Court : Chennai
Reported in : (1993)2MLJ7
..... use of the words 'unless and until the contrary is proved' in the explanation to section 10 of the specific relief act, 1963. the court pointed out that the jurisdiction of the court to decree specific relief is discretionary and must be exercised on sound and reasonable grounds 'guided by judicial principles and capable of correction by ..... fixing a sum even as liquidated damages. it was further held that in each case the court has to determine on the facts and circumstances whether specific performace of contract ought to be granted. the relevant discussion is found in the following passage:from what has been said it will be gathered that ..... in her written statement. it is also stated by her that p.w.1 told her that no promissory note was written as the agricultural debt relief act was in force. that version is also not staled either in the reply notice or in her written statement thus it is seen that the ..... has been brought to the not the of the court either in the pleadings or in the evidence to show that equity favours the defendant and relief of specific performance should be denied. the defendant has stated in the evidence that the property was worth much more than rs. 1,01,000 at the ..... for the appellants that the defendant is barred from raising such a plea by section 92 of the indian evidence act.6. hence the only question to be considered is whether the relief of specific performance should hot be granted to the plaintiff. the normal rule is that once the truth of the agreement .....Tag this Judgment!
Court : Chennai
Reported in : AIR1976Mad70; (1976)1MLJ96
..... , as against the brother who took the settlement and that the brother who took the settlement was a transferee within the meaning of section 27(b) of the specific relief act, 1877. on facts, this case seems to be nearer to the one under our consideration. but the question is whether a coparcener allottee at a partition of a particular property ..... samadhi thottam the consideration was not only inadequate, but grossoly inadequate which attracted the provisions of section 28 of the old specific relief act.3. specific performance of an agreement to sell immoveable property is not invariably ordered as a matter of right. the relief is discretionary; but the discretion being a judicial one, it has to be exercised neither arbitrarily nor unreasonably, but according ..... dismissed it.2. two questions, which arise for our decision, are:1 whether the agreements aforesaid were for grossly inadequate consideration, so that specific performance of the agreements should not be ordered in view of section 28 of the specific relief act, 1877; and,2. if that question were answered in favour of the appellants, whether they could still succeed in the light of ..... the fairness of the agreement, it is a case of gross inadequacy of consideration. it is not any inadequacy of consideration that will help a defence in a suit for specific performace but when the inadequacy is unconscionable or is so patently unjust that it savours by itself of fraud or that it amounts to that when it is taken in conjunction .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... of public duties, not just statutory duties, and this is settled law in india for the purposes of article 226. the law was initially enacted in section 45 of the specific relief act, 1877. article 226 is much wider than the english law of writs and reaches any person or entity that is performing public duties. zee telefilms is a constitution bench authority ..... is purely contractual in nature without any statutory flavour and the functions performed by the private entity cannot be termed as public functions as the statement of objects and reasons specifically provides that the private entity has to have operational and managerial independence. it is further submitted that the concept of public function militates with that of the operational and ..... closely related to governmental functions as the airport is a conglomerate of various sovereign functions such as customs, immigration, etc. which are intertwined with functions of public importance. vi) specifically, the powers and the functions of the airport authority of india, which is a statutory corporation and a department of government in the wider sense is transferred by and under ..... of omda as also the state support agreement and the provisions of the act. then the learned counsel submits that section 12 of the act delineates the functions of the authority and under section 12(3) thereof, the specific functions of aai have been mentioned. section 12-a(1), introduced by act 43 of 2003 , begins with a non-obstante clause and empowers .....Tag this Judgment!
