Specific Relief Act, 1963, Section 27 -- Rescission of contract - Proceeding u/s 27 of the Act is an original proceeding only and not by way of an application in a suit for specific performance which has already been decreed in favour of plaintiff, as same uses expression `adjudged by the Court'...........
Specific Relief Act, 1963, Section 27, 28 -- Rescission of contract - Difference between S.27 and S.28 of the Act - S.27 of the Act, while providing for rescission of contracts, does not permit rescission post decree for specific performance - Rescission post decree for specific performance is permitted only u/s 28 of the Act, but at the instance only of vendor/seller or..........
Specific Relief Act, 1963, Section 27, 28 -- Rescission of contract - Applicability of S.27 of the Act - Contract, decree for specific performance has already been passed, cannot be said to be voidable or terminable or unlawful - Question of applicability of S.27 of the Act does not arise...........
Specific Relief Act, 1963, Section 34, 38, Delhi Rent Control Act, 1958, Section 27, 50 -- Suit for possession and injunction - Protected tenant - Defendant pleaded that suit barred u/s 50 of Delhi Rent Control Act - In suit for eviction filed by plaintiff, defendant never represented estate of deceased tenant - In injunction proceedings initiated by defendant against..........
Contract Act, 1872, Section 27, Specific Relief Act, 1963, Section 42 -- Injunction - Restraint of trade - Injunction sought by appellant was not to restrain respondent from carrying on trade or business but from using Trade Mark which was subject matter of dispute - Held, provisions of S.27 of the Indian Contract Act, 1872 would not be attracted to the facts in this case...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Contract Act, 1872, Section 27, Specific Relief Act, 1963, Section 42 -- Contract of service - Negative stipulation - As per terms of employment employee was not to disclose trade secrets to others and not to compete with employer for a period of five years after expiry of term of service - Employee resigning voluntarily..........
Specific Relief Act, 1963, Section 27 -- Agreement to sell - Suit for declaration for rescission of contract as defendant did not turn up on stipulated time - Suit is maintainable since plaintiff has right to rescind agreement on failure of defendant to fulfil his part of agreement...........
Specific Relief Act, 1963, Section 27 -- Rescission of contract - Suit for declaration - In such a suit relief of possession can be granted as, such a relief is a consequential relief...........
Specific Relief Act, 1963, Section 27, 31 -- Sale deed - Suit for cancellation - Conduct of plaintiff found blame worthy between the date of presentation of sale deed for registration and date of filing of the suit including the exchange of correspondence - ITC necessary for registration not produced - Did not honour the agreement embodied in the letter dt.12.8.1971 -..........
Specific Relief Act, 1963, Section 27, 31 -- Sale deed - Suit for cancellation - Conduct of defendant found blame worthy in not paying the balance sale consideration to plaintiff - Used the property to the best of their advantage - Defendant agreed to pay Rs.40 lacs in lump sum within six months to plaintiff - Appeal allowed - Suit dismissed with direction to pay Rs.40..........
