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...performance under Chapter II of the Specific Relief Act, 1877. A conjoint reading of Section ...Specific Relief Act, 1877.
10. In Gurbachan Singh's case (supra), the provisions of ...evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877...
...Specific Relief Act, 1877. A conjoint reading of Section 17(2)(v) and proviso to section 49 ...Relief Act, 1877.
10. In Gurbachan Singhs case (supra), the provisions of Section 17(2)(v) and proviso added to Section 49 of t...of the Specific Relief Act, 1877 (3 of 1877) or as evidence of any collateral transaction not ...
...a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877. A conjoint read...performance under Chapter II of the Specific Relief Act, 1877.10. In Gurbachan Singh's case (supra), the ...Specific Relief Act, 1877. As further held in Sukhwinder Kaur (supra), a conjoint reading of Section 17...
...the Court direct the specific performance by the defendant alone, of such a contract? In our opinion, having regard to Section 17, read with Sections 14, 15 and 16 of the ...plaintiff relies is not genuine, the plaintiff is not entitled to the equitable relief of specific performance because one to be entitled to such relief, must come to court with clean hands...the plaintiff entitled to get refund of the said sum of Rs. 3000? In this suit for specific performance, there is no prayer for any alternative relief. Therefore, the question arises whether in the...
...rights, and if the purchaser fails to make enquiry into the nature of that possession, he cannot claim to be a transferee without notice under Section 27(b) of the Specific Relief Act, ...contract within the meaning of exception in Section 19(b) of the Specific Relief Act, 1963.16. Similarly, in the case of Baburam Bag v. Madhab Cha...2 that the present case falls under Section 20(2)(b) of the Specific Relief Act, 1963; that in the present case, the family of Defendant 2 is in possession of the suit premises for the la...
...Shri N.C Roy urged only one point in support of the appeal, it being that Section 17 of the Specific Relief ...Specific Relief Act or in any other Act which forbids the parties concluding an agreement not conforming to the provisions ...plaintiff had claimed specific performance of a part of the agreement which was not permitted by Section 17 of the Act, the plaintiff may well have by further pleadings in the nature ...
... evidence of a contract in a suit for specific
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performance under Chapter II of the Specific Relief ...to be registered may be received as evidence of a contract in a suit for specific performance under Chapter -II of Specific Relief Act, 1877. As further held in Su...registered and the same is receivable in evidence in a suit for specific performance under Chapter II of the Specific Relief Act, 1877.
23. This...
...Specific Relief Act, 1877 (1 of 1877) or as evidence of any collateral transaction not required to be eff...memorandum dated 5-6-1975 have to be construed as relinquishment deeds. A relinquishment deed which is compulsorily registrable document under Section 17(1)(b) of the Registration Act.... Section 17 of the Registration Act, 1908“17. Documents of which registration is compulsory.—...
...money.”The law relating to specific performance of part of a contract was earlier dealt with in Sections 14 to 17 of the Specific Relief Act, ...it correct in law to apply sub-sections (2) to (4) of Section 12 of the Specific Relief Act? Can Ext. A1 agreement be construed as two different contracts for conveyance of the property i...Section 12 of Specific Relief Act. Section 12 lays down the general rule that courts do not enforce the partial p...
...Specific Relief Act, 1877. As further held in Sukhwinder Kaur (supra), a conjoint reading of Section 17...Section 17 (1A) of the Registration Act, 1908 and also not being duly stamped as per Article 23A of Schedule 1A of the Indian Stamp (Delhi Amendment) ..., was not only not admissible, but was liable to be impounded under Section 33 of the Indian Stamp Act, 1899 (for short ‘ISTA’)2. The plaintiffs have filed this suit of specific...
...Specific Relief Act, 1877. A conjoint reading of Section 17(2)(v) and proviso to section 49 ...Specific Relief Act, 1877. As further held in Sukhwinder Kaur (supra), a conjoint reading of Section 17(...53-A of the TPA or Section 17(1A) of the Act and does not require any registration. Such agreement to sell falls under the mischief of Section 17(2)(v) of the ...
...true nature of Section 15 of the Act 1877 and it appears to me that the section is exclusively neither the one nore the other but a combination of both the... (A.I.R. 1940 Patna 385) Fazal Ali, J. referring to Section 27A Specific Relief Act of 1877 stated that the .... The Trial Court erred in referring to Section 20 of the Specific Relief Act, 1963 ('Act' for short). It was further argued that in view of amendment to the Specific ...
...Section 15 of the Act of 1877 and it appears to me that the section is exclusively neither the one nor the other but a combination of both the substantive law and the procedural law. Simi...Section 27A Specific Relief Act of 1877 stated that the section “confers an active title on the lessee provided that the contract of lease was entered...with reference to Section 27(b) of the Act of 1877, as will be apparent from the lines that follow which are:“In our judgment the substantive law, the foundation for specific ...
...embodies all the provisions of Ss. 13 to 17 of the Specific Relief Act, 1877 which has been repealed by the enforcement of the new ...Day it was observed by Their Lordships of the Privy Council that Ss. 14 to 17 of Specific Relief of Act, 1877 constitute a complete code with...set out hereunder the provisions of S. 12 of the Specific Relief Act, 1963:“Section 12: Specific performance of part of contract:—(1) Exc...
...Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, ...also refer to Section 17 of the Registration Act, 1908 which makes registration of certain documents compulsory. Section 17 of the Registration Act, to the extent it is ...thus:“49. Effect of non-registration of documents required to be registered.—No document required by Section 17 or by any provision of the Transfer of Property ...
...shall be in the discretion of the court.”
17. Section 28 of the Act, 1963 is a corresponding provision of Section 35 (c) of the ...section 28 of the Specific Relief Act,1963.It reads as under:-
“28. Rescission in certain circumstances ...Specific Relief Act,1963 has been rejected by the court below.
2. The essential facts of the case are that the respondent No. 2 Kareshan entered into an agreement dated 21.7.2004 to...
...II of the Specific Relief Act 1877 or as an evidence of any collateral transaction not required to be affected b...Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrum...of Section 17 (1) of the Registration Act and as there is a specific proviso under Section 49 of the Act that an unregistered agreement can be...
...Registration Act or the Transfer of Property Act to be registered, may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific ...introduction of a specific provision relating to Agreement to Sell in Section 17(1)(g) of the Act, and in the absence of any amendment in Section 17(2) to include clause...received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877), *** or as evidence of any c...
...performance under Chapter II of the Specific Relief Act, 1877, [* * * *] or as evidence of any collateral transa...registration in view of section 17(1)(f) of the Registration Act, 1908 (For short, ‘1908 ...’) under the Madhya Pradesh Amendment Act, 2009 (in section 17 of the Act) which reads as under:17. Documents of which registration is compulsory. — (1) The following docum...
...Act, 1882 (IV of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief ...by taking this Court to Section 17 and 49 of Registration Act submitted that proviso to Section 49 of Registration Act can be pressed into service only in cases where the unregistered agr...affects immovable property and in the case on hand, the sale agreement is unregistered document. Therefore, by virtue of amended Section 17 of Registration Act, an unregistered agreement will not affect...