Gagan Souri
15 September 2011 at 23:48
Friends,
Notice U/s 28 of CPA can be send thru fax to the service provider, by the aggrieved party.
Anonymous
15 September 2011 at 23:39
My unmarried sister died leaving her property to my wife. The property is registered jointly in the name of my mother who died long ago & in my sister's name.Now my elder brother says that the property is ancestral & my sister who died cannot make a will and the property is to be shared equally between us. Is this true ?
Anonymous
15 September 2011 at 23:32
need citation which clearly says that
Suit for specific performance is to be decreed, if agreement to sell has been proved in the court
OR
suit for specific performance is always to be decreed
OR
Courts have no discretionary power to refuse relief where plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance.
OR
Where suits for specific performance had been decreed.
Thanks
******************************************
DEFINITION:-
Section 20 in The Specific Relief Act, 1963
20. Discretion as to decreeing specific performance.-
(1) The jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not
arbitary but sound and reasonable, guided by judicial principles and capable of correction by a court of appeal.
(2) The following are cases in which the court may properly exercise discretion not to decree specific performance-
(a) where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the contract, though not voidable, gives the plaintiff an unfair advantage over the defendant; or
(b) where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non- performance would involve no such hardship on the plaintiff;
(c) where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance.
Explanation 1.- Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b).
Explanation 2.- The question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract.
(3) The court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance.
(4) The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party.
Umesh
15 September 2011 at 20:28
Dear All
Can I have citation that district consumer forum can rectify mistake apparent on the face of record?
Anonymous
15 September 2011 at 20:03
Dear Friends of the Forum,
In a case,My Father had compromised , through his GPA holder( Without his knowledge- Please believe me this a fact) in case in AP High Court in the year 1999. now both of them have died ( My father had died in 2009, the GPA holder died in 2003). The property has come to me through WILL from my father.And this is shocking to me. Is there any chance/ possibility to challenge this at this belated date. Please guide me.
I am Thankfull to you ALL, if you kindly show me a QUICK solution to this !
Anonymous
15 September 2011 at 19:19
Dear Experts of the forum,
The original letter addressed to Tehsildar( Revenue)is not traceable,but i got a Xerox copy of the same from Revenue Divisional Office under RTI Act,.Can i use this as an evidence in the CIVIL COURT?
Thanking you ALL.
Anil Kumar Ahuja
15 September 2011 at 19:17
does a lok adalat have a right to recall or review its own award? plz refer provision and case law on this issue. thanks. AkAhuja
Anonymous
15 September 2011 at 17:41
Where we can get the definition of the Word Geni. What is the difference between Chala Geni & Mula Geni (this words are used in South Kanara) Whether the Chala Geni word is referred for Agricultural Land? any SC or HC citation is there?
Anonymous
15 September 2011 at 17:38
time limitation for filling review petition against SC order.
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Consumer complaint through post[speed/regd]?
Ld Experts,
Filing of Consumer Complaint U/s12
through post[speed/regd]? in
Andhra Pradesh is applicable.
If so,
do a notice will be served to complainant for first hearing.