Court : Delhi
Reported in : 2003VAD(Delhi)517; AIR2003Delhi410; 2003(69)DRJ677
..... specifically enforced. clause (c ) of section 41 enumerates the nature of contracts, which could not be ..... held:- 'the effect of breach of a contract by a party seeking to specifically enforce the contract under the indian law is enshrined in section 16(c) read with section 41(e) of the specific relief act, 1963. clause (e) of section 41 of the specific relief act provides that injunction cannot be granted to prevent the breach of contract, the performance of which would not be ..... any number of franchisees in a given area as it deems fit. it was argued that the relief of temporary injunction, being sought by the plaintiff, cannot be granted in view of statutory bar in that respect under section 14 of the specific relief act. 9. the relief of temporary injunction, being sought by the plaintiff, is in the nature of injunction restraining the defendant ..... any time by either party by serving a 90 days' advance notice, in writing. section 41(e) of the specific relief act, 1963 (for short 'the act') provides that no injunction can be granted to prevent the breach of a contract the performance of which would not be specifically enforceable. there is, of course, an exception to this, contained in section 42 of the .....Tag this Judgment!
Court : Allahabad
Reported in : 2007(1)AWC928
..... limitation would begun to run from the date when such refusal came to the knowledge of the plaintiff. in such case the exercise of discretion under section 20 of the specific relief act to grant specific performance will come into question. 12. there was sufficient evidence ;on record to show that the plaintiff and her husband were living near the property under the agreement. he ..... without notice of the earlier agreement for sale?(4) whether the appellate court was justified in exercising the discretion vested in the courts under section 20 of the specific relief-act to decree suit for specific performance of contract?9. in the present case the parties consented in the agreement dated 4.4.1988 that the sale deed will be executed within three months ..... three years began from 22.5.1994. the suit was filed well within limitation on 20.2.1997. issue no. 5 with regard to section 16 and 34 of the specific relief act was decided in favour of the plaintiff, as she had not sought any declaration with regard to her title.6. issue no. 6 was framed to decide as to whether ..... were no clear recitals in the plaint of the readiness and willingness of the plaintiff to perform her part of the contract. the requirement of section 16(c) of the specific relief act were not complied with. on issue no. 2 regarding forfeiture of the earnest money the trial court held that since there was no alternative prayer of refund of earnest money .....Tag this Judgment!
Court : Mumbai
Reported in : 2010(1)BomCR847
..... way of part performance cannot be accepted. both the courts below have exercised their discretion under section 20 of the specific relief act and have not granted specific performance. the appellate court has considered the fact that great hardship would be caused to the defendants who had no other land, ..... filed special civil suit no. 76 of 1979 before the civil judge, senior division, solapur on 13.7.1979 seeking specific performance of the agreements of sale with the consequential relief of compensation. in the alternative, the plaintiff claimed a refund of the earnest money with interest from the defendants. the ..... in case specific performance was granted.9. in fact both the courts below have held that the plaintiff was not entitled to specific performance of the contract. the trial court was impressed with the fact that no pleadings ..... was kept as security. this is a finding of fact which need not be disturbed in a second appeal.11. in my opinion, therefore, no specific question of law arises in this appeal. appeal is thus dismissed. mr. katikar, appearing for the defendants, submits that the defendants have already deposited ..... been put in possession of the suit land in part performance of the contract. while decreeing the suit in favour of the plaintiff the claim for specific performance of the agreement was rejected. however, the court directed the defendants to pay an amount of rs. 27,000/- with interest @ 6 .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1989KAR2784
..... notice dated 28-9-1987?5. whether the suit for bare injunction as sought for by the plaintiff is maintainable having regard to the provisions of the specific relief act?6. whether the discretion to grant injunction should be refused to be exercised in favour of plaintiffs having regard to the conduct of plaintiffs and all other circumstances of the case?12. in ..... injunction, relied on a few passages in some of the well-known books on injunctions to highlight the argument that the discretion granted to the court under the specific relief act to grant an injunction was not liable to be granted in these cases for the benefit of the plaintiff. the statement of the law in the book by woodroff 'the law relating to injunctions', ..... would, therefore, be more appropriate for the court to decline to exercise its discretion and refuse the injunction sought than by granting it. this finding, ensconced as it is within the frame-work of the specific relief act, under which the plaintiff seeks relief, would suffice to mark the end of the contending view points projected hereinbefore. but counsel on both sides have taken ..... this topic. i would, however, begin by referring to sections 36 and 41(1)(j) of the specific relief act. section 36 reads:'preventive relief is granted at the discretion of the court by injunction, temporary or perpetual'section 41(j) reads:'an injunction cannot be granted when the plaintiff has no personal interest in the matter'.a reading of both these provisions would indicate .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1996KAR1485
..... trial court. when the attention of the trial court was tried to be invited for the purpose of interim injunction, it observed, 'therefore under section 37 of the specific relief act, granting of temporary injunction are regulated by the code of civil procedure. therefore, for this purpose, order 39 rules 1 and 2 has to be looked into. merely because ..... that it also seems that the attention of the learned judge was not directed towards section 41(h) of the specific relief act, 1963 which lays down that an injunction, which is a discretionary equitable relief, cannot be granted when an equally efficacious relief is obtainable in any other usual mode or proceeding except in cases of breach of trust.' their lordships further dealing ..... particularly in the context of terms of agreement itself which the trial court and appellate court had deferred. that section 38(2) of specific relief act very clearly provides as i quoted above that injunction cannot be granted in cases where obligation arises out of contract. the court has to be guided by the provisions of chapter ii namely section 14 ..... code are applicable, but the principle of law contained in the provisions of the specific relief act, also control of granting temporary injunction and in cases where the permanent injunction cannot be granted, the court has no authority to grant temporary injunction and this principle will control the granting of temporary injunction. sri shetty submitted that in case where the plaintiff-applicant has .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2001(5)ALT417
