Specific Relief Act 1963

Sanjay Shivashankar Chitkote vs Bhanudas Dadarao Bokade (D) – S 28 Specific Relief Act

December 15, 2023 / By

Specific Relief Act, 1963;  Section 28- The application seeking rescission of the decree of specific performance or an application seeking further period for the payment of purchase money or other sum which the court has ordered the judgment debtor to pay in a decree in a suit for specific performance should be filed “in the …

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Temporary Injunction In Suit For Specific Performance

December 31, 2022 / By

The Supreme Court in Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP Ltd., (2020) 5 SCC 410 observed: The grant of relief in a suit for specific performance is itself a discretionary remedy. A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong prima­facie case on basis of …

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S 34 Specific Relief Act – Civil Suit For Declaration Of Civil Death Of A Person

December 30, 2022 / By

Can a person file a civil suit seeking a declaration that his father is no more invoking Section 108 of the Indian Evidence Act? Section 108 is about the burden of proving that person is alive who has not been heard of for seven years. The provision reads as follows: [Provided that when] the question is …

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S 20C Specific Relief Act – Suits To Be Disposed Within 12+6 Months

December 30, 2022 / By

Section 20C of Specific Relief Act (inserted by 2018 amendment) deals with expeditious disposal of suits, and the same reads as follows: Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court within a period of …

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