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Documents citing Vijaybhai Shambhubhai Patel vs Sushilaben Dayalbhai on 21 June, 2021

Sanjaybhai Raichandbhai Patel vs Decd. Shanaji Devaji Thakor Through ... on 2 April, 2024

153. We are in respectful agreement with the decision of the Division Bench in Naranbhai Kanjibhai Gajera (supra), holding that the Division Bench decision in Amarben (supra) can be said to be 'per incuriam' ignoring statutory provisions and in view of the decision of another Division Bench dated 21.06.2021 in Vijaybhai Shambhubhai Patel (supra), which was challenged in Special Leave to Appeal (Civil) No.5124 of 2022, and which has been dismissed vide judgment and order dated 10.11.20222 affirming the Division Bench judgment in Vijaybhai Shambhubhai Patel (supra).
Gujarat High Court Cites 13 - Cited by 0 - Full Document

Ashokbhai Ramcharan Shrivastava vs Dhaniben Mohammedbhai Chauhan on 1 August, 2024

This principle of law, as explained by the Supreme Court in Ram Karan (supra) fortifies the view taken by the learned Single Judge of this Court in the case of Hardik Harshadbhai Patel (supra). Keeping this principle in mind, I have arrived to the conclusion that the word "invalid" or the word "void", so far as the Section 43 of the Tenancy Act is concerned, would not make by difference. The true test is whether the transaction is unlawful, as opposed to the public policy. Whether such transaction would defeat the very object with which such restriction has been imposed in Section 43 Page 57 of 75 Downloaded on : Fri Aug 16 21:48:08 IST 2024 NEUTRAL CITATION C/FA/272/2024 JUDGMENT DATED: 01/08/2024 undefined of the Tenancy Act."
Gujarat High Court Cites 56 - Cited by 0 - B Vaishnav - Full Document

Sentinel Properties Private Limited vs Legal Heir Of Deceased Atul Dhirajlal ... on 13 September, 2024

In light of the above the submission of the learned Senior counsel appearing for the respondents on the findings of the Court under Section 34 that the judgment of the Division Bench of this Court in Vijaybhai Shambhubhai Patel vs. Sushilaben Dayalbhai in First Appeal No. 1556 of 2021, which is in respect of Section 43 of the Tenancy Act and wherein it has held that there could not be specific performance of agreement to sell, which was hit by Section 43 of the Tenancy Act would apply with equal force to the Agreements for Sale hit by Section 63 of the Tenancy Act, inasmuch as, both the Sections are almost pari materia, has no substance and is liable to be turned down.
Gujarat High Court Cites 70 - Cited by 0 - S Agarwal - Full Document

Naranbhai Kanjibhai Gajera vs Vinodbhai Shankarbhai Patel on 10 April, 2023

17. We have noticed that the entire issue of bar of section 43 has be reconsidered, subsequently by the Division Bench in the judgment dated 21.06.2021 passed in First Appeal No.1556 of Page 9 of 13 Downloaded on : Sun Sep 17 18:22:35 IST 2023 NEUTRAL CITATION C/FA/1268/2022 JUDGMENT DATED: 10/04/2023 undefined 2021 in the case of Vijaybhai Shambhubhai Patel (supra), wherein the Division Bench after considering the decision in the case of Gapatlal Manjibhai Khatri (supra) has observed thus : -
Gujarat High Court Cites 9 - Cited by 1 - A S Supehia - Full Document

Ilaben Wd/O Jitendrabhai Ambalal Dave vs Vinodbhai Babubhai Bhatt on 17 November, 2025

In view of the above discussion from all angles of the matter, we endorse the ratio of the decisions of this Court in Hasvantbhai Chhanubhai Dalal versus Adesinh Mansinh Raval and others; Ganpatlal Manjibhai Khatri Vs. Maguben Babaji Thakor ; Vijaybhai Shambhubhai Patel versus Sushilaben Dayalbhai Vijay versus Sushilaben Dayalbhai ;Hardikbhai Harshadbhai Patel Versus Amarsang Nathaji as himself and as Karat and Manager ; Naranbhai Kanjibhai Gajera versus Vinodbhai Shankarbhai Patel, wherein it has been held that the trial Court shall be right in rejecting the plaint under Order VII Rule 11 of the Code of Civil Procedure on the ground that the suit for specific performance based on illegal and invalid agreement for sale is not maintainable. The law laid down therein is a good law."
Gujarat High Court Cites 6 - Cited by 0 - Full Document
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