Search Results for Tag : Specific Performance

Judgments

If Court finds that transaction is not for agreement of sale, no relief of refund of advance can be granted(02.01.2017)

Principal District Judge accepted case of Defendant in toto and rejected relief of specific performance. However granted decree for refund of a sum of.....

Tags : Agreement, Nature, Specific performance

Jurisdiction to Decree Specific Performance is Discretionary. Yet, Discretion of Court is Not Arbitrary but is “Sound and Reasonable”, to be “Guided by Judicial Principles”(21.02.2017)

Instant Appeal arises from a judgment rendered by a Single Judge of Madras High Court. Dismissing second appeal, Single Judge confirmed judgment of Pr.....

Tags : Payment, Specific performance

Court could hear appeal on any other substantial question of law not formulated by it, but only after recording reasons that, case involves such a question(15.02.2019)

The Appellant had filed the suit for specific performance of Agreement to Sell that was decreed by the Court of Additional Civil Judge, by the judgmen.....

Tags : Specific performance, Agreement, Entitlement

Grant of relief of specific performance is a discretionary and equitable relief(07.01.2019)

The Appellant filed the civil suit against the Respondents claiming specific performance of the contract in relation to the suit land. The Respondents.....

Tags : Agreement, Specific performance, Entitlement

Power of attorney holder cannot testify in respect of matters which principal alone have knowledge(01.10.2019)

The Defendant is in appeal, aggrieved by the concurrent findings decreeing the suit for specific performance filed by the Respondent. The Plaintiff fi.....

Tags : Specific performance, Decree, Validity

Specific performance of a contract cannot be enforced in favour of a person who fails to prove readiness to perform essential terms of agreement(04.10.2019)

The Plaintiff assails correctness of the order allowing the second appeal of the Defendants. By the impugned order, the High Court set aside the concu.....

Tags : Obligation, Agreement, Specific performance

An appeal is a continuation of proceedings of original Court and Court of first appeal must record its findings only after dealing with all issues of law as well as fact(12.02.2020)

Present is the Plaintiff's appeal challenging the judgment passed by the High Court, whereby the High Court has confirmed the judgment and decree pas.....

Tags : Contract, Specific performance, reasoned order

News

Ker HC: Party Can’t Take Defence of Defective Title Once it Enters into Agreement to Convey Property(04.08.2023)

Kerala High Court has observed that once a party enters into an agreement to convey the property, it is not open for them to defend the claim for spec.....

Tags : Kerala High Court, Specific Performance, Title, Defence

SC: When Contract Doesn’t Fix Time for Specific Performance, Limitation Runs from Notice of Refusal(14.09.2023)

Supreme Court has held that when no time is fixed for specific performance of the contract, the court will have to determine the date on which the pla.....

Tags : Supreme Court, Specific Performance, Limitation, Time

SC: Subsequent Purchaser Can Challenge Readiness of Plaintiff in Specific Performance Suit(22.02.2021)

Supreme Court has observed that subsequent purchaser of the suit property can challenge the readiness and willingness on part of the plaintiff in a sp.....

Tags : Supreme Court, Readiness of Plaintiff in Specific Performance Suit

SC: Can’t Compel Defendant to Enter into Agreement With 3rd Party for Specific Performance(14.09.2022)

Supreme Court has held that a Court cannot grant the relief of specific performance against a person compelling him to enter into an agreement with a .....

Tags : Supreme Court, Specific Performance, Third Party

SC: Decree for Obtaining Specific Performance Cannot be Obtained Behind Bona Fide Purchaser(19.01.2022)

Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser es.....

Tags : Supreme Court, Decree for Obtaining Specific Performance

SC: Court Should Frame Specific Issue on Readiness & Willingness in Suit for Specific Performance(10.11.2022)

Supreme Court has held that a specific issue on readiness and willingness on the part of the plaintiff must be framed by the trial court in a suit for.....

Tags : Supreme Court, Issue, Specific Performance

Prosecution of a remedy before the Consumer Forum is a valid ground to invoke and apply the provisions of Section 14 of Limitation Act(23.06.2021)

The present appeal challenges the concurrent findings rendered by the Courts below, holding that Section 14 of the Limitation Act, 1963 was not applic.....

