Date of the Judgment: May 02, 2025 Judges: J.B. Pardiwala, J., R. Mahadevan, J. Can a seller forfeit advance money if a buyer fails to complete a property purchase? The Supreme Court of India addressed this question in K.R. Suresh vs. R. Poornima, a case concerning the specific performance of a contract. The core issue […]
Introduction Date of the Judgment: 13 February 2025 Citation: 2025 INSC 207 Judges: Surya Kant, J. and Ujjal Bhuyan, J. When contractual obligations are not honoured in property allotment cases, what recourse do parties have? The Supreme Court of India recently addressed a dispute between M/s. Tomorrowland Limited and the Housing and Urban Development Corporation
Supreme Court Clarifies Merger Doctrine in Specific Performance Suits Date of the Judgment: 17 January 2025 Citation: (2025) INSC 81 Judges: J.B. Pardiwala, J. and R. Mahadevan, J. Can a decree for specific performance be automatically nullified if the payment isn’t made within the initial timeframe set by the trial court, even after the High
Supreme Court Reverses High Court Decision on Specific Performance of Contract: Jaichand vs. Sahnulal (2024) LEGAL ISSUE: Whether the High Court erred in overturning the first appellate court’s decision regarding the readiness and willingness of the plaintiff in a suit for specific performance of a contract. CASE TYPE: Civil (Contract Law) Case Name: Jaichand (Dead)
Supreme Court Upholds High Court Decision on Specific Performance: R. Shama Naik vs. G. Srinivasiah (2024) LEGAL ISSUE: Whether the plaintiff demonstrated readiness and willingness to perform their part of a contract for specific performance. CASE TYPE: Specific Performance of Contract. Case Name: R. Shama Naik vs. G. Srinivasiah. [Judgment Date]: 28 November 2024. Introduction
Supreme Court Clarifies Territorial Jurisdiction in Specific Performance Suits: Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. (2024) LEGAL ISSUE: Determining the territorial jurisdiction of courts in suits for specific performance of contracts involving immovable property. CASE TYPE: Civil Suit – Specific Performance Case Name: Rohit Kochhar vs. Vipul Infrastructure Developers Ltd. & Ors. Judgment Date:
Supreme Court Upholds Specific Performance of Oral Sale Agreement: Manjit Singh vs. Darshana Devi (2024) LEGAL ISSUE: Whether subsequent purchasers of a property can be considered bona fide purchasers without notice of a prior oral agreement of sale. CASE TYPE: Civil – Specific Performance Case Name: Manjit Singh & Anr. vs. Darshana Devi & Ors.
Supreme Court Reverses Specific Performance Decree: R. Kandasamy vs. T.R.K. Sarawathy (2024) LEGAL ISSUE: Whether the buyer was ready and willing to perform her part of the contract in a suit for specific performance of a sale agreement. CASE TYPE: Civil, Specific Performance Case Name: R. Kandasamy (Since Dead) & Ors. vs. T.R.K. Sarawathy &
Supreme Court Upholds Mortgage by Conditional Sale: Leela Agrawal vs. Sarkar & Anr. (2024) LEGAL ISSUE: Whether a mortgage deed with a clause converting it into a sale upon default of payment is a mortgage by conditional sale or a simple mortgage. CASE TYPE: Property Law. Case Name: Leela Agrawal vs. Sarkar & Anr. Judgment
Supreme Court Upholds Specific Performance of Agreement to Sell in Land Dispute: Shyam Kumar Inani vs. Vinod Agrawal (2024) LEGAL ISSUE: Whether an Agreement to Sell land can be enforced through specific performance, especially when the full sale consideration was paid, possession was given, and the seller’s legal heirs refuse to execute the sale deed.
Supreme Court Review: Specific Performance and Limitation in Property Sale Agreements Date of the Judgment: 8 November 2024 Citation: 2024 INSC 861 Judges: Dr Dhananjaya Y Chandrachud, CJI, J. B. Pardiwala, J, Manoj Misra, J Can a court overturn its own judgment if there’s a clear error? The Supreme Court of India recently addressed this
Supreme Court Reverses High Court in Specific Performance Suit: Janardan Das vs. Durga Prasad Agarwalla (2024) LEGAL ISSUE: Whether a suit for specific performance of a contract can be decreed when the plaintiff fails to prove continuous readiness and willingness to perform their part of the contract, and when the agreement was executed by an
