section 34 of specific relief act deals with

When the contract has become impossible with no fault of the plaintiff, Section 21 enables the Court to award compensation in lieu of the specific performance. perpetual injunction. Section 34 of the Arbitration and Conciliation Act, 1996 (Act) sets out the grounds on which arbitral awards passed in domestic arbitrations and international commercial arbitrations seated in India can be set aside. “If a party to the document wants to annul the document, he has to file a suit under Section 31 of the Specific Relief Act before the competent Civil Court and if, third party wants to annul the document, he has to approach the competent Civil Court and seek relief under Section 34 of the Specific Relief Act.” Read more here… It is a Government company within the meaning of section 617 of the Companies Act, 1956. The SC heavily relied on Essar decision to conclude that order refusing to condone delay, and consequently dismissing an application to set aside award under section 34, has the effect of refusal to set aside arbitral award under section 34 of the Act. 28. Decree will be granted wherever relief is available under Sections 30, 31, 32,32 or 34. INSTRUCTIONS. Section 6 of Specific Relief Act on the other … Almost a decade ago, the Apex Court held in the case ofBooz Allen & Hamilton Inc. Agreement for sale: An agreement for sale of property was executed by defendant No. SPECIFIC RELIEF ACT, 1963. Samar Kumar Roy v. Jharna Bera (Civil Appeal No. Let us understand the provision relating to the declaration of decree as specified u/s 34 of Specific Relief Act. Section 24, of the Specific Relief Act_____? Section 40 provides for granting damages in lieu of or in addition to injunction. When the Specific Relief Act was re-enacted in 1963 in terms of the proposals of the Law Commission, Section 33 which provided for the relief of restitution on the cancellation of a contract contained provisions to cover both situations, namely, whether the person seeking relief is the plaintiff or the defendant. Section 48. Section 29 of the Charities Act 2011 deals with the register of charities, including its contents, which the Charity Commission will continue to maintain. 12. 34 of Specific Relief Act, 1963. The Apex Court held that Courts cannot modify or vary an arbitral award and has no power to do so. Whenever there is a breach of contract by either of the parties, who is a part of the contract, the remedy to the other party is available in two forms: 1. Equally, the discretion to refuse or grant specific While continuing in the same vein, the Bench then enunciates in para 3 that, The respondent, at that stage, on 04.01.2012 assailed the arbitral award dated 28.02.2011 by filling the petition under Section 34 of the Act 1996. In the case at hand, the plaintiff-petitioners instituted the suit under Section 34 of the Specific Relief Act seeking declaration that plaintiff No. As a corollary, such an order is appealable under section 37(1)(c) of the Act. 4. Section 16 – Personal bars to relief. Section 34 of the Arbitration and Conciliation Act, 1996 provides certain special powers to the courts or judiciary to interfere in the process of arbitration for setting aside the arbitral award given by the arbitration tribunal. 80. Short title 2. Under section 17 a contract cannot be specifically enforced in part except under situations provided for under sections 14, 15 & 16 of the said Act. The Court held that, therefore, declaration that the power-of-attorney was a nullity and cancellation of the same as such under section 31 of the Specific Relief Act, 1963 (47 of 1963) would be justified. The Specific Relief Act deals only with certain kinds of equitable reliefs and these are now: i) Recovery of possession of property ii) Specific Performance of contracts iii) Rectification of Instruments iv) Rescission of Contracts v) Cancellation of … Section 54 . Insofar as Section 34 of the Specific Relief Act is concerned, it is no doubt true that a person entitled to any right as to any property can seek declaration that he is so entitled to such right. Agreement was executed in favour of plaintiff, an Advocate and tenant in property in question. Court may require parties rescinding to do equity.—On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice may require. There is a right of way over the field of which A has direct personal knowledge but which he couceals from B. The provisions of law contained in Section 34 of the Act are specific. Executing Court was bound by the terms of the decree and could not add or alter the decree on its notion of fairness or justice. Section 26 – When instrument may be rectified. Under the Specific Relief Act, a suit for recovery of possession can be filed (a) only in respect of movable property (b) only in respect of immovable property 1, who was the sole executor appointed by his mother in Will. The very purpose of the proviso to Section 34 of the Act 1963, is to avoid the multiplicity of the proceedings, and also the loss of revenue of court fees. Answer: (c) 99. In this post, we analyse some of the questions and ambiguities that may arise in the applicability of Section 34(4) of the Arbitration Act. 47 OF 1963 [13th December, 1963.] An Act to define and amend the law relating to certain kinds of specific relief. Section 34, of the Specific Relief Act, deals with: A. As regards foreign awards (i.e. Section 23 – Liquidation of damages not a bar to specific performance. 