AI Overview...
-
Relief Contemplated by Statute - Main points and insights:
Courts are generally restricted in granting relief beyond what is explicitly contemplated under the statute. For instance, Section 12A mandates certain procedures, and relief cannot be granted if not within the scope of the statutory provisions. Similarly, reliefs such as interim or urgent relief are not contemplated unless explicitly provided for, as seen in cases involving Section 69 of the Indian Partnership Act or specific procedural provisions Patil Automation Private Limited VS Rakheja Engineers Private Limited - Supreme Court.
The courts emphasize that reliefs must align with the statutory scheme, and any relief outside those parameters is not permissible. For example, reliefs other than those provided under the Act, such as temporary injunctions, cannot be granted unless exceptional circumstances are established Suresh Kumar VS Sandhya - Madhya Pradesh, ZILA PARISHAD, BIJNOR VS PASHU SHAV CHHEDAN EVAM HADDI CHHOORA AUDYOGIK UTPADAN CO-OPERATIVE SOCIETY LIMITED - Allahabad. -
Analysis and Conclusion:
The overarching principle is that courts cannot grant relief beyond what is explicitly or implicitly contemplated under the relevant statutes. Reliefs such as interim measures or specific declarations require clear statutory backing. The courts are cautious about extending reliefs outside statutory provisions, ensuring adherence to the legislative framework and avoiding unwarranted judicial overreach. Therefore, reliefs not contemplated under the statute are generally not permissible, emphasizing the importance of statutory compliance in judicial relief.
Search Results for "Court Cannot Grant Relief what is Contemplated under the Statue"
2022 7 Supreme 607 • India - Supreme Court
K. M. JOSEPH, HRISHIKESH ROY
has declared Section 12A mandatory also, plaintiff will not be entitled to relief. ... is contemplated and on other matters which already crowd their dockets. ... same in regard to absence of registration contemplated under Section 69 of Indian Partnership Act. ... In the cases before us, the suits do not contemplate urgent interim relief. As to what should happen in suits which do contemplate urgent interim relief or rather the meaning of the word ‘contempl....
2016 0 Supreme(All) 60 • India - Allahabad
DINESH MAHESHWARI, ANANT KUMAR
be said to be conclusive of the issue that the Scheme was not in operation – Policy coverage was contemplated from 1.11.2003 to ... cover had not been taken – As such Scheme was not in operation – Mere not taking of the insurance policy for a particular period cannot ... 31.3.2005 – Policy in question purchased w.e.f. 1.4.2004, the default cannot be allowed to operate against the claim of a bona fide ... Coming to the question if the petitioner is entitled to the monetary relief as claimed, we have no hesitation in answe....
2002 0 Supreme(Ker) 667 • India - Kerala
R.RAJENDRA BABU
of a different relief – Hence, a different relief as claimed by respondent cannot be granted, though he made such a counter claim ... grant of same relief which was claimed by spouse who filed petition for dissolution of marriage and it does not contemplate grant ... on grounds specified under above Section – S.15 of Act does not contemplate a different relief, viz., a relief other than dissolution ... Section 15 o....
1990 0 Supreme(MP) 356 • India - Madhya Pradesh
K.L.SHRIVASTAVA
reliefs other than those contemplated by the provisions of the Act. 2. ... The District Court, as defined in Section 3(b) of the Act, has exclusive jurisdiction to deal with such matters and cannot grant ... The court cannot grant a temporary injunction under its inherent powers under Section 151 of the Code of Civil Procedure, 1908, in ... It has to be held that the 'District Court' as defined in Section 5(b) of the Act is a #HL_ST....
2010 0 Supreme(Guj) 331 • India - Gujarat
ABHILASHA KUMARI, D.H.WAGHELA
The declaration of the District Collector cannot be said to govern all other eventualities contemplated in the clause. ... to respondent to grant relief. ... The prevalence of any one such eventuality is sufficient for entitlement to the relief contemplated under clause 21 and a plain reading ... Having formulated a specific policy contained in Government Resolution dated 25.02.2004, more specifically Clause-21 thereof, clearly specifying the intention of providing relief#HL_....
1992 0 Supreme(Bom) 251 • India - Bombay
V.P.TIPNIS, M.F.SALDANHA
In the absence of such a resurrection of the almost dead marriage, the Legislature contemplated that the Court shall without hesitation ... We have analysed this and a few other decisions that were cited before us and we need to observe, in passing, that the statute contemplates ... decree on her own violation and not having taken any steps to resume cohabitation she can hardly be permitted to raise the legal bar contemplated ... whether or not the appellant-wife has made out a case for the gr....
2024 Supreme(Online)(Ker) 67239 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
... ... Ratio Decidendi: The court determined that relief associated with the governance of the Society is intrinsically linked to ... bar jurisdiction over independent reliefs - Court emphasized the interconnectedness of the reliefs sought and the need for a comprehensive ... of new members and the status of previous elections to safeguard the Society's governance. ... For that reason also, this Court is of the opinion that the amendment sought for to incorporate th....
1995 0 Supreme(SC) 817 • India - Supreme Court
FAIZAN UDDIN, S.B.MAJMUDAR, S.P.BHARUCHA
Constitution OF India,1950 - Damages - Contemplated payment of additional amount - Appeal is heard finally ... released by defendants and to be conveyed to plaintiff- Any inaccuracy latter part of recitals about description of suit property cannot ... ownership would be retained defendants- Such type of truncated conveyance of residential property place like splitting up of ownership cannot ... Such type of truncated conveyance of a residential property in a taluka place like Ankleshwar and floorwise splitting up of ownership ca....
1987 0 Supreme(MP) 400 • India - Madhya Pradesh
B.M.LAL
of the Court without complying the 60 days statutory period of notice and if ultimately after hearing the opposite party as contemplated ... of the Court without complying the 60 days statutory period of notice and if ultimately after hearing the opposite party as contemplated ... temporary relief sought, the trial Court, in the opinion of this Court, has rightly exercised its jurisdiction under the proviso
1990 0 Supreme(All) 360 • India - Allahabad
K.P.SINGH, K.K.BIRLA
. - Mandatory injunction cannot be granted on an interlocutory application unless in exceptional circumstances to restore the status ... A mandatory injunction cannot be granted on an interlocutory application unless in exceptional circumstances to restore the status ... The trial court granted an interim injunction in favor of the plaintiff-respondent, directing the defendants-appellants to grant ... " ... ( 8 ) IT is noteworthy that the aforesaid order cannot help t....
Filter by Legal Phrase
