Specific Relief Act, 1963, Section 20, 12, 14, 15, 16, 19 -- Suit for specific performance - Defences thereto - Can be many - Executant of agreement may deny execution or allege fraud and misrepresentation vitiating such execution - In addition to this other grounds as per Ss.12, 14, 15, 16 and 19 of the Act are also available - Subsequent purchasers may also take such..........
Specific Relief Act, 1963, Section 15(b) -- Specific performance - Suit by assignee of agreement - Suit is maintainable unless such transfer is prohibited by terms of agreement or when suit falls within any of the categories mentioned under S.15(b) proviso of the Act...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Suit for specific performance by assignee of agreement - Readiness and willingness is that of the assignee and not that of person who assigned the agreement...........
Constitution of India, 1950, Article 226, Specific Relief Act, 1963, Section 14 -- LPG retail outlet - Cancellation - Allegation of malpractice - Sale of petroleum products is a commercial transaction and it does not involve public law function which may entitle petitioner to invoke writ jurisdiction - Dealers of petroleum products are bound to comply with conditions..........
Specific Relief Act, 1963, Section 31, Civil Procedure Code, 1908, Section 9 -- Sale deed and Will - Challenged as void - Civil Court has jurisdiction to try the suit...........
Specific Relief Act, 1963, Section 34 -- Protection to financiers - Seeking declaration that Bombay Money Lender`s Act is not applicable - Financiers/members of petitioner carrying on business of money lending under hire purchase basis of motor vehicles - Complaint that financiers were not possessing money lending license - Challenge against complaint on ground of..........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Pleading and statement on oath as to ready and willing to perform his part of contract is sufficient to infer that plaintiff was ready and willing to perform his part of contract...........
Specific Relief Act, 1963, Section 14 -- Continuance in service - Relief of - Amounts to enforcing the contract of personal service - Specifically barred - Such a suit should not be allowed to continue and to go for a trial and should be thrown out at the treshhold...........
Specific Relief Act, 1963, Section 22 -- Suit for specific performance - Possession - Relief of possession is inherent in the relief of specific performance - In cases where possession is parted with subsequent to such contract or agreement for sale, plaintiff must seek the relief of possession...........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 22 -- Suit for specific performance and possession of agreement for sale - In case property is in possession of a third party then that third party is a necessary and proper party...........
