AI Overview...
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Application of New Act to Old Proceedings - The New Specific Relief Act, 2018, generally applies to pending cases unless specific provisions indicate otherwise. Sections like 48(4) suggest that proceedings initiated under the Old Act continue in the same court as if the New Act had not been enacted, preserving rights and liabilities Iag Company Ltd. VS Triveni Glass Ltd. - Calcutta, AMALA DAS VS UNITED PROGRESSIVE COMPANY LTD - Calcutta.
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Discretion of Courts - Courts have discretionary power under Section 22 of the New Act to amend pleadings at any stage, including claims for possession. This discretion is subject to the proviso added to Section 22(2), allowing amendments to include specific relief claims even after initial filings AMALA DAS VS UNITED PROGRESSIVE COMPANY LTD - Calcutta.
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Maintenance of Old Proceedings - Certain provisions, such as Sections 28(4) and 3(a), and the saving clause in Section 48(2), ensure that proceedings initiated under the Old Act or prior to the New Act's enforcement are maintained and continue in the same manner, safeguarding existing rights HUNGERFORD INVESTMENT TRUST LTD. VS HARIDAS MUNDHRA - Calcutta, Iag Company Ltd. VS Triveni Glass Ltd. - Calcutta.
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Specific Relief and Amendments - The New Act provides for amendments to pleadings, including claims for specific performance or possession, with courts exercising discretion to permit amendments at any stage. The applicability of Sections 22, 12, 20, and related provisions depends on whether the case is under the Old or New Act, but generally, amendments are permitted to facilitate justice LT. COL. K. C. BHEEMAIAH VS KAKAMADA A. KUTTAPPA - Karnataka, J. Somashekar VS Appuramanand Sharma - Karnataka.
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Limitations and Exemptions - Certain procedural restrictions, such as limitations on renewal of permits or applications under the new Act, are explicitly specified, and old rights may continue unless expressly superseded Rajendran VS State Transport Appellate Tribunal, Ekm. - Kerala.
Analysis and Conclusion:
The application of the New Specific Relief Act to old proceedings is primarily governed by the saving clauses and transitional provisions, which generally allow ongoing cases to proceed under the old law while enabling courts to exercise discretion in amendments and relief grants. Courts have the authority to permit amendments at any stage, and the provisions aim to balance continuity with procedural flexibility. Therefore, while the New Act influences procedural aspects, existing proceedings initiated under the Old Act are typically maintained, with courts exercising discretion within the framework of transitional provisions AMALA DAS VS UNITED PROGRESSIVE COMPANY LTD - Calcutta, Iag Company Ltd. VS Triveni Glass Ltd. - Calcutta.
References:
- AMALA DAS VS UNITED PROGRESSIVE COMPANY LTD - Calcutta
- HUNGERFORD INVESTMENT TRUST LTD. VS HARIDAS MUNDHRA - Calcutta
- Rajendran VS State Transport Appellate Tribunal, Ekm. - Kerala
- LT. COL. K. C. BHEEMAIAH VS KAKAMADA A. KUTTAPPA - Karnataka
- J. Somashekar VS Appuramanand Sharma - Karnataka
Search Results for "Applicaiton of New Act Specific Relief Act to the Old Proceeding Whether there is any Discretion"
1999 0 Supreme(Cal) 335 • India - Calcutta
BIJITENDRA MOHAN MITRA
SPECIFIC RELIEF ACT - SECTION 22 - ORDER 6, RULE 17 CPC - AMENDMENT OF PLAINT - LIMITATION - COURT'S DISCRETION - CONSTRUCTION ... proviso of the Specific Relief Act? ... Relief Act, which specifically allows the court to amend the plaint at any stage of the proceeding to include a claim for possession ... According to the proviso superadded to section 22 (2) of the Specific Relief#HL_EN....
1970 0 Supreme(Cal) 202 • India - Calcutta
B.C.MISRA, S.K.MUKHERJEE
Relief Act 1877 (old Act) and Section 28(4) read with Section 3(a) of the Specific Relief Act 1963 (new Act), and also Section 6( ... Whether the application for rescission of the contract for sale of shares is maintainable under Section 35(c) of the Specific ... Issues: Whether the application for rescission of the contract was maintainable u....
