Court : Kolkata
Reported in : AIR1941Cal153
..... law....9. the principle of that decision so far as it related to section 42, specific relief act, is accurately summarized in the concluding portion of the headnote at p. 366:the awarding of declaratory relief, as regulated by section 42, specific relief act, is a discretionary power which courts of equity are empowered to exercise with reference to the circumstances of each case and the ..... nature of the facts stated in the plaint, and the prayer of the plaintiff; that so long as a court of first instance possesses jurisdiction to ..... of discretion under section 42, specific relief act, has no higher footing than that of an error, defect or irregularity, not affecting the merits of the case or the jurisdiction of the court, within ,the meaning of section 578, civil p. c.this does not imply that even in cases where the discretionary power to award declaratory relief has been exercised wholly arbitrarily ..... lease embodied in the compromise decree and we are of the opinion that such a declaration is not contemplated by section 42, specific relief act, and that the lower appellate court acted rightly in reversing the decree of the learned trial court. this appeal accordingly fails and is dismissed with costs. the hearing fee is assessed at two gold mohurs.lodge, j.13 .....Tag this Judgment!
Court : Chennai
Reported in : (1997)1MLJ181
..... 14.4.1937. in american express bank limited v. calcutta steel co. : (1993)2scc199 , the apex court had occasion to deal with the case of grant of relief of declaration under section 34 of the specific relief act, 1963 and held that discretionary power of court has to be exercised with circumspection, ex debito justitiae, having regard to pros and cons in the facts and circumstances of ..... each case and the court also cannot convert itself into an instrument of injustice or vehicle of oppression ..... . their lordships also emphasised the need, while exercising the discretionary power of courts, to keep .....Tag this Judgment!
Court : Chennai
Reported in : 239ITR620(Mad)
..... 14, 1937. in american express bank ltd. v. calcutta steel co., : (1993)2scc199 , the apex court had occasion to deal with the case of grant of relief of declaration under section 34 of the specific relief act, 1963, and held that discretionary power of court has to be exercised with circumspection, ex debito justitiae having regard to pros and cons in the facts and circumstances ..... of each case and the court also cannot convert itself into an instrument of injustice or ..... vehicle of oppression. their lordships also emphasised the need, while exercising the discretionary power of courts, to ..... in parikhit muduli v. champa dei, : air1967ori70 and held that the presumption under section 108 of the evidence act will be available at a point of time when a party approaches the court for necessary relief.28. the himachal pradesh high court in mathru v. rami, has taken the same view holding that the burden of proving the date of death .....Tag this Judgment!
Court : Chennai
Reported in : AIR1923Mad475; 73Ind.Cas.619; (1923)45MLJ23
..... was laid down that where there is a legal right which can be asserted in law or equity a court of equity can grant an injunction in protection of that right. i have no doubt that this court possesses the same powers under the specific relief act, 1877, and in my judgment this is a case for exercising them. reliance is placed by the defendant on ..... section 352 of the madras district municipalities act, 1920, which protects the chairman from suits in respect of acts done in his official capacity, but in my judgment ..... the propriety of these injunctions to avoid deciding on the maintainability of the suits.13. the petitioners' chief contention is that the suits are maintainable under section 42 of the specific relief act as being suits by persons entitled to a legal character for the declaration of their title. that the general right of being nominated to stand as a candidate for a ..... in the mofussal. the grounds for this decision seem to be open to question since the rules under the act of 1884 evidently provided for an election petition before the district magistrate and the ratio decidendi would imply that section 42 of the specific relief act will support such a suit in the mofussal, though it cannot be called in aid in the presidency .....Tag this Judgment!
