Court : Andhra Pradesh
Reported in : AIR1965AP353
..... be specifically enforced in favour of a vendor or lessor (a) (b) who enough he entered into the contract believing ..... plaintiff therefore cannot claim specific performance of the agreement further it is impossible to grant a decree for specific performance as the company itself is dissolved.(31) nor can the appellant derive any help from section 25(b) of the specific relief act. that section 25(b) of the specific reads as follows:-'a contract for the sale or letting of property. whether movable or immovable cannot ..... for rs. 2,500/- as and by way of damages, but the same has been dismissed by us by a separate order. (33) for invoking section 19(2) of the specific relief act, it is necessary that the defendant should have committed a breach of the agreement. inasmuch as the plaintiff never acquired title to the shares before the institution of the suit ..... . reddy, remained to be the holder of the shares even on the date of the suit. hence the plaintiff is not entitled to claim specific performance under section 25 of the specific relief act. i was also alleged that specific performance cannot be decreed as a fraction of a share cannot be transferred . even after the company was wound up, and liquidator was appointed no .....Tag this Judgment!
Court : Delhi
Reported in : ILR1972Delhi874B
..... 10 and 11 of the specific relief act, 1877 (corresponding to sections 7 and 8 of the specific relief act, 1963) specific movable property is recoverable by a suit for the possession of ..... ) the distinction between a right to maintenance and the ownership of immovable or movable property is best realised by the difference in the remedies by which they are enforced. under sections 8 and 9 of the specific relief act, 1877 (corresponding to sections 5 and 6 of the specific relief act, 1963) immovable property is specifically recoverable by a suit for possession of the same. similarly, under sections ..... to be enforced by a suit for money which is outside the scope of the specific relief acts. if, thereforee, the appellant wanted to enforce her right of maintenance against the respondents, the remedy for her was a suit for money and not a suit for the recovery of specific movable property or a part thereof. in the scheme of legislation relating to displaced persons .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1960SC335; 2SCR253
..... to be raised but negatived the contention. the learned counsel for the respondent contends that, for the reasons mentioned in regard to the plea based upon s. 42 of the specific relief act, we should also not allow the appellant to raise this contention either. but there is an essential distinction between the two contentions; while in the former case, if the contention ..... 10, 1938, made by lala laxminarayan to the deputy commissioner, nagpur, for exemption from furnishing security at excise sales. therein he alleged that lala ratanlal owned and possessed immovable and movable properties worth about a lakh of rupees, which on his death devolved on his son, the applicant therein, that all the said properties were held by the applicant in his ..... debts, was not divided in metes and bounds. ex facie it does not support the appellant's version that govindprasad alone separated from the joint family taking his share of movable properties at the time of his father's death and relinquishing his interest in all the immovable properties of the family. the first respondent attacks this document mainly on the ..... relinquishment) and hereby declare as follows :- 'each brother should from this day enjoy his own self-acquired property and that he may acquire with his personal exertions-articles, grain, cash, movable and immovable property, so on and so forth. one has no connection with another, of family relation in property, transactions ... (torn), dealings and the like, of others. each should enjoy .....Tag this Judgment!
Court : Chennai
..... , 2005. the appellants in the original side appeals, in o.s.a.nos.1 to 4 of 2013, cannot invoke the exceptions provided under section 10 of the specific relief act, 1963, in respect of movable properties. the share purchase agreement, dated 21.12.2005, entered into for the purpose of transfer of shares cannot be taken to be an agreement relating to the ..... corresponds to section 12 of the specific relief act, 1877.45. while deciding the issue as to whether the leave, under clause 12 of the letters patent, was necessary for the filing ..... certain conditions. further, in section 10 of the specific relief act, 1963, it has been stated that, unless and until the contrary is proved, the court shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money and that the breach of a contract to transfer movable property can be so relieved except where the ..... in question were movable properties and that they were transferable in nature. the shares in a private limited company would come within the phrase not easily obtainable in market . a holder of shares in a private company, may agree to sell his shares to a person of his choice. such an agreement is specifically enforceable, under section 10 of the specific relief act, 1963, which .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(1)ALD222; 1999(1)ALT211
..... value for the purpose of determining the jurisdiction of courts shall be the amount stated in the plaint.' section 28 deals with suits for possession under the specific relief act and the fees shall be computed on one-half of the market value of the property or rs.200/- whichever is higher. section 29 deals with ..... the purpose of determining the jurisdiction of courts shall be the amount of the debt, or the sum of money or the market value of the movable property or three-fourths of the market value of the immovable property to which the suit relates.' chapter v comprising of sections 50 and 51 under ..... the case of a contract of exchange, it is computed on the amount of consideration or as the case may be, on the market value of the movable property or three-fourths of the market value of the immovable property sought to be taken in exchange and under sub-section (e) in other cases, ..... value is not lessthanrs.10,000/-.section 35 deals with suit for joint possession and the fees shall be computed on the market value of the movable property or three-fourths of the market value of the immovable property included in the plaintiffs share. section 36 deals with the administration suits and the ..... his share is paid. section 34 deals with partition suits and under sub-section (i), the fees shall be computed on the market value of the movable property or three-fourths of the market value of the immovable property included in the plaintiffs share. under sub-section (2) which deals with the joint .....Tag this Judgment!
