CiteTEXT
...Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel, (2001) 5 SCC 101 and ...from special stipulations, are determinable at the option or pleasure of the party against whom the relief is sought.5. In the case of Her Highness Maharani Shantidevi v. Savjibhai Haribhai...clause 20 of the first agreement and clause 17 of the second agreement are wholly different from clause 17 of the agreement in the case of Her Highness Maharani Shantidevi (supra). It would be pertinent...
...Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel (2001) 5 SCC 101. Before us, it has also been not only reiterated tha...v. Syed Abdul Razack AIR 1997 AP 103, (1996) 4 An LT 999 and Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai...Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel (2001) 5 SCC 101 this Court had occasion to deal with the scope of...
...Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel (2001) 5 SCC 101 before a three-Judge Bench of which two of us (Bharuc...was left open to be decided in an appropriate case. In Shantidevi Gaikwad case (2001) 5 SCC 101 it was, however, observed that Atia Begum case (1993) 2 SCC 546 did not hold that planning and...-1976 will freeze and also that the definition of “master plan” does not contemplate a “static master plan”. On the facts of Shantidevi Gaikwad case (2001) 5 SCC 101 it was concluded that the High Court...
...Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel and Others (AIR 2001 SC 1462) followed by another decision of this Court in...
4
settlement in view of the legal position settled by the Apex Court in Her...
...performance and the doctrine of comparative hardship, has been statutorily recognized in India.20. In Her Highness Maharani ...favour of Angammal, pursuant to the decision by the Panchayat, in token of having received a sum of Rs 1200-2-0 and textile goods worth Rs 278-4-0 from Angammal, which she received from her late husband...and agreed to execute a settlement deed in her favour. Alagirisami agreed to pay interest of Rs 60 per year to Angammal, failing which the above amount of Rs 1478-6-0 would be returned as and when...
...Supp. (4) SCC 542 and also or the observations made in Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhaai...
...in Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel and Others [2001 KHC 1100...
...learned Counsel for the Appellant on Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel, (2001) 5 SCC 101, paragraph 26...
...that in similar circumstances the Hon'ble Apex Court has made the observations in a judgment in the case of Her Highness Maharani Shantidevi P. ...reference can be made to the observations made in the judgment reported in Her Highness Maharani Shantidevi P. Gaikwad (supra) which has been pointedly referred to by learned Sr. Counsel Shri Soparkar...
...; A.C Arulappan v. Ahalya Naik (Smt)., AIR 2001, SC 2783; Her Highness Maharani ...prayed for by the plaintiff in the suit.19. Ratio of law laid down by the Apex Court in Parakunnan Veetill Joseph's Son Mathew (supra), A.C Arulappan (supra), Her Highness Maharani Shantidevi P. ...widow and she has only one female child. It is also not in dispute that Sh. Gurdial and Sh. Anup Ram are her real brothers.5. It is the plaintiff's claim that vide agreement dated...
...settled vide (Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel)3, reported in...said Idalina alias Ida Fernandes. The widow of Pedro Camilo Fernandes namely Maria Luzia Trinidade Isabel executed a gift deed on 16th August, 1976 in favour of her grandaughter Ms. Idalina alias Ida...reserving to herself the lifetime usufruct of the disposable share in the gifted properties. The gift was stated to be on account of her disposable share (cota disponivel) and enumerated five different...
..., Amritsar versus Hartford Fire Insurance Co., Limited, AIR 1965 SC 1288, Her Highness Maharani Shantidevi P. Gaikwad versus...
..., (1987) Supp1 SCC 340 : AIR 1987 SC 2328, Her Highness Maharani Shantidevi P. Gaikwad v...
...Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel ((2001) 5 SCC 101...
...performance, even if it is found to be lawful to do so. The legal position was settled by the Apex Court in Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel and...
...the observations made in Her highness Maharani Shantidevi P. Gaikwad v. Savjibhaai Haribhai Patel, 2001 (2) RCR (Civil) 536...
...and Ors., reported in (1991) 1 SCC 533. Another decision of the Apex Court in the case of Her Highness Maharani Shantidevi P. Gaikwad v...
...[1996 (9) SCC 633] and in the case between Her Highness Maharani Shantidevi P. ...Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel and others (...
...placed on the decision of the Apex Court in the case of Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel reported in...Highness Maharani Shantidevi P. Gaikwad (supra) that the Court shall not grant decree of specific performance if it were to involve continuous supervision is concerned, that aspect can be answered at...Section 14(3)(c) is not fulfilled. That would militate against the Petitioners. Insofar as the argument advanced relying on the decision of the Apex Court in the case of Her...
...Her Highness Maharani Shantidevi P. Gaikwad v. Savjibhai Haribhai Patel & Ors., JT 2001 (4) SC 43. The relevant extract of the judgment is as under...