fact as to whether
Section 22(2) of the SRA Act is to be construed
directory or mandatory in nature."
(Emphasis supplied
virtue of proviso to sub-
section 2 of Section 22 of the Act of 1963 clearly enables the
plaintiff to seek amendment of the plaint ... Specific Relief Act of 1963 (hereinafter "the SRA Act")
which provides that any person suing for the specific
performance of the contract
fact as to
whether Section 22(2) of the SRA Act is to
be construed directory or mandatory in
nature."
27. Admittedly, there
amendment available under
proviso to Section 22(2) of the Specific Relief Act, 1963, is
not available in the review proceedings. This view of ours ... fact as to whether Section 22(2) of the SRA Act is to
be construed directory or mandatory in nature."
8. In view
Supreme Court, while
interpreting Section 20 of Specific Relief Act, 1963 ('SRA' for
short) as amended by Act no.18 of 2018 held ... year 2018, was not retrospective, position of law
declared by it would act as guide for period prior to amendment.
38. In M. Narayanaswamy (supra
interest. It
was submitted Section 20-A of Specific Relief Act, 1963 ('SRA',
for short), specifically prohibited grant of injunction in relation
Section
42 of the erstwhile Specific Relief Act, 1877 to be pari
materia with Section 34 of SRA, 1963 observed that the
plaintiff ... proviso to Section 34 of
the Specific Relief Act, 1963 and, thus, not
maintainable. In Vinay Krishna v. Keshav
possession would fall foul of proviso to Section 34 of
Specific Relief Act, 1963, which reads as follows:
"34. Discretion of court ... Section 42 of the erstwhile Specific
Relief Act, 1877 to be pari materia with Section
34 of SRA, 1963 observed that the plaintiff
offence
under Section 138 of the N.I. Act.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA para Nos.1 and 2
PMP para
offence under the provisions of
Karnataka Police Act, 1963 (for short 'the KP Act, 1963 ');
therefore, the proceedings initiated against the
petitioners/accused ... Karnataka Police Act,
1963 are hereby quashed.
Sd/-
(HANCHATE SANJEEVKUMAR)
JUDGE
SRA /CT-AN
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