What is Section 9 of the Specific Relief Act case law?
Asked by: scraper | Last update: August 10, 2026Score: 0/5 (0 votes)
Under the current Indian Specific Relief Act, 1963, Section 9 is distinct from the repealed 1877 Act (which contained dispossession laws in Section 9).
What is Section 9 of the Specific Relief Act in simple words?
9. If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding any other title that may be set up in such suit.
What are the grounds for a suit under section 9 CPC?
You can file a civil suit under Section 9 CPC when your legal right is infringed, involving matters such as property disputes, breach of contract, money recovery, or succession issues.
Where the plaintiff fails to comply with the provisions of rule 9?
Intention behind Order 9 Rule 9 CPC, 1908
This Rule states that if the plaintiff does not appear on the fixed day of hearing, the court, upon its discretion, may dismiss the suit; unless, the plaintiff upon being summoned shows there was sufficient cause for non-appearance.
What are the powers of court under section 9?
Section 9 of the Act allows parties to seek interim relief from the Court before or during arbitration proceedings, or after the award is passed but before its enforcement.
Specific Relief Act Section 9,10
What is the case under Section 9?
Section 9 of the Hindu Marriage Act, 1955, deals with the restitution of conjugal rights. It mandates that when either the husband or the wife withdraws from the other's company without any reasonable cause, the aggrieved party may approach the court seeking restitution of conjugal rights.
Is section 9 relief discretionary?
As held by our courts, the scope of Section 9 of the Act is very broad; the Court has a discretion to grant thereunder a wide range of interim measures of protection “as may appear to the Court to be just and convenient”, though such discretion has to be exercised judiciously and not arbitrarily.
What does rule 9 mean in court?
Release in a Criminal Case. (a) Release Before Judgment of Conviction. (1) The district court must state in writing, or orally on the record, the reasons for an order regarding the release or detention of a defendant in a criminal case.
Which of the following elements must a plaintiff prove to prevail in case for negligence?
To prevail in a negligence lawsuit, a plaintiff must prove all four of the following elements by a preponderance of the evidence:
When can an injunction not be granted?
No injunction if the disputed property is not identifiable: In view of the provisions of Order 7, rule 3 CPC and Order 20, rule 9 CPC, injunction cannot be granted if the disputed immovable property is not identifiable.
What is Section 9 of the CPC case law?
Section 9 of the Civil Procedure Code lays down the conditions under which a civil court can take up a matter. The section provides two conditions: The suit must be of a civil nature. Cognizance of such a suit must not be expressly or impliedly barred.
What assets cannot be touched in a lawsuit?
Unless you take steps to protect them, most assets are not protected in a lawsuit. One of the few exceptions to this is your employer-sponsored IRA, 401(k), or another retirement account. At Bratton Estate and Elder Care Attorneys, our lawyers recommend putting an asset protection plan in place before you need it.
Who is affected by Section 9 of the CPC?
Section 9 of the C.P.C. provides that the civil courts have the jurisdiction to try all suits of a civil nature unless their jurisdiction is expressly or impliedly barred by a specific statute. This section ensures that individuals have the right to approach civil courts for the enforcement of their civil rights.
What is settlement in Specific Relief Act?
In this Act, unless the context otherwise requires,— (a)“obligation” includes every duty enforceable by law; (b)“settlement” means an instrument other than a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925) whereby the destination or devolution of successive interests movable or immovable ...
Who can pass section 9 orders?
recognized the aforesaid problem and opined that courts while interpreting provisions of Section 9 of the Act and granting reliefs therein, can pass a conditional order to put the party who is intending to get an order from the court to terms as it may deem fit with a view to ensure that effective steps are taken by ...
What is the recovery of immovable property under Specific Relief Act?
Section 5 of the Specific Relief Act, 1963 explains the recovering of possession regarding specific immovable property. It states: "A person who is entitled to the possession of a specific immovable property may recover it in accordance with the procedure prescribed by the Code of Civil Procedure, 1908."
What must a plaintiff prove to win?
As long as the plaintiff can show through witness testimony, documents or scientific evidence that their position is proved by the preponderance of the evidence, then their case will be proved, and they will prevail.
What are the four things a plaintiff must prove?
Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
What three things must a plaintiff prove in a negligence case?
To win a negligence lawsuit, a plaintiff must prove three primary elements: a duty of care was owed, the defendant breached that duty, and that breach directly caused compensable damages.
What are rule 9 reasons?
Once the Leave Application is filed, if no reasons for the decision were received, the Federal Court will make a request to IRCC to obtain the reasons under “Rule 9”. The “Rule 9” disclosure contains the notes of the immigration officer who reviewed and refused your immigration application to Canada.
What is the rule 9 pleading standard?
In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.
What does "oye oye oye" mean in court?
"Oyez, oyez, oyez" (pronounced oh-yay) is a traditional court call meaning "Hear ye!" or "Listen!" Derived from Anglo-Norman French and used three times, it serves as a formal command to command silence and attention at the opening of a court session, particularly in the Supreme Court of the United States.
Is the relief under the Specific Relief Act mandatory or discretionary?
Discretionary Remedy: Specific relief is a discretionary remedy, meaning that the court has the discretion to grant or deny it based on the circumstances of each case. D. Alternative to Damages: Specific relief is an alternative to monetary damages and aims to restore the parties to their original positions.
What is interim relief under Section 9 Arbitration Act case laws?
Section 9 of the Arbitration and Conciliation Act, 1996, which allows a party to seek interim relief from a civil court, does not prescribe specific conditions for claiming such relief, thereby granting widespread discretion to courts to order interim protections as may appear “just and convenient”.
Can an arbitration decision be appealed?
Generally, arbitration decisions are final and legally binding, meaning they cannot be appealed based on errors of fact or law. While conventional appeals are rarely available, parties can sometimes file a narrow "motion to vacate" in court for reasons like fraud, or use specialized arbitration appeal panels if previously agreed upon in writing.