1990 0 Supreme(Ker) 439 • India - Kerala
THOMAS
Issues: (1) Whether the grounds in S.81(4) of the new Act are exhaustive; (2) Whether the applications for renewal are liable ... and permits granted under the old Act cannot be renewed under the new Act. ... The court also held that permits granted under the old Act cannot be renewed under the new Act. ... A specific provision is made in S.217(2)(b) regarding ....
1970 0 Supreme(Cal) 201 • India - Calcutta
B.C.MITRA, S.K.MUKHERJEE
Whether the application is maintainable under Section 35 (c) of the Specific Relief Act 1877 (hereinafter referred to as the old ... Issues: Whether the application is maintainable under Section 35 (c) of the Specific Relief Act 1877 (hereinafter referred ... to as the old Act) and Section 28 (4) read with Section 3 (a) of the Specific #HL_STA....
2020 0 Supreme(Kar) 2249 • India - Karnataka
S.SUJATHA, E.S.INDIRESH
Specific Relief Act, 1963 – Section 12 and 20 - General Clauses Act, 1897 – Section 6 and 27(b) - Seeking ... for relief – Contract - Agreement of sale - Plaintiff instituted O.S. against the defendants seeking for relief of specific performance ... covenant that balance sale consideration amount shall be paid at time of registration of absolute sale deed before the Sub-Registrar - Whether ... The Specific Relief ....
2003 0 Supreme(Kar) 792 • India - Karnataka
H.G.RAMESH, T.S.THAKUR
;SPECIFIC RELIEF ACT, 1963 - Sections 22, 10, 12, 14(c), 21, & 23 and Civil Procedure Code, 1908, Order 41, Rule 1 -Specific performance ... Section 22 of the Specific Relief Act starts with a non-obstinate clause and inter alia provides that any person suing for the specific ... No such relief has been admittedly claimed by the plaintiff in the plaint. ... of the proceeding, allow him to amend the plaint on such ....
2024 Supreme(Online)(BOM) 5094 • India - HIGH COURT OF BOMBAY
BHARAT P. DESHPANDE, J
Issues: Whether the investigation should continue under the old Code or the new Act, and whether the bail application filed ... Ratio Decidendi: The court held that the saving clause in the new Act preserved the applicability of the old Code for pending ... by the new Act, and the court has the power to grant interim bail. ... As far as application of bail is concerned, it is a....
2019 0 Supreme(All) 573 • India - Allahabad
SURYA PRAKASH KESARWANI
Civil Procedure Code, 1908 – Section 96 – Suit for specific performance of Agreement to sell – Decreed – ... performance filed by the plaintiffs-respondents – Court below has not committed any error of law to decree the suit for specific ... (Para 40, 41) Facts of the Case: Suit for specific performance of Agreement to sell ... The line of enquiry would be, not whether the new Act expressly keeps alive old rights and liabilities but whether it manif....
2004 0 Supreme(Cal) 344 • India - Calcutta
ASOK KUMAR GANGULY, Soumitra Sen
Whether section 48(4) of the New Act, which provides that pending proceedings shall continue in the same court as if the New Act ... Whether the saving clause in section 48(2) of the New Act saves the registration of the design granted under the Old Act, as well ... Whether the grounds of cancellation under the New Act are applicable to suits f....
2021 0 Supreme(Kar) 593 • India - Karnataka
ARAVIND KUMAR, SHIVASHANKAR AMARANNAVAR
Civil Procedure Code, 1908 – Order 41 Rule 27 – Contract Act, 1872 – Section 14 – Specific Relief Act, 1963 ... – Section 20, 22 – Specific Relief (Amendment) Act, 2018 – An agreement enforceable by law – Appeal has been filed by unsuccessful ... to perform his part of contract – If appellant had sought for refund of earnest money, then trial Court ought to have considered whether ... Per contra, learned counsel appearing for respondents/defendants h....
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