Court : Chennai
Reported in : AIR1977Mad215; (1977)1MLJ473
..... court for setting aside the alienation to pay compensation to the other side or to restore the property which the other side had parted with ..... due by the father of the minors is supported by s. 41 of the specific relief act, 1877 now s. 33 of the specific relief act, 1963. these two section clearly provide the when the court adjudges cancellation of instrument on the ground that it was void or voidable, it has got the power to call upon the plaintiffs at whose instance the instrument is adjudged void or ..... under ex. b-1, is void. consequently, independent of any other consideration, when the court is called upon to exercise the jurisdiction under the provisions of the specific relief act, by canceling an instrument on the ground that the instrument is void or violable, it certainly has got the power to give a direction which has been done in the present case and therefore the ..... binding on the minor children, the is court after referring to the decisions in rangilahi v. mahbublahi, ilr (1925) 7 lah 35: (air 1926 lah 170) and abdul majid sahib v ramiza bivi sahiba, 33 mad lw 312: (air 1931 mad 468) held that under s. 41 of the specific relief act, 1877, the court had ample power to direct the plaintiffs who had come to .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1951All199
..... case like this where the erection is of recent date and has been objected to from the beginning.'this observation takes us back to the discretion of the court exercising powers under section 55, specific relief act.19. ashworth j., in parmeshri kunwar v. dhuman kunwar : air1929all393 while stating that there is no doctrine of special damage applicable to a co-sharer complaining of ..... to say :'we need not in this case consider what a civil court should do it the defendant has erected at great expense buildings which a court of equity might hesitate to order him to pull down.'this observation clearly saves the power of the court under section 55, specific relief act, as a court of equity to regulate its discretion in accordance with the provisions of that ..... of the discretion vested in the district judge in granting the injunction. the learned judge referred to the provisions of sections 54 and 55, specific relief act and held that it was purely a question of discretion whether the court granted the injunction rightly or wrongly. this case does not shake the soundness of the decision in paras ram's case, 9 all. 661 ..... invasion of his right observed :'it is true that a court has a discretion to refuse or order an injunction and may refuse to do so when it considers that .....Tag this Judgment!
Court : Chennai
Reported in : AIR1933Mad319
..... for the election of members of local boards, that the petitioner's name be excluded from the list of valid nominations and ballot papers. this court has power under section 45, specific relief act, to issue mandatory orders to public servants and others to do specific acts within the local limits of its ordinary civil jurisdiction, but not against the governor in council section 45, proviso (f ..... a direction which would be suitable in a writ of mandamus, but is quite inappropriate in a writ of certiorari. this court has no power to issue a writ of mandamus. (section 50, specific relief act). the petition must therefore be dismissed. moreover, the relief sought is only nominally against the election officer; it is in reality against the government who by their order in g ..... ), specific relief act nor against the governor acting with ministers: venkataratnam v. secy. of state air 1930 mad 896. that in my opinion is a sufficient reason for me to ..... orderburn, j.1. the prayer is that this court:should be pleased to issue a writ of certiorari to the election officer... and to direct the said officer to include my name in the list of nominated candidates and .....Tag this Judgment!
Court : Chennai
..... debtor, taking into account the background facts. the precedent:18. the supreme court in chanda v. rattni [air2007sc1514, indicated the powers under section 28 of the specific relief act, 1963, in the following words: "9. the present section corresponds to section 35(c) of the specific relief act, 1877 (hereinafter referred to as the 'repealed act') under which it was open to the vendor or lessor in the circumstances ..... cannot be rescinded subsequently.17. the decree passed in a suit for specific performance is in the nature of a preliminary decree. the trial court retains control till the execution of decree. section 28 of the specific relief act, 1963 gives power to the court to grant rescission of contract. similarly, it gives power to the court to extend the time for payment or performing the other conditions of ..... the decree for specific performance. this makes the position very clear that by passing .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2009(6)ALT634
..... (8) alt 31.3 (dnsc) it was held at para-5:no doubt under section 20 of the specific relief act the power of the court is discretionary. it is, however, clear from the language employed therein that a discretion of the court is not to be arbitrary but based on sound and reasonable, guided by judicial principles and capable of correction by ..... by the trial court with regard to the discretionary relief under section 20 of the specific relief act. we are unable to find out any reasons assigned by the trial court as to why the discretionary relief of specific performance cannot be granted to the plaintiff. in our view, therefore, the exercise of the power of discretionary relief under section 20 of the specific relief act is arbitrary but ..... not based on any sound and reasonable, or neither guided by the judicial principles and capable of correction of a court of appeal.38. strong reliance was placed on vemula shanker v. nakod pandarinath : ..... nedubara kuruvila's son : air 1987 sc 2328, this court cautioned and observed as under (para 14):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 specific performance merely because it is lawful to do so. the .....Tag this Judgment!
Court : Chennai
..... grant the relief of recovery of possession and without amending the prayer for recovery ..... possession, the revision petitioner is not entitled to the relief of recovery of possession. he further contended that even as per section 22 of the specific relief act, the court has no power to grant the relief of possession unless it has been specifically claimed and when the plaintiff has not claimed any such relief in the plaint, the court should permit the plaintiff to amend the plaint and thereafter ..... of any prayer for possession once a suit for specific performance is decreed the court has got every power to order delivery of possession. further, according to me, the court has got power to grant the relief of possession even in the absence of any such prayer as per the proviso to section 22(2) of the specific relief act the court shall at any stage of the proceedings allow .....Tag this Judgment!