Showing : 1-10 of 18 Results

BOMBAY HIGH COURT
Year of decision: 2018
Details
Protection of Women From Domestic Violence Act, 2005, Section 12, 20, 26, Specific Relief Act, 1963, Section 34, 37, 38, 39-- Application u/s 12(1) of Act of 2005 in pending proceedings under Specific Relief Act - Petition by wife u/ss 34, 37, 38, 39 SRA seeking restraint order against husband from removing son from the custody of wife - Application u/s 12(1) can be entertained in pending proceedings under Specific..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification - Mutual mistake can creep in only when the agreement in written form does not expressly state the meeting of minds of contracting party...........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification of decree - By incorporating boundaries and extent of property agreed to be conveyed - Where property is not described with reference to boundaries at all in suit agreement and only extent is specified, there is no scope for any ambiguity in the identification of property covered by..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - Condition precedent for claiming rectification is the existence of a valid and complete contract - There can be no rectification where there is no prior agreement with reference to which the rectification has to be done...........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - An assignment deed cannot be rectified without pleading and proving fraud or mutual mistake of parties - Merely on proving the boundaries in a suit of this nature, a plaintiff cannot succeed without satisfying the essential legal requirements - Absence of material..........
KERALA HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 26-- Usage "mutual mistake of the parties" occurring in S.26 of Act is synonymous with "common mistake" as commonly understood under English Law...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Specific Relief Act, 1963, Section 26-- Rectification - Provision is applicable only where it is pleaded and proved that through fraud or mutual mistake of the parties, the real intention of the parties is not expressed in relation to an instrument - Such rectification is permissible only by the parties to the instrument and by none..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - Mutual mistake on the part of both the parties - Trial Court ought to have exercised its power under S.26 of the Act to declare accordingly...........
BOMBAY HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - Suit for specific performance - It is permissible even in a suit for specific performance to claim relief of rectification of the instrument...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Specific Relief Act, 1963, Section 26-- Rectification of instrument - Relief of rectification can be claimed where it is through fraud or a mutual mistake of the parties that real intention of the parties is not expressed in relation to an instrument - Even then the party claiming will have to make specific pleadings and claim an issue..........

Showing : 1-10 of 18 Results