Court : Chennai
Reported in : AIR1964Mad335; (1963)IILLJ304Mad
..... transacted by the bank. i hold, therefore, that the state bank is a public authority, a corporation within the meaning of section 45 of the specific relief act and an authority within the meaning of article 226 of the constitution. but whether and to what extent it is subject to judicial control or interference with ..... 226.in the matter of g. a. natesan, in re, ilr 40 mad 125 : air 1918 mad 763 a case under section 45 of the specific relief act, a division bench of this court issued a rule against the syndicate of the madras university on the view that 'the syndicate is a statutory body of ..... central government. i do not see why the petition for the issue of a writ does not lie. section 45 of the specific relief act in terms lays down that an order can be made under that section against a corporation when the doing or forbearing of any ..... case involving an arbitration award which the supreme court quashed on the ground that a contract of personal service was not capable of an order for specific performance.narayanaswami naidu v. krishnamurthi : air1958mad343 was concerned with the question whether a public corporation like the life insurance corporation of india was a department ..... sanction of the central government and the need to conform to the provisions of the act and the rules made thereunder would1 seem to indicate that the regulations are not meant to cover terms and conditions of service. the specific power to make rules is in section 49 conferred' upon the central government and .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(4)ALD159; 2000(2)ALT341
..... decision reported in p. venkateswarlu v. a. venkateswara rao, 1988 (1) aplj 39, wherein this court had an occasion to consider section 6(4) of the specific relief act, which reads as under:'specific relief act. 1963, section 6 sub-section (4) - person in possession of property is entitled to seek temporary injunction pending suit for titleirrespective of a decree obtained by the ..... sarathy, learned counsel for the appellant submitted that the learned judge was not justified in dismissing the application particularly in view of section 6(4) of the specific relief act. section 6 of the specific relief act reads as follows:'6. suit by person dispossessed of immoveable property: (1) if any person is dispossessed without his consent of immovcable property otherwise than in ..... court also held that the person in possession of property is entitled to seek temporary injunction pending suit for title irrespective of a decree obtained by the opposite party under specific relief act. in the present case, the appellant/plaintiff averred in the plaint that she is in possession from the date of purchase, under ex.al, from the second ..... to him to establish his title in a regular suit and to recover back possession.'in gopalacharyula's case (supra), the division bench of this court has observed as follows:'specific relief act, (1877), section 42 - suit for declaration of right to remain in possession - defendant if can be restrained from taking proceedings to recover possession - cpc, order 39, rules .....Tag this Judgment!
Court : Kolkata
Reported in : (2004)1CALLT117(HC),2004(2)CHN357
..... further contended that the entire amount was deposited in court at the time of execution of the document which would show that the respondent had money. section 16 of the specific relief act was relied on in this regard. explanation of the said section provides for actual tender of the money, if so directed by the court. there was no proper issue framed ..... to perform his obligation.26. from the first three judgments referred to (supra) the proposition of law evolves that proof of readiness and willingness is condition precedent in granting relief for specific performance. in the fourth case the apex court considered the factum of tendering the entire consideration in court as a proof of readiness and willingness. in the instant case the ..... were not proved. for all practical purposes it was an ex parte hearing. assuming that the plaintiff did not prove his readiness and willingness, can the decree for specific performance being a discretionary relief be refused in the facts and circumstances? the answer is 'no' in view of the conduct of the parties as discussued herebefore.30. defendant being the owner of ..... and ors.) : it was held by the apex court in this case that the continuous readiness and willingness on the part of the plaintiff is a condition president to grant relief of specific performance.(ii) 0065/1991 : air1991cal327 (p.g. sinha v. commodore k.c. chatterjee and ors.) the division bench of this court held that in a suit for .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1952All520