Court : Andhra Pradesh
..... disposition.21. the definition under section 2 (b) of the specific relief act, 1963 (for short, 'the act of 1963'), is exhaustive and wider. according to it, settlement means "an instrument (other than a will or codicil as defined by the indian succession act, 1925) whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be ..... . the plaintiff filed the suit for partition of entire schedule property claiming 1/7th share for himself contending that the property is joint family property. however, the defendants raised a specific contention that the plaintiff released his undivided 1/7th share in the property by executing ex.b4 and, therefore, the plaintiff is not entitled to claim any share as he ..... property. therefore, ex.b4 is neither family settlement deed nor deed of family arrangement.20. section 2 (24) of indian stamp act, 1899 ('the act of 1899' for brevity), defines the word 'settlement' as follows: "any non-testamentary disposition, in writing, of movable or immovable property [whether by way of declaration of trust or otherwise]. made (a) in consideration of marriage; (b) for ..... disposed of."it is a document by which a property is transferred or agreed to be transferred inter vivos as such it may be either executory or executed and takes effect during the life of the executor. the literal meaning connotes the idea to secure by gift or legal act .....Tag this Judgment!
Court : Kolkata
Reported in : (2007)3CALLT560(HC),2008(1)CHN900
..... para 25 of the said reports, the question that was considered was: 'assuming a trespasser ousted can seek restoration of possession under section 6 of the specific relief act, 1963, can the trespasser seek injunction against the true owner?' at this stage, this court is not in a position to come to a finding ..... life time were the same as those of the testator himself and that the widow was to remain in full control over all the property movable and immovable during her life time as an owner of the property and after the death of her husband the widow continued to remain in ..... the terms of the will provided that till the testator along with his wife are alive they shall have full control over all their properties movable and immovable. it appears that the testator and his wife/widow was to retain all their rights and control over their properties as owners thereof ..... stated that 'my mother, phudan kumari barmanya, and my wife, bhagabati barmanya, shall, as long as they live, hold possession of all my properties, movable and immovable, and enjoy and possess the same on payment of the collectorate revenue and the zemindars' rents, and by maintaining intact and continuing the service of ..... to grant injunction. the court further has to satisfy that non-interference by the court would result in 'irreparable injury' to the party seeking relief and that there is no other remedy available to the party except one to grant injunction and he needs protection from the consequences of apprehended injury .....Tag this Judgment!
Court : Delhi
Reported in : 1982(3)DRJ145
..... did not touch the exhibition of the pictures and were not thereforee referable that the petition was also barred under s 40(3) of the specific relief act that the suit filed by petitioner in the court of civil judge lucknow had been dismissed and that the present case was barred and the ..... this latter allegation has been denied. the mere fact that the respondents have no assets, movable or immovable from which the petitioner's claim could be satisfied in my opinion, is no ground for appointment of a receiver. it may be ..... . no such circumstances in my view have been made out. the main plea raised by the petitioner is that the respondents have no assets movable or immovable from which the aforesaid claim of the petitioner may ultimately be satisfied and the shilpi theatre was mortgaged with hindustan commercial bank kanpur. ..... of this court by dosobeyng the order dated 20-8-81 passed by this court. it was also pleaded that the respondents had no asset movable or immovable from which the aforesaid claim of the petitioner could ultimately be satisfied that the shilpi theatre lucknow was mortgaged with hindustan commercial bank ..... y. s. srivastava advocate lucknow as receiver of shilpi theatre lucknow during the pendency of the main petition under section 20 of the arbitratio act with directions to the receiver to continue/take effeclive control of the said theatre and realise the total income of the cinema shows daily and .....Tag this Judgment!
Court : Kolkata
Reported in : AIR2003Cal105
..... is never disputed. mr. banerjee relies on the provisions of section 9 and section 15(h) of the specific relief act. provisions of section 9 and section 15(h) of the specific relief act have been discussed above. the english decision reported in (1953) 1 all er 708 enunciate the principle that ..... there cannot be a contract with a non-existent company but how section 15(h) of this specific relief act, 1963 is going to help mr. banerjee's contention inasmuch as proviso clause of section 15(h) clearly says that provided the company ..... intention of the document maker was also very clear. mr. roy submits that if the provision of sections 9. 15 and 19 of the specific relief act, 1963 are read together with its preambles, it would be amply clear that the principles of the english decision reported in (1953) 1 ..... also the learned appellate court below relying upon (1953) 1 all er 708 or the same will be amenable to the provisions of specific relief act which is indian legislation and relevant in the context.(2) whether deed dated 10-6-74 executed by successor-in-interest of original landlord ..... movable and immovable assets, enters into contracts involving rights and obligations and applies to authorities for a variety of things, all on behalf of the company to be formed'. as to the exact legal status of promoters, the statutory provisions, both in england and in this country are silent in most part except for a couple of sections in the specific relief act .....Tag this Judgment!
Court : Punjab and Haryana
..... parties and have also perused the material on record. 10. learned senior counsel for the appellant has argued that the suit itself is not maintainable under section 34 of the specific relief act as the plaintiff is not proved to be in possession of the suit land, therefore, simpliciter suit for declaration is not maintainable. in support of his argument, learned counsel relied ..... . after filing of replication, following issues were framed by the trial court:- "1. whether the plaintiff is owner in possession of the property in dispute ? opp 2. whether all other movable and immovable properties of deceased gurdev singh devolve upon the plaintiff by virtue of will dated 21.12.1993 ? opp 3. whether plaintiff is owner in possession of the tractor ..... singh including movable and immovable properties came to plaintiff at the time of his death as the plaintiff was his legal heir. plaintiff further alleged that she is in actual physical possession of ..... gurdev singh. plaintiff has been serving gurdev singh through his life time and gurdev singh executed valid will dated 21.12.1993 in favour of the plaintiff bequeathing all his movable and immovable properties. will was executed by him in mangat nursing katani kalan district ludhiana where he was undergoing treatment. in view of the said will, the estate of gurdev .....Tag this Judgment!