of specific performance can be also gathered from standard works under the england english law where the .....

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Jul 13 2016 (SC)

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court: Supreme Court of India

Decided on: Jul-13-2016

..... due to gross and unprecedented level of corruption fraudulent misappropriation and embezzlement of the project specific funds and revenues of the government his excellency it is very unfortunate that there ..... in certain other situations depending upon the circumstances therein even though they may not specifically be mentioned in the constitution as discretionary functions e g the exercise of power .....

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Dec 23 2016 (HC)

Myspace Inc. Vs.super Cassettes Industries Ltd.

Court: Delhi

Decided on: Dec-23-2016

..... s website this amendment to the act emphasizes myspace supports its argument that without specific knowledge on its part there cannot be secondary liability based on deemed or attributed ..... the system the operator knows of and contributes to direct infringement conversely absent any specific information which identifies infringing activity a computer system operator cannot be liable for contributory .....

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Mar 31 2016 (HC)

Sri Punny Akat Philip Raju Vs. Sri Dinesh Reddy

Court: Karnataka

Decided on: Mar-31-2016

..... the defendant entered appearance and filed a written statement contesting the claim the defendant specifically denied all the allegations in the plaint he also denied the allegation in the plaint ..... of the contract by the plaintiff irrespective of the fact whether the defendant has specifically denied the allegations in the plaint regarding readiness and willingness to perform or not therefore .....

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Jan 27 2016 (HC)

Pawadi Rewappa Pidai by His Lrs and Others Vs. Ningappa Rewappa Mali

Court: Karnataka Dharwad

Decided on: Jan-27-2016

..... the suit property by accepting the balance sale consideration and thereby decreeing the suit for specific performance of the agreement 5 initially the suit was filed against respondent no 1 ..... decree of the trial court and thereby dismissing the suit by declining the relief of specific performance to the appellant plaintiff the appeal is admitted to consider the aforesaid substantial questions .....

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Apr 25 2016 (HC)

Sri N Vijendra Rao S/O Late N Srinivas Rao Vs. Vasudeva Pal S/O Late B ...

Court: Karnataka

Decided on: Apr-25-2016

..... absolutely meant for better enjoyment of a schedule property in paragraph 3 h plaintiff has specifically averred that he has been enjoying the said road 50 as an easement openly peaceably ..... nilima mandal another cdj2009sc194 2009 1 scj368 in paragraph 14 the hon bleapex court has specifically held that pleadings necessary to establish easement by prescription are different from the pleadings and .....

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Mar 04 2016 (HC)

N. Renuka Devi Vs. E. Lalitha and Another

Court: Chennai

Decided on: Mar-04-2016

..... the contention that the letters patent and rules made there under which are recognised and specifically protected by section 129 are relegated to a subordinate status as contended by the ..... civil procedure code then the provisions of the letters patent would always prevail unless there was a specific exclusion this is also clear from section 4 of the civil procedure code which provides that nothing .....

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Apr 07 2016 (HC)

The Selvavinayagar Co-Operative Handloom Weavers Production Vs. P.A. V ...

Court: Chennai

Decided on: Apr-07-2016

..... first respondent herein plaintiff contending that in a suit for specific performance a stranger to the agreement cannot be impleaded at ..... an application for his her impleadment in a suit for specific performance the learned counsel for the petitioner submits that since ..... from the contracted property in execution of the decree for specific performance of the contract for sale obtained by the appellant .....

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May 11 2016 (HC)

Kader Pathu and Others Vs. Ayisha Gani and Others

Court: Chennai Madurai

Decided on: May-11-2016

..... the learned lower appellate judge committed an error in law holding that the suit for specific performance was premature and hence not maintainable the learned lower appellate judge adverting to the ..... contentions of the parties regarding limitation held that the agreement contained no specific time for the completion of the transaction and that in such an eventuality limitation would .....

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