Court : Delhi
Reported in : 1991(1)DRJ(Suppl)67; ILR1992Delhi677; 1992RLR48
..... , thus, of the opinion that art. 300-a of the constitution has no effect on the provisions of the specific relief act relating to agreement to sell an immovable property. reference ..... numerous appeals coming before it and arising out of suits for specific performance dealt with law of specific relief as contained in chapter ii of the specific relief act but it never held that decree for specific performance would be futile and ought not to be passed because of art. 300-a of the constitution. (9) suit for specific performance of contract of sale of immovable property, thereforee, lies ..... to enforce rights under contract which the law of specific relief recognises. we are .....Tag this Judgment!
Court : Gujarat
Reported in : (1998)2GLR1009
..... of this court governed under article 226 could not be exercised to circumvent specific provisions of specific relief act in view of the fact that there is no involvement of any public element in ..... ultimately withdrawn by the appellant corporation and said transaction is covered by the provisions of sections 14(1)(a) and (c) of the specific relief act. therefore, merely because the petitioner makes an averment that said action of the appellant is violative of articles 14 and 16 of the constitution of india by alleging that said action is arbitrary and unreasonable, powers ..... in view of the provisions of sections 14(1)(c) of specific relief act, but there is no question of granting any relief of restoration of distributorship. it is true that as has been urged by the learned advocate for the respondent that in that case there was no raising of the question under article 14 of the constitution by the dealer and ..... parmar. such a transaction is a contract falling within the provisions of section 14(1) of the specific relief act. the transaction in question in our opinion falls within the provisions of sections 14(1)(a) and (c) of the specific relief act, 1963 are as under:contracts not specifically enforceable: (1) the following contracts cannot be specifically enforced, namely,(a) a contract for the non-performance .....Tag this Judgment!
Court : Mumbai
Reported in : 1995(2)BomCR551
..... into force and the bombay city civil court act is a pre-constitution law, the earlier law will have to yield to the later general law ..... maintainable or not?5. though the learned counsel appearing for both the parties referred to constitutional provisions and the rights of parties under the bombay city civil court act, my view is that we have to confine ourselves to section 6 of the specific relief act, 1963 (hereinafter referred to as 'the act') to find out as to whether an appeal lies or not. section 6 of ..... 6 of the specific relief act. in other words, section 15 of the bombay city civil court act should be read that appeals are allowed from every decree of the city civil court unless prohibited by any other law. the two provisions are inconsistent with each other and cannot stand together since the specific relief act is a central act passed by the parliament after the constitution of india came .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1961Cal31,64CWN842
..... that can be claimed under section 9 of the c. p. c. read with section 42 of the specific relief act and other provisions relating to injunctions. these eases also can be distinguished by the fact ..... . the present decree under appeal attempts to do so not under the high constitutional writs provided by article 226 of the constitution but by the more general and unambitious process of section 9 of the c. p. c. read with the declaratory and injunctionary reliefs under the specific relief act. the situation was not quite so exciting at the beginning because the first ..... in this plaint two declarations and two injunctions are sought for. thefirst declaration that the plaintiff is entitled to a certificate cannot be granted under section 42 of the specific relief act because the statutory authority which can grant such a certificate is the governing body which this court is not. it can only set aside the decision of the ..... act according to law but cannot go to the length of usurping their statutory authority and obligation to confer degrees. but these case relate either to writs under article 226 of the constitution or the prerogative writs in england. the miscellaneous kinds of orders permissible under the constitutional provisions of article 226 may not in their plenitude and variety apply to the reliefs .....Tag this Judgment!
Court : Chennai
..... violation of principles of common law or constitutional provisions or on other grounds, the civil court's jurisdiction is not barred; (v) where the relationship between the parties is contractual, the right to enforce the contract of service depending on personal volition of an employer, is prohibited in terms of section 14(1)(b) of the specific relief act, 1963, subject, however, to the four ..... the suit is not maintainable - (i) in view of the implied bar of jurisdiction of civil court contained in the industrial disputes act, 1947; (ii) in view of the provisions of section 14(1)(b) of the specific relief act, 1963, as the reliefs sought in the suit cannot be granted by this court; (iii) in view, at least of, the doctrine of election, since the ..... employer, is prohibited in terms of section 14(1)(b) of the specific relief act, 1963. it has, however, four exceptions, namely (1) when an employee enjoys a status, i.e., his conditions of service are governed by the rules framed under the proviso appended to article 309 of the constitution of india or a statute and would otherwise be governed by article 311 ..... workers have already invoked the machinery provided under the industrial disputes act, 1947; and (iv) in view of improper valuation and non payment of .....Tag this Judgment!
