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Judgment Search Results Home > Cases Phrase: decrees specific relief act Page 1 of about 62,941 results (0.232 seconds)

Jul 02 1890 (PC)

Tilak Chandra Dass Vs. Fatik Chandra Dass and ors.

Court : Kolkata

Reported in : (1898)ILR25Cal803

..... pay over to him the cost of removing certain huts erected by them, and of filling up excavations made. these prayers are beyond the scope of section 9 of the specific relief act; and the decree passed by the munsif, providing that the costs of removing the huts and filling up excavations should be ascertained in execution of the ..... which relief was sought, the prayers contained in the plaint clearly do not all come under that section; and that the decree passed by the munsif went beyond a mere possessory decree sanctioned by that section.2. we think that this is so ..... . this is a rule to show cause why the decree passed by the munsif of madaripur, ostensibly under section 9 of the specific relief act, should not be set aside. the grounds upon which the rule was obtained were that upon the face of the plaint it was clear that, although section 9 of the specific relief act was cited in the plaint as the law under ..... decree and be made payable by the defendants, is also in our opinion beyond the scope of a decree under section 9.3. it seems to us, therefore, that the decree of the munsif must be set aside, and the case be remitted to him to be .....

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Jul 14 2006 (HC)

Aliyas Vs. Aboobacker

Court : Kerala

Reported in : 2006(4)KLT282

..... ors. 1988 (1) klt 7 (sc) : 1987 (supp) scc 340, the supreme court considered the scope of enquiry under section 20 of the specific relief act and held thus:section 20 of the specific relief act, 1963 preserves judicial discretion of courts as to decreeing specific performance. the court should meticulously consider all facts and circumstances of the case. the court is not bound to grant ..... to grant such relief merely because it is lawful to do so. section 20 also provides that the discretion of the court is not ..... is whether the view taken by the court below is correct.10. section 20 of the specific relief act states that the jurisdiction to decree specific performance is discretionary and the court is not bound ..... 9. point no. 2: the trial court held that the plaintiff is entitled to get specific performance of ext.a1. it was held that the defendants are not entitled to invoke the discretion of the court under section 20 of the specific relief act not to decree specific performance, since they denied the execution of ext.al agreement. the question to be considered .....

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Apr 02 2003 (HC)

Adimakutty Hydu Ali Vs. Ambujam

Court : Kerala

Reported in : 2003(2)KLT328

..... relief merely because it is lawful to do so: the discretion of the court is not arbitrary but sound and reasonable, guided by judicial ..... this is an eminently fit case for any court to exercise discretion declining relief to the plaintiff under section 20 of the specific relief act. the apex court in k. narendra v. riviera apartments (p) ltd (air 1999 sc 2309) held that the jurisdiction under section 20 of the specific relief act, 1963 to decree specific performance is discretionary and the court is not bound to grant such ..... court proceeded as if there was a valid agreement between the parties. learned single judge however declined jurisdiction under section 20 of the specific relief act basically on the ground that it should not be allowed to be specifically performed in a suit instituted on 2.9.1981 for the reason that it can reasonably be inferred that the contract is not alive ..... hardship on the plaintiff, is one of the circumstances in which the court may properly exercise discretion not to decree specific performance. apex court in nirmala anand v. advent corp. (p) ltd. (2002) 5 scc 481, held that specific performance being an equitable relief balance of equities have also to be struck taking into account all these relevant aspects of the matter, .....

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Dec 27 2013 (HC)

M.Ali Baig, S/O.Mirjan Baig,r/O. Nannur Vs. Kottala Sanjeeva Reddy, S/ ...