..... whatever may be his position in it. collectively they are a department the whole includes a part. i am, therefore, inclined to think that in clause (d) of section 56 specific relief act, where the word ''department' has been used, it means not only the department as a whole, but includes also the individual members of the department. this difference of opinion, however ..... my mind whether or not individual officers of the government serving in a department are included or not within the term 'department' as used in clause (d) of section 56, specific relief act. if a 'department' is a unit or branch of administration of the government under the political control of a minister, not only the minister but all those who are working ..... krishna v. shyam narain a. i. r. (20) 1940 gal. 30 at p. 31. (i do not see how it can be said that sub-section (d) of section 56, specific relief act has conferred upon the district magistrate the position or the status of a department. the district magistrate is the persona designate who can exercise the powers in question under the ..... . it was contended by learned counsel for the state that the suit as framed was misconceived for a permanent injunction cannot be issued under sub-section (d) of section 36, specific relief act which is to the following effect: 'an injunction cannot be granted. .... (d) to interfere with the public duties of any department of the central government, the crown representative ofany provincial .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1967All484
..... dependent on the volition of the parties cannot specifically be enforced (i have omitted the other parts of the clause which are not material) counsel ..... for ejectment fails.7. in the appeal from the decree for specific performance (s. a. no. 1566 of 59) mr. gopi nath argued that khayali ram's suit should have been dismissed in view of clause (b) of section 21 of the specific relief act. this clause enjoins in effect that a contract which is ..... and he performs this part and then refuses to perform the remaining part which does not depend upon his volition, he cannot resist a suit for specific performance of the remaining part on the ground that the agreement, on the date when it was made, depended partly on his volition. if he ..... (1928) 108 ind. cas. 390(lah).4. this argument overlooks the difference between a transfer and an agreement to transfer. transfer can only be of specific property which is in existence, but an agreement to transfer can be of future properly. this distinction is well known to the law governing the sale of ..... appellants' suit. they have come here in second appeal (s. a. 1515 of 1959) in the other suit, the plaintiff khayali ram asked for specific performance of his agreement. moti ram and devi ram resisted the suit and contended that they were bona fide transferees for value. the pleadings of the parties .....Tag this Judgment!
Court : Chennai
Reported in : AIR1961Mad450
..... air 1936 pc 269). in that case one of the points raised before the judicial committee was whether an application under section 45 of the specific relief act will lie against the commissioner of income-tax for refund of tax amounts alleged to have been collected by him under an invalid order of ..... discussion :"it is argued by the advocate general that the definition in the civil procedure code affords a valuable guide in construing section 45 of the specific relief act and that one important test would be whether the person holding a public office receives any emoluments. reference was also made to henley v. ..... the syndicate of the madras university was a statutory body of persons holding a "public office" within the meaning of section 45 of the specific relief act though no emoluments were attached to that office. "where a statute appoints a body of persons to carry out purposes of public benefit the ..... legally liable to perform. neither the civil procedure code nor the indian penal code are in pari materia with the specific relief act and i do not think the definition there given for certain specific purposes in connection with the provisions of those codes can be taken as a general and authoritative definition of ..... as regards the refund of tax paid under an invalid assessment is the question raised by clause (g) of section45 of the specific relief act. this their lordships do not find it necessary in the present case to decide .... ....."the learned advocate-general laid stress upon .....Tag this Judgment!
Court : Kerala
Reported in : AIR2000Ker17
..... the offer itself is a true concluded contract so that it can be enforced.5. it is a statutory requirement in terms of section 16(c) of the specific relief act that a plaintiff seeking specific performance of the agreement shall aver and prove that he has performed his part of the contract and he is willing to performs or he is ready and ..... is proved by deposit of the balance consideration in the court. therefore, the contention raised with reference to section 16(c) of the specific relief act, cannot be sustained.8. it is contended further that as the decree of the specific performance is a decree granted in equity, taking into account the lapse of time and exorbitant rise in price of land, at this ..... be granted in the absence of averment regarding readiness and willingness of the plaintiff in terms of section 16(c) of the specific relief act? can a decree for specific performance be granted, when there is much disparity in price due to lapse of time? these are the substantial questions of law formulated in this appeal. can an agreement for ..... city like madras, where the property in question is situate. if merely because the prices have risen during the pendency of litigation, we were to deny the relief of specific performance if otherwise due, this relief could hardly be granted in any case, because by the time the litigation comes to an end a sufficiently long period is likely to elapse in most .....Tag this Judgment!