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1 - 10 of 14 (0.62 seconds)Section 9 in The Indian Contract Act, 1872 [Entire Act]
Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 16 in The Indian Contract Act, 1872 [Entire Act]
Section 176 in The Indian Contract Act, 1872 [Entire Act]
The Indian Contract Act, 1872
Section 38 in The Specific Relief Act, 1963 [Entire Act]
The Specific Relief Act, 1963
Ptc India Financial Services Ltd. vs Mr. Venkateshwarlu Kari on 12 May, 2022
In PTC (Supra), the Supreme Court has observed that courts would
not lightly grant injunction against the sale of pledged security by pawnee
on the allegation of non-compliance of Section 176. However, the court has
further observed that injunction under Section 38 of the Specific Relief Act,
may be warranted if compensation is not the adequate remedy against the
invasion of the rights of enjoyment of property by a person. Since Section
38 is guided by the provisions of Chapter II of Specific Relief Act
(hereafter, 'SRA'), the Court has further referred to Section 10 of SRA,
where the courts are mandated to enforce specific performance of contract
subject to Section 11, 14 and 16 of SRA. Section 16 states that specific
performance of contract cannot be enforced in favour of a person who fails
to prove that he has performed or has always been ready and willing to
perform the essential terms of the contract which are to be performed by
him.