..... a reasonable time even though no period of limitation is prescribed thereunder. this is so in view of the fact that grant of relief under specific relief act is based on equity, fair play and good conscience. even in case of an e.p. while 12 years is the outer limit, any application for execution preferred technically ..... m. sakuntala devi v v. sakuntala and others, : air1978ap337 analyzing the provisions of sec.28 of the specific relief act, which provides for rescission, in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been granted, and further provides for consequences of such rescission, held that though the provisions recognise the power of the court ..... to the defaulting purchaser. it must thus follow that where a court grants a decree for specific performance of an agreement to reconvey immovable property and stipulates a time for payment of purchase money, such time cannot later be extended.13. dealing with a fact situation arising under the specific relief act 1877, a division bench of the calcutta high court in pankoj kumar ..... and to dispose of them in accordance with law. aggrieved thereby the appellant-judgment debtors preferred appeals to the supreme court. considering the provisions of sec.28 of the specific relief act, the supreme court found that no application has been preferred by the respondents-decree holders before the trial court seeking extension of time to deposit the balance amount under the .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1988Kant255
..... is concluded, respondents 4 to 8 should be restrained from exhibiting and screening the picture.38. injunction could be granted under the repealed specific relief act in a matter like this is also clear from the illustration given under section 39 of the said specific relief act. illustration 'e' reads as follows :'a threatens to publish statements concerning b which would be punishable under chapterxxi ..... of the indian penal code. the court may grant an injunction to restrain the publication even though it my be shown not to be injurious ..... against them, limitation, etc.17. on these pleadings of the parties and the application filed by the plaintiffs and the counter affidavits filed by the defendants opposing the grant .of interim relief, the trial court framed the following points for its consideration:(i) whether there is a prima facie case in favour of the plaintiffs; (ii) whether the allegations ..... has chosen to put the life of gopalagowda, the people around him, especially the plaintiffs to ridicule, character assassination resulting in their defamation is false and is denied specifically, that it is false to say that he has deliberately and maliciously with the avowed objective of defaming the plaintiffs has written the book that the book is a .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR2008MP324:2009(1)AIRKarR61(F.B)
..... section 41(j) of the specific relief act, 1963 which provides that an injunction cannot be granted when the plaintiff has no personal interest in the matter. the reliefs under the specific relief act, 1963 are granted for the purpose of enforcing individual civil rights as will be clear from section 4 of the specific relief act, 1963. accordingly, injunction under part iii of the specific relief act, 1963 is granted to the plaintiff either to ..... his favour. unless, therefore, there is an obligation in favour of the plaintiff which needs to be enforced, the court cannot grant injunction.10. hence, it is provided in section 41(j) of the specific relief act, 1963 that an injunction cannot be granted when the plaintiff has no personal interest in the matter. what the division bench has failed to appreciate is that the ..... provisions of the specific relief act, 1963 do not apply to the right conferred on the corporation and any other person under sub-section (5 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1988SC576; JT1988(1)SC387; 1988(1)SCALE80; (1988)2SCC77; 2SCR623
..... -section (h) of section 38 of specific relief act bars the grant of such an injunction in the suit. secondly, the plaintiff-respondents brought this suit for permanent injunction restraining their father, the defendant no. 1, from selling or alienating the property ..... the coparcenary property.18. there is one more difficulty for the sustainability of the suit for injunction with which we are concerned. temporary injunction can be granted under sub-section (1) of section 37 of the specific relief act, 1963. it is regulated by the cpc, 1908. a decree for perpetual injunction is made under sub-section (2) of section 37. such an injunction ..... the merits of the suit. the injunction would be to restrain the defendant perpetually from the commission of an act, which would be contrary to the rights of the plaintiff. section 38 of the specific relief act governs the grant of perpetual injunction and sub section 3 'thereof, reads:when the defendant invades or threatens to invade the plaintiff's right to, or enjoyment-of ..... .7. at the outset it is to be noticed that in a suit for permanent injunction under section 38 of the specific relief act by a coparcener against the father or manager of the joint hindu family property, an injunction cannot be granted as the coparcener has got equally efficacious remedy to get the sale set aside and recover possession of the property. sub .....Tag this Judgment!
Court : Delhi
Reported in : 1996IIIAD(Delhi)369; 1996(25)ARBLR615(Delhi); 1996(37)DRJ533
..... to be associated with the project on 'exclusivity basis' as alleged in the plaint. it is also alleged that no decree for mandatory injunction under section 39 of the specific relief act can be granted in favor of the plaintiff and the suit was also stated to be bad for non-joinder of necessary parties, namely, m/s.tyazhprom india private limited. it is ..... issue of an injunction is against public interest, court will not take the same into consideration; and finally iv) injunction ought to be granted even if it has the effect of specific performance of the affirmative contract.(8) under section 41(e) of the specific relief act, an injunction cannot be granted to prevent the breach of a contract, the performance of which would not be ..... specifically enforced. section 42 of the act, however, is an exception to 41(e). section 42 of the act reads as under: - 'not with standing anything contained in clause (e) of section 41, where .....Tag this Judgment!