9. Section 20 of the Specific Relief Act, 1963 Provides that: 1. Section 127 of the Transfer of Property Act, 1882 deals with Onerous Gifts. The Costal Regulation Zone Notification was issued by the Central Government a) 1986 b) 1988 c) 1991 d) 1997 98. Who is lawful guardian Mandatory injunctions are contemplated under section. In this session, educator Archna Ma'am will be discussing on Section 34 - Section 37 Specific Relief Act. Sections 36 to 42 of the Specific Relief Act, 1963 deals with the grant of an injunction. Principles of litigation C. Principles of rectification D. Non of These. According to the section when any person is entitled to – Any legal character, or Any right as to any property and ; that person is denied to that right by another person then that person who’s right is violated or who’s right is in question may sue that other person and seek an order of declaration from a civil court. arbitral awards passed in foreign seated arbitrations), whilst the same cannot be challenged in India, the enforcement of the same in India … Pecuniary compensation as compensation for the damages resulted from a breach of a contract. Section 34 of the Specific Relief Act states that “any person entitled to any legal character, or to any right as to any property, may institute a suit against any person This class of persons is different from the category of protected tenants who fall under Sections 34 and 37 respectively. Section 27 of The Specific Relief Act 1963 says that any party can ask for rescission in the court of law and may be adjudged by the court in the following cases where the contract is voidable or terminable by the plaintiff- The court can grant rescission if the contract is voidable and the formation of the contract was not according to law. thereby limiting courts’ discretion in decreeing specific performance of a contract, which shall now be granted subject only to sections 11(2), 14 or 16 of the Act.4 Erstwhile section 10 of the Act recognized performance of contract as a discretionary remedy, which could be granted by a court only when either: a. Section 169 of the Delhi Municipal Corporation Act, 1957 (hereinafter called "the DMC Act" for short) read with Section 41(h) of the Specific Relief Act, 1963; and (ii) under ...to be considered in appeal. Section 503, Cr.P.C empowers Court of Session and High Court with power to_____? Section 27 B. 1. Following types of Injunctions are granted by the Court. All these anomalies only highlight the impossibility of holding that an action … In that view of the matter, the finding of the High Court that the suit is merely for declaration and is not maintainable under Section 34 of the Specific Relief Act cannot be sustained. ... #specific relief act section 14; #specific relief … 31-10-2019).) Section 2 — Definitions. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follow:— PART I PRELIMINARY 1. Section 34 of the Specific Relief Act, 1963 Provides that: 1. Suresh vs State of UP case involved an appeal before the High Court against the judgment of Sessions Court. SPECIFIC RELIEF ACT 1950 Specific Relief 3 LAWS OF MALAYSIA Act 137 SPECIFIC RELIEF ACT 1950 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. The term “Review” means_____... Order_____ of C.P.C. The word ‘entitle’ means that the Plaintiff need not be having an absolute ownership, but anyone … Once you click on the 'NEXT ' button the actual test time will begin. Ans. A. The Specific Relief Act provides for the recovery of certain immovable property in a manner as provided under Civil Procedure Code, 1908. The High Court's reliance on a decision of this Court in Ram Saran (supra) is also not proper. 65. In this case, 98. As found by the fact­finding Courts. BCl-JUNE-18 97. Nor is there such a prohibition contained in the Arbitration and Conciliation Act, 1996 as contrasted with Section 15 of the English Arbitration Act, 1950 or section 48 (5) (b) of the English Arbitration Act, 1996 which contained a prohibition relating to specific performance of contracts concerning immovable property. This rule is embodied in section 17 of the Specific Relief Act. Section 5 states:-“5. MCQs: Section 31 to 34, of the Specific Relief Act, deals with ? Answer: (a) 21. Section 34 of the Specific Relief Act deals with circumstances under which a declaratory decree may be passed by the Court in favour of a person entitled to an existing legal character or a right as to a property that is being denied by a person or he’s interested to deny it. Cancellation of the very same deed, therefore, by a non-executant would be an action in personam since a suit has to be filed under section 34. Under section 20 not only the father but also the mother is legally bound to maintain her son or illegitimate son. Please read and understand the Test instructions so that you will be able to easily navigate through the Test; Fill up you details: Name , Email Id and Mobile Number correctly. Perpetual Injunctions ( Section 38) 3. 1 is not the heir of said Matangini Suklabaidya and such declaration, in my considered opinion, cannot be given by the … By such time there was delay of 185 days beyond the time period allowed under Section 34(3) of the Act 1996. regarding Section 34 of the Specific Relief Act, 1963, as it has been submitted that the remedy of declaration envisaged by the said provisions is not exhaustive, and that there can be a declaration Section 34 of the Special relief act of 1963 deals with the discretion of chords as to declaration of status or right. Temporary and Permanent Injunctions ( Sections 36 & 37) 2. In dealing with this issue, this Court needs to assess whether the benefit of Sections 5 and Section 14 of the Limitation Act can be extended to the respondent, and if so, whether a delay beyond the specific statutory limitation prescribed under Section 34(3) of the 1996 Act could be condoned. Delhi Metro Rail Corporation, the Court reiterated that it was impermissible to grant any relief under Section 9 of the Arbitration Act which would amount to granting specific performance of a contract which was otherwise barred under the principles enshrined under Section 14 (1) (c) and Section 41(e) of the Specific Relief Act ,1963 (‘SRA’). Section 10 of the Specific Relief Act, 1963 provides for (a) the contracts which can be specifically enforced (b) the contracts which cannot be specifically enforced (c) both (a) and (b) (d) neither (a) nor (b). Interpretation 3. Section 20C – Expeditious disposal of suits. A declaratory decree is a decree declaratory of a right which is doubtful or which requires to be cleared. Section 34(2) of the Act provides that an arbitral award may be set aside on certain basis. Sub section (a) of Section 34(2) of the Act, provides that a party is permitted to “furnish proof” of the grounds provided therein. A dies intestate before that day without having conveyed the land B? The firm has a pan India presence, catering to its clients across various fora in the country. 0. Section 34, of the Specific Relief Act, deals with ? The Commission has issued 13 sets of guidelines intended to provide clarification on how it proposes to apply and interpret the Competition Act.

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