Court : Andhra Pradesh

..... relief merely because it is lawful to do so. where the terms of the contract or the conduct of the parties at the ..... to the provisions of section 20 of the act which vests the court with a wide discretion either to decree the suit for specific performance or to decline the same. reference in this regard can also be ..... transferred, is one similar to that mentioned in the above illustrations to section 74 of the contract act, 1872. it is therefore clearly in the nature of a stipulation in the nature of a penalty and cannot be enforced.73. under section 20 of the specific relief act, 1963, jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such ..... the plaintiff an unfair advantage over the defendant, the court may not decree specific performance. [see clause (a) to sub-section (2) of section 20]..74. in laxman tatyaba kankate v. taramati harishchandra dhatrak16, the supreme court considered the principles relating to exercise of discretion under section 20 of the specific relief act, 1963 and held : ".19. it will also be useful to refer .....

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Mar 23 2001 (HC)

Pabba Laxmidevamma and Others Vs. Pabba Sekharaiah Goud

Court : Andhra Pradesh

Reported in : 2001(3)ALD808; 2001(4)ALT132

..... is not bound to grant such relief merely because it is lawful to do so: but the discretion of the court is not arbitrary ..... hardship on the plaintiff, the court may use its discretion not to decree the suit for specific performance. under section 20(2)(c) of the specific relief act, though the contract is not voidable, if the contract is inequitable to enforce specific performance, the court may use its discretion not to decree for specific performance.21. the learned counsel for the appellants-defendants further submits ..... he was ready and willing to perform his part of contract in terms of section 16(1)(b) of the specific relief act?'the appellants also raised the following substantial questions of law:whether the lower appellate court is justified in decreeing the suit, when the plaintiff failed to prove that he was ready and willing to perform his part of ..... term of the contract or wilfully acts at variance or has become incapable of performing the contract and fails to prove that he was always ready and willing to perform his part of the contract, he is not entitled for the decree of specific performance. under section 20(1) of the specific relief act, the jurisdiction to decree specific performance is discretionary, and the court .....

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May 01 2007 (HC)

Mohd. Ibrahim and anr. Vs. Mohd. Yusuf and anr.

Court : Allahabad

Reported in : 2007(4)AWC3539

..... bona fide purchaser will be left high and dry. learned counsel for the defendants submitted that it is true that section 20 of the specific relief act is a discretionary remedy that is not always necessary to grant a decree for specific relief if it appears to be inequitable and causes hardship to the other side. but looking to the facts of the present case we ..... sri qadeer, learned counsel for the appellants are applicable to the facts of the present case. in p.v. joseph's (supra), the supreme court observed:section 20 of the specific relief act, 1963 preserves judicial discretion to courts as to decreeing specific performance. the court should meticulously consider all facts and circumstances of the case. the court is not bound to grant ..... reasonable and in the present case the appellate court after a careful perusal of the evidence on record had decided to decree the suit for specific performance and none of the grounds mentioned in sub-section (2) of section 20 of the specific relief act were attracted in the present case.13. i have carefully considered the submissions advanced by the learned counsel for the ..... because it is lawful to do so, and that in view of the provisions of section 21(2) of the specific relief act, the trial court had rightly compensated the plaintiff instead of decreeing the suit for specific performance.12. sri p.n. saxena, learned senior counsel appearing for the plaintiff/respondent no. 1, however, contended that there was no infirmity in the findings .....

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Apr 23 2008 (HC)

NitIn JaIn Vs. Murari Lal Behl

Court : Delhi

Reported in : 2008(106)DRJ672

..... the plaintiff was both ready and willing to perform his part of the contract.25. it has been held that the jurisdiction of the court under section 20 of the specific relief act to decree specific performance is on the basis of sound exercise of judicial discretion based; in turn dependent on settled principles see para kunnen veetil joseph's son methew v. nuda bara ..... the contract.21. the requirement of having to prove readiness and willingness by the plaintiff to perform his part of the contract, in terms of section 16(c) of the specific relief act exists not only as on the date of the contract but also continues to exist till the hearing of the suit. see mrs. sandhya pani v. smt. sudha rani : [1978 ..... 200 sq.yds after obtaining income tax clearance certificate in form 34-a from the appropriate authorities. alternatively, in the event the court finds that decree for specific performance cannot be granted, the plaintiff claims, as alternative relief, a decree for refund of rs. 4 lakhs along with interest @ 24% per annum calculated with effect from the date of payment which amounts to rs ..... of this issue is necessary since the court has held against the plaintiff on issue no. 6 i.e. entitlement to a decree of specific performance. the discussion here has to revolve around relief clause (c). the plaintiff has claimed a decree for rs. 28,56,000/- which includes refund of rs. 4,00,000/- paid as advance to the defendant along with interest .....

