Court : Karnataka
Reported in : ILR1994KAR2972; 1994(4)KarLJ668
..... construction on the pavement, he is suffering some special damage or injury in the enjoyment of his property, then in that case, in my opinion, the petitioner has got remedy under the specific relief act for filing suit for injunction against the opposite parties to prevent them from interfering with the easementary or other rights of the petitioner. that being so, in my opinion ..... down that 'it is now well recognised that where a right or liability is created by a statute which gives a special remedy for enforcing it, the remedy provided by that statute only must be availed of.' the specific relief act provides such remedy. section 91 of the code of civil procedure provides that in case of special damage or loss even in case of public ..... nuisance, the person can file a suit in his own right independently and seek proper relief.14. in the case of assistant collector of central excise, chandan nagar ..... , the petitioner has got alternative remedy of civil suit. in the civil suit, the question of title, the question whether the constructions which were alleged to be unauthorised are really .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR2008MP324:2009(1)AIRKarR61(F.B)
..... a building on the ground that there has been the contravention of the provisions of the act of 1956 or the bye-laws made thereunder. this remedy under sub-section (5) of section 307 of the act of 1956 is independent of and different from the remedies under the specific relief act, 1963.11. we also find from para 16 of the opinion of the division bench ..... in radhakishan sharma (supra) that the division bench has held that in the event of wrongful act affecting the public, recourse to suit in terms of section ..... , 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 ..... of 2006 may not have an alternative statutory remedy under sub-section (5) of section 30 of the act of 1956.3. the division bench hearing w.p. no. 5807 of 2006, however, found that in the earlier case of radhakishan sharma (supra), the division bench had taken the aid of the provisions of the specific relief act, 1963 and the code of civil procedure .....Tag this Judgment!
Court : Chennai
Reported in : AIR1933Mad386; (1933)64MLJ536
..... that the defendant to the action does not enjoy the same privilege as the . plaintiff, that as regards the relief he can obtain in the suit itself, section 35(c) of the specific relief act prescribes a remedy and that he cannot obtain any other or further relief in the action than what is provided by that section. it is contended, on the other hand, that ..... and that the plaintiff should be called on to bring in the full price. the learned subordinate judge, holding that the only remedy open to the applicant is to have the contract rescinded under section 35(c) of the specific relief act, made the following order:it seems to me, therefore, that the only final order which can be passed on this application is ..... to the plaintiff after judgment must be equally available to the defendant and the varied nature of the remedies is set forth, as already noticed, by fry in his work. thus, the right of rescission recognised in section 35(c) of the specific relief act is not confined to a vendor, whether plaintiff or defendant, but must be equally open to a purchaser, it ..... in the case of a defendant-purchaser at any rate, there being no provision in the specific relief act, we must, necessarily turn to the recognised english practice in that respect. next, is there anything to show that, where the defendant is the vendor, the remedy provided by the act is exhaustive? i may observe first, that section 35 applies to both the plaintiff-vendor .....Tag this Judgment!
Court : Rajasthan
Reported in : 1979WLN(UC)137
..... specific relief act. according to the plaintiff, he was dispossessed from the shop on june 16,1969 and he brought the suit for ..... will be governed by article 64 and when based on proprietary title, will be governed by article 65, limitation act. it is, therefore, clear that if the dispossessed person without availing himself of the summary remedy provided by section 6 of the specific relief act brings a suit for possession on the ground of his dispossession by the defendant and not on the proprietary title ..... , when the plaintiff while in possession of the property has been dispossessed.even in a case where the summary remedy under section 6 is not availed of by the person dispossessed, it will not disentitle him from availing himself of the other remedy provided in the specific relief act though the suit is brought after six months as provided in section 6(2) of the ..... , the suit would be governed by article 64 of the limitation act. their lordships of the supreme court in nair service society's .....Tag this Judgment!
