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1 - 5 of 5 (0.27 seconds)Maria Margadia Sequeria Fernandes & Ors vs Erasmo Jack De Sequeria (D) Tr.Lrs.& Ors on 21 March, 2012
In this connection, in 2012 5 SCC 370 (Maria Margarida Sequeira Fernandes and others Vs. Erasmo jack detenue Sequeira (Dead) by LRs) it had been held as follows:-
Mrs. Shoba Viswanatha vs D.P. Kingsley on 26 April, 1996
In 1996 1 CTC 620 (Shoba Viswanathan Vs. D.P.Kingsley) in an Original Side Appeal, the Division Bench of this court, while considering a suit for specific performance, had observed that in an agreement of sale entered into with a non citizen and when it is transpired that permission had not been obtained from the Reserve Bank of India for sale, the relief for specific performance was discretionary and further since the purpose of the Foreign Exchange Regulations Act, which was prevalent at that point of time, was to ensure economic health of the Nation, the Court has to take into consideration the statutory rights of the Reserve Bank of India and national interest and finally held that enforcement of a contract against the provisions of law will amount to enforcement of illegal contract. On those grounds, the Division Bench of this court had negatived the claim seeking specific performance of the said agreement.
The Foreign Exchange Regulation Act, 1973
Section 6 in The Specific Relief Act, 1963 [Entire Act]
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