Search Results Page

Search Results

1 - 2 of 2 (0.35 seconds)
Sentinel Properties Private Limited vs Legal Heir Of Deceased Atul Dhirajlal ... on 13 September, 2024 cites

Reliance Infrastructure Ltd. vs State Of Goa on 10 May, 2023

66. The law pertaining to the scope of challenge to the arbitral award under Section 34 and and the scope of appeal under Section 37 of the Arbitration Act' 1996 is fairly well settled in a recent decision of the Apex Court in Reliance Infrastructure Ltd. (supra) cited by the learned Senior counsel for the appellant, wherein the Apex Court has reiterated the principles enunciated in some of its relevant previous decisions on the issue. Relevant operative paragraphs 26, 27, 28, 28, 29, 30 and 31 are to be extracted hereinunder :-
Supreme Court of India Cites 38 - Cited by 15 - D Maheshwari - Full Document

Deceased Shaikh Ismailbhai ... vs Vankar Ambalal Dhanabhai on 24 April, 2023

86. The conclusion drawn by the court under Section 34 about the transaction being hit by Section 63 and as Page 81 of 94 Uploaded by BIJOY B. PILLAI(HC00202) on Tue Sep 17 2024 Downloaded on : Tue Sep 17 20:59:44 IST 2024 NEUTRAL CITATION C/FA/1639/2023 CAV JUDGMENT DATED: 13/09/2024 undefined such incapable of being specifically enforced are, thus, in ignorance of the law laid down by this Court in a catena of decisions about the impact of Section 63 of the Gujarat Tenancy Act, beginning from Govindbhai Gordhanbhai Patel (supra) and the Full bench judgment in Shaikh Ismailbhai (supra) clarifying the legal position about the scheme of Section 43 and Section 63 of the Gujarat Tenancy Act. It cannot be said that since the agreements to sell were executed in favour of a non-agriculturist, no conditional decree for specific performance of the agreement could be passed by the learned arbitrator, inasmuch as, the agreements being invalid are in their nature determinable, cannot be enforced in view of Section 14(1)(d) of the Specific Relief Act.
Supreme Court - Daily Orders Cites 0 - Cited by 0 - Full Document
1