Tags : Specific performance, time barred, Legality

Prayer Clause is a sine qua non for granting decree of refund of earnest money(14.12.2022)

The present appeal is directed against the judgment passed by the High Court whereby a second appeal preferred by the Appellants was dismissed and jud.....

Tags : Sale Agreements, Termination, Specific performance

Once execution of agreement to sell and payment of sale consideration is admitted by vendor, nothing further is required to be proved by vendee(11.04.2022)

The Appellant herein original plaintiff has preferred the present appeal against impugned judgment and order passed by the High Court, by which the Hi.....

Tags : Specific performance, Agreement, Execution

For specific performance of contract, Plaintiff is required to prove readiness and willingness to perform his part of obligations under contract(06.07.2017)

Present First Appeal is against judgment and decree passed by Civil Judge. By impugned judgment, Plaintiff's suit for specific performance of contract.....

Tags : Agreement, Specific Performance, Refusal, Validity

SC: Specific Performance of Sale Deed Can Only be Availed When Buyer Adheres to Specific Condition(11.01.2024)

Supreme Court has held that when there is a specific condition in a contract with regard to the time frame in which the consideration is to be paid, t.....

Tags : Supreme Court, Specific Performance, Consideration

SC: Can’t Draw Adverse Inference Against Plaintiff for Merely Not Producing Bank Passbook(10.01.2023)

Supreme Court has held that adverse inference cannot be drawn against a plaintiff in a suit for specific performance for not producing his passbook un.....

Tags : Supreme Court, Inference, Bank Passbook, Specific Performance

SC Division Bench Delivers Split Verdict in Civil Appeal from Specific Performance Suit(16.01.2023)

Supreme Court division bench comprising Justices M.R. Shah and B.V. Nagarathna a split verdict in a civil appeal arising out of a suit seeking specifi.....

Tags : Supreme Court, Specific Performance Suit, Civil Appeal, Agreement of Sale

Supreme Court: Granting Decree of Specific Performance is Discretionary(04.03.2024)

Supreme Court has held that granting a decree of specific performance is discretionary and that discretion should be based on equitability.

Tags : Supreme Court, Specific Performance, Discretion

SC: Courts Can’t Grant Refund if it is Not Specifically Prayed for in Specific Performance Suit(15.12.2022)

Supreme Court has held that unless a plaintiff specifically seeks the refund of the earnest money at the time of filing of the suit or by way of amend.....

Tags : Supreme Court, Specific Performance Suit, Refund

Kerala HC: Details of Funds in Possession Not Necessary in Plaint for Specific Performance(26.04.2022)

Kerala High Court has ruled that even if the plaintiff has not provided details of funds in her possession in a suit for specific performance or the w.....

Tags : Kerala High Court, specific performance, possession

Court to not compel specific performance of contract unless the whole contract can be executed(21.08.2015)

In a case where the Defendant agreed to sell property in its entirety but it later emerged that he had only a third of the share in the property, the .....

Tags : Specific performance, sale, property, part share

Court can refuse to grant discretionary relief of specific performance, even if, contract is not voidable but circumstances make it inequitable to enforce the same(11.09.2019)

In facts of present case, Mohinder Kaur, predecessor in interest of the Appellants entered into an agreement with Bahadur Singh, predecessor in intere.....

Tags : Discretionary relief, Specific performance, Validity

SC: Relief of Specific Performance of Contract No Longer Discretionary(21.09.2020)

Supreme Court has observed that relief of specific performance of a contract is no longer discretionary, after the 2018 amendment.

Tags : Supreme Court, Relief of Specific Performance

SC: Limitation Period for Specific Performance Suit's Runs from Date for Performance of Agreement(12.08.2024)

Supreme Court has held that period of limitation for specific performance of suit shall run from the date that has been fixed for its performance and .....

Tags : Supreme Court, Specific Performance, Period of Limitation

SC: Relief of Specific Performance can be Declined for Non Performance of Essential Promise(12.09.2019)

Supreme Court has observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief .....

Tags : SC, Specific Performance

SC: Specific Performance Suit Filed Within Limitation Cannot be Dismissed on Sole Ground of Delay(13.10.2020)

Supreme Court has observed that a suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches.

Tags : Supreme Court, Suit of Specific Performance