Court : Chennai
Reported in : LC2008(1)173; (2008)3MLJ575; 2008(36)PTC400(Mad)
..... respect of infringement of trade mark invariably accompanied by an application for temporary injunction pending disposal of the main suit. the grant of injunction being an equitable remedy provided under the specific relief act is governed by the principles of prima facie case, balance of convenience and irreparable injury.20. in the case of seema arshad zaheer and ors. v. ..... to be allowed.51. we are concerned with the interest of both parties during the interlocutory stage pending disposal of the main suit. therefore while granting the relief of injunction in favour of the appellant as prayed for in their applications for interlocutory injunction, we direct the appellant to deposit a sum of rs.20 lakhs ..... perverse and capricious.17. the learned senior counsel for the respondents supported the order of the learned single judge and contended that temporary injunction being purely an equitable relief to be granted keeping in view the balance of convenience, existence of prima facie case and irreparable injury and as the appellant failed to prove these fundamental factors, ..... learned single judge rejected the prayer for injunction pending suit.2. the appellant herein filed a suit in c.s.no.504 of 2007 against the respondents for the following reliefs.(a) a permanent injunction restraining the defendants by themselves, their associate companies, heirs, legal representatives, successors in business, assigns, servants, agents, transporters, distributors, printers, stockists, wholesalers, .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... the position of transferee under a fraudulent instrument of conveyance is different from the true owner of the title to the property in question. section 31 of the specific relief act provides one remedy, namely, cancellation of the instrument by showing to the court that such instrument is void or voidable and that if such instrument is allowed to outstanding, it ..... a.k. lakshmipathy (died) by lr v. r.s. pannalal hiralal lahoti charitable trust : 2005(5)ald658 , after making reference to section 55 of tp act and section 13 of specific relief act pointed out the following remedies for the transferees under fraudulent sale contracts or transfer vitiated by fraud.(i) where the seller transfers the property with imperfect title and subsequently acquires interest ..... an instrument/deed or document is maintainable? when such a suit at the instance of original owner is not maintainable and what are the other remedies to such a person? sections 31 and 34 of specific relief act are relevant and read as under.31. when cancellation may be ordered:- (1) any person against whom a written instrument is void or ..... aggrieved by a registered document on conveyance has to file civil suit seeking appropriate declaration under section 34 of the specific relief act, read with article 59 of the schedule under the limitation act, 1963. the writ petition is not a proper remedy.89. following the decision in property association of baptist churches (1 supra), another learned single judge in karimnagar education .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1952Cal1,55CWN636
..... an obligation to do. he has a right of suit to obtain that relief or remedy and it seems to me that the remedy can properly be described as a specific legal remedy.25. in my view the phrase 'specific legal remedy' in section 45 (d), specific relief act, means a remedy which would give a person a specifics relief. that being so, i think it follows that if a petitioner for an ..... that taken by banerjee j. in this case and held that a suit was not a specific legal remedy within the meaning of section 45 (d), specific relief act. the word 'specific' was something opposed to the word 'general' and the right of suit was a general remedy and not a specific remedy. the learned judge further held that the view that a right of suit was a bar ..... equally beneficial, effective and convenient. in short, the view of banerjee j. was that a specific and adequate legal remedy means a remedy which is equally beneficial effective and convenient.19. it must be remembered that the words 'other specific and adequate legal remedy' appear in section 45, specifics relief act the word 'specific' appears earlier in the section where it is stated that the presidency high courts could .....Tag this Judgment!
Court : Kolkata
Reported in : (1978)IILLJ151Cal
..... the difference in the test of the two material provision leads us-for reasons given hereinbefore-to hold that unlike section 45(d) of the specific relief act, 1877, here in article 226(3) the other remedy means a specific remedy provided as such by law. this view finds it support from the full bench decision in the case of abad cotton manufacturing company v. union ..... this court in the case of nanilal roy v. satyenda : air1952cal1 , where in interpreting the term ' another specific and adequate legal remedy' in section 45(d) of the specific relief act, 1877, this court held that the term ' specific legal remedy ' means only a remedy which would give a person the specific relief and may as well include a suit of a civil nature. in the case of commissioner of ..... such redress is provided for by or under any other law for the time being in force '. in enacting the sub-clause, the parliament did not use the term ' legal remedies' as in specific relief act, 1877, but specific emphasis is laid on the fact that a remedy for such redress is to be provided by or under the law. it follows, therefore, that the other ..... remedy in this sub-clause necessarily means a specific remedy provided as such by law and does not include general remedies by way of a suit or by way of moving the supreme court to .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1991KAR254; 1990(3)KarLJ437
..... is laid down in paras 4 and 5 of the judgment on the reasoning that section 41(b) of the specific relief act bars such a remedy and it would be contrary to the decision in mohammed hashim's case.section 41 of the specific relief act is a restrictive provision. it imposes restriction or limitation on the jurisdiction of a civil court. therefore, it has to ..... suit and pass an appropriate interim order of temporary injunction and ultimately pass a decree as prayed for. such a suit is not hit by section 41(b) of the specific relief act. it may be relevant to notice that what section 41(b) states is that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in ..... peaceful possession and enjoyment of the suit property. hiremath, j, relying upon the decision in mohammed hashim's case and also on the provisions of section 41(b) of the specific relief act, 1963, held that the order of temporary injunction passed by the court below was without jurisdiction. a temporary injunction in the said suit was passed restraining the 1st defendant from ..... be interpreted very strictly and not liberally. in interpreting section 41 of the specific relief act, care should be taken to ensure that the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1974All1b
..... was that the jurisdiction of the high court even under article 226 of the constitution was restricted by section 21(b) of the specific relief act and the remedy of the teacher, if any was to claim damages by suit for wrongful termination of employment and not through a petition for writ ..... servant who is wrongfully dismissed may be reinstated. this is a special provision under industrial law. this relief is a departure from the reliefs available under the indian contract act and the specific relief act which do not provide for reinstatement of a servant.'the third category of cases of master and servant ..... service. the defence of the management, among others, was that the suit was not maintainable in view of section 21 (b) of the specific relief act. the trial court dismissed the suit on the ground that the appointment of the principal was not under a written contract, as required by section ..... the remedy of an employee in such an event will only sound in damages. a declaration of unlawful termination and restoration to service in such a case of contract of employment amounts to enforcement of contract of personal service and is not permissible under the provisions of the specific relief act.(3) ..... thus, in this case also, the question of law for determination is whether section 21(b) of the specific relief act would bar the petition under article .....Tag this Judgment!