Court : Mumbai
Reported in : 45ITR6(Bom)
..... there was no difference in the remedy provided under sections 66(2) or 66(3), or under section 45 of the specific relief act, or under article 226 of the constitution, nothing would prevent him from making his applications under the latter provisions and thus save the burden of court-fees imposed upon him under article 16 of the first schedule. in our opinion, ..... the application under section 66(2) are in no way different from the application under section 45 of the specific relief act or under article 226 of the constitution. for all those applications under section 45 or under article 226, the new court-fees act has made provision under article i(f) of the second schedule, and the fees prescribed there are far lower than those ..... , may in substance be the same as on the success of an application under section 45 of the specific relief act or article 226 of the constitution the remedy provided under the former provision is different in character from that provided under the latter. it is a remedy available as of right and is also dealt with on that footing. application under section 45 ..... on petitions or applications under section 45 of the specific relief act, under articles 226 and 227 of the constitution and for other petitions and applications not otherwise provided for in the act. in all these applications, contentions are raised as to the constitutional validity of the provisions of article 16 of the first schedule in the new act, and also as to the applicability of the new .....Tag this Judgment!
Court : Allahabad
Reported in : 2000(1)AWC594
..... college (supra). air 1076 sc 888 that 'this rule as enshrined in section 14 of the specific relief act is subject to three well recognised exceptions--(i) where a public servant is sought to be removed from service in contravention of provisions of article 311 of the constitution of india : (ii) where a worker is sought to be reinstated on being dismissed under the ..... industrial law and (iii) where a statutory body acts in breach or violation of the mandatory provisions of the statute. it was held by the court that the relief of declaration and injunction under the provisions of the specific relief act is purely ..... head office, new delhi. therefore, no cause of action arose at all within the territorial jurisdiction of the court at ghaziabad. that the suit is barred by the provisions of the specific relief act. 1963, as the plaintiff is trying to enforce contract of personal service which is not permissible under the law. the suit is not maintainable on the ground of acquiescence ..... shall continue to be governed by the general principle of the contract of service and the termination of service cannot be declared to be void in view of the provisions contained in the specific relief act.38. the decision in punjab national bank v. p.k. mittal, ajr 1989 sc 1083 (supra) instead of helping the appellants helps the plaintiff-respondent. in .....Tag this Judgment!
Court : Chennai
Reported in : (1977)2MLJ68
..... regard to the decisions, which we have referred to already, holding that the decree in a suit for specific performance is in the nature of a preliminary decree, and also having regard to the express provisions contained in section 28 of the specific relief act, 1963, which constitute the statutory crystallization of the legal position in this behalf, we are clearly of the opinion that the ..... any suit a decree for specific performance of a contract for the sale or lease of immovable property has been made and ..... held that:in suits under specific relief act where the decree has named as here a time within which payment should be made the court can extend that periodand relied for this conclusion on the decision of this court in abdul shaker sahib v. abdul rahiman sahib and anr. : air1923mad284 already referred to. the other learned judge, who constituted the bench namely, thiruvenkata achariar ..... to comply with the terms of the decree. in view of this new provision, clause (c) of section 35 and the two succeeding paragraphs become unnecessary and; should be omitted.in view of the above only, the statutory provisions were recast in the specific relief act of 1963. section 28 of the 1963 act, is relevant and the same is as follows:28. (1) where in .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2002Bom420; 2002(3)ALLMR404; 2002(4)BomCR706; (2002)4BOMLR1; 2002(3)MhLj530
..... in such cases the question of public law based on article 14 of the constitution do not arise and the matter must be decided strictly in the realm of private law rights governed by the general law relating to contracts with reference to the provisions of specific relief act providing for non-enforceability of certain types of contracts.6. the decisions relied ..... determinable. admittedly under section 14(1)(c) of the specific relief act, a contract which is in its nature determinable cannot be specifically enforced. since in the present case the contract was determinable under clause 19.3 it is covered by the said provision of the specific relief act. under section 14(e) of the specific relief act no injunction can be granted to prevent breach of contract, ..... performance of which cannot be specifically enforced. thus once it is found that the contract cannot be specifically enforced because it is covered by section 14(1)(c) of the specific relief act, no injunction can be granted ..... of the said contract. in the instant case the respondent under the guise of interim injunction wanted specific performance of the contract which is not permissible in view of the provisions of section 14(1)(c) read with section 41 of the specific relief act.11. in the result appeal is allowed. the order of the learned single judge is set .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2006Bom327; 2006(6)MhLj110
..... to the decisions, which we have referred to already, holding that the decree in a suit for specific performance is in the nature of a preliminary decree, and also having regard to the express provisions contained in section 28 of the specific relief act, 1963, which constitute the statutory crystallization of the legal position in this behalf, we are clearly of the opinion that the ..... the application, filed by the plaintiff. mr. deshpande also relies on various judgments. lastly, he urged that section 28 of the specific relief act is independent and has nothing to do with the provision laid down under section 12 of the specific relief act. he urged for dismissal of the second appeal.8. the first appellate court has referred to the judgment of this court in ..... the entire proceedings so as to adjudicate upon the rights of the parties arising out of the preliminary decree passed by it. their lordships also considered the provisions of section 28 of the specific relief act and on page 85 of the report observed thus:the only other question is, whether the learned judge had jurisdiction to provide that the suit shall stand ..... a specified period under the decree, it would not partake of the nature of final decree or conditional decree. this court has also referred to the provision laid down under section 28 of the specific relief act. this court has noted the observations of learned single judge of this court in the matter of bhujangrao (supra) regarding the court become functus officio after .....Tag this Judgment!