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Dec 14 2006 (HC)

Husenabibi Wd/O Amirbhai Yasinbhai and anr. Vs. Abdulmiya Kasammiya Ku ...

Court : Gujarat

Reported in : AIR2007Guj56

..... erring parties in the matter of performance of suit agreement. 40. mr. raval further submitted that as per section 20 of the specific relief act, jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary but sound and reasonable, guided ..... course of the transaction, she had not been fair.15. granting of specific performance is an equitable relief, though the same is now governed by the statutory provisions of the specific relief act, 1963. these equitable principles are nicely incorporated in section 20 of the act. while granting a decree for specific performance, these salutary guidelines shall be in the forefront of the mind of ..... question of considering the question regarding compensation as envisaged by section 21(5) of the specific relief act, 1963.48. considering the circumstances narrated herein above, this is not a case in which the court is required to use its discretion for passing a decree for specific performance of the suit agreement. it is required to be noted that, at no point ..... modified, particularly in the case of urban immovable properties. it is high time, the courts do so. 45. mr. raval, thereafter, submitted that under section 21 of the specific relief act, the court may pass appropriate order regarding award of damages. in this connection reference is required to be made to the decision of the apex court in shamsu suhara beevi .....

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Jul 08 1987 (HC)

Smt. Purnima Rani Dutta Vs. Smt. Lakshmi Bala Dasi

Court : Kolkata

Reported in : AIR1988Cal148

..... the contract to transfer immovable property cannot be adequately relieved by compensation in money. as laid down in section 20(i) of the specific relief act, the jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary but sound and reasonable, guided ..... from the performance of the contract.13. in the case reported in (1964) 68 cal wn 611. on discussion of the relevant provisions of specific relief act it wasfurther held that the plaintiff purchaser was entitled to a decree for specific performance of the agreement for sale upon relinquishment by her of her claim to vacant possession and also of her claim to compensation for ..... . mr. chatterjee has submitted that by virtue of the application of section 12(3) of the specific relief act, read with section 20(4) and explanation (i) to section 10 of the said act, the instant case is the fit case where the court should grant a decree for specific performance of the contract. mr. chatterjee has further submitted that there is no clause or any .....

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Jul 07 1911 (PC)

Janki Pershad Singh and ors. Vs. Syed Yahia HossaIn and ors.

Court : Kolkata

Reported in : 13Ind.Cas.637

..... plaintiffs; and, thirdly, that under the circumstances of the case the court, in the exercise of its discretion under section 22 of the specific relief act, ought not to decree specific performance.2. in so far as the first of these grounds is concerned, it appears to have been the case of the plaintiffs ..... circumstances, we are of opinion that we may, under section 22 of the specific relief act, properly refuse to enforce this contract. that section provides that the jurisdiction to decree specific performance is discretionary and the court is not bound to grant such relief merely because it is lawful to do so; the discretion of the court ..... the circumstances of the case had refused to exercise the discretion vested in him under section 22 of the specific relief act.5. the result is that this appeal is allowed, the decree of the district judge set aside and the suit dismissed, but, under the circumstances, without costs. ..... has not been, done. we are, therefore, of opinion that the case has not been brought within the provisions of section 27 of the specific relief act as explained in kantian v. krishnan 13 m. 324. it was pointed out in this case by mr. justice muthusami ayyar that the intention of ..... second ground taken on behalf of the appellants is concerned, there is, in our opinion, no answer to it. under section 27 of the specific relief act, the contract could not be enforced as against the defendants if they were transferees for value who had paid their money in good faith and .....

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