Specific Relief Act, 1963

Supreme Court clarifies jurisdiction for Section 28 Specific Relief Act Applications in Specific Performance Cases: Ishwar vs. Bhim Singh (2024)

Supreme Court Clarifies Jurisdiction in Specific Performance Cases: Ishwar vs. Bhim Singh (2024) Date of the Judgment: September 3, 2024 Citation: 2024 INSC 651 Judges: J.B. Pardiwala, J. and Manoj Misra, J. Can an execution court, which is also the court of first instance, entertain an application under Section 28 of the Specific Relief Act, […]

Supreme Court clarifies jurisdiction for Section 28 Specific Relief Act Applications in Specific Performance Cases: Ishwar vs. Bhim Singh (2024) Read Post »

Supreme Court overturns specific performance decree due to lack of readiness and willingness: Pydi Ramana vs. Davarasetty Manmadha Rao (2024)

Supreme Court overturns specific performance decree due to lack of readiness and willingness: Pydi Ramana vs. Davarasetty Manmadha Rao (2024) Date of the Judgment: July 10, 2024 Citation: 2024 INSC 507 Judges: Pamidighantam Sri Narasimha, J. and Aravind Kumar, J. Can a buyer who delays action for years still demand specific performance of a property

Supreme Court overturns specific performance decree due to lack of readiness and willingness: Pydi Ramana vs. Davarasetty Manmadha Rao (2024) Read Post »

Supreme Court Upholds Partial Refund in Property Sale Dispute: R. Radhakrishna Prasad vs. Swaminathan & Anr. (2024)

Supreme Court Upholds Partial Refund in Property Sale Dispute: R. Radhakrishna Prasad vs. Swaminathan & Anr. (2024) LEGAL ISSUE: Whether the High Court was correct in modifying the Trial Court’s decree regarding the refund of the advance sale consideration in a suit for specific performance. CASE TYPE: Civil Case Name: R. Radhakrishna Prasad vs. Swaminathan

Supreme Court Upholds Partial Refund in Property Sale Dispute: R. Radhakrishna Prasad vs. Swaminathan & Anr. (2024) Read Post »

Supreme Court Upholds Tenant’s Right to Restoration of Possession Under Section 6 of Specific Relief Act: Sanjay Maruti Jadhav & Anr. vs. Amit Tatoba Sawant (26 April 2024)

Supreme Court Upholds Tenant’s Right to Restoration of Possession Under Section 6 of Specific Relief Act Date of the Judgment: 26 April 2024 Citation: 2024 INSC 345 Judges: Vikram Nath, J. and Satish Chandra Sharma, J. Can a person who has been illegally evicted from a property regain possession through legal means? The Supreme Court

Supreme Court Upholds Tenant’s Right to Restoration of Possession Under Section 6 of Specific Relief Act: Sanjay Maruti Jadhav & Anr. vs. Amit Tatoba Sawant (26 April 2024) Read Post »

Supreme Court Upholds Co-owner’s Rights: Prashant Singh vs. Meena (2024)

Supreme Court Upholds Co-owner’s Rights: Prashant Singh vs. Meena (2024) LEGAL ISSUE: Whether a Consolidation Officer can take away the vested title of a tenure holder during consolidation proceedings. CASE TYPE: Civil Law – Property Rights Case Name: Prashant Singh & Ors. vs. Meena & Ors. Judgment Date: 25 April 2024 Date of the Judgment:

Supreme Court Upholds Co-owner’s Rights: Prashant Singh vs. Meena (2024) Read Post »

Specific Performance Denied: Supreme Court Upholds Decision in Property Sale Dispute (2024)

Specific Performance Denied: Supreme Court Upholds Decision in Property Sale Dispute (2024) LEGAL ISSUE: Whether specific performance can be granted for a property sale agreement when the plaintiff’s conduct involves misrepresentation and suppression of facts. CASE TYPE: Civil (Property Law, Specific Performance) Case Name: Major Gen. Darshan Singh (D) By Lrs. & Anr. vs. Brij

Specific Performance Denied: Supreme Court Upholds Decision in Property Sale Dispute (2024) Read Post »

Supreme Court allows Specific Performance of Land Sale Agreement Despite Tribal Land Transfer Restrictions: Babasaheb vs. Radhu Vithoba Barde (2024) INSC 122 (15 February 2024)

Supreme Court Allows Specific Performance of Land Sale Agreement Despite Tribal Land Transfer Restrictions Date of the Judgment: 15 February 2024 Citation: 2024 INSC 122 Judges: Justice B.V. Nagarathna and Justice Augustine George Masih Can a court order the specific performance of a land sale agreement when the seller is a tribal and the buyer

Supreme Court allows Specific Performance of Land Sale Agreement Despite Tribal Land Transfer Restrictions: Babasaheb vs. Radhu Vithoba Barde (2024) INSC 122 (15 February 2024) Read Post »

Supreme Court clarifies limitation for declaration suits in property disputes: Vasantha vs. Rajalakshmi (2024) INSC 109 (13 February 2024)

Supreme Court on Limitation and Declaratory Suits in Property Disputes Date of the Judgment: 13 February 2024 Citation: 2024 INSC 109 Judges: Hrishikesh Roy, J. and Sanjay Karol, J. Can a suit for declaration of property rights be maintained without seeking possession, especially when limitation periods have expired? The Supreme Court of India recently addressed

Supreme Court clarifies limitation for declaration suits in property disputes: Vasantha vs. Rajalakshmi (2024) INSC 109 (13 February 2024) Read Post »

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024)

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024) LEGAL ISSUE: Whether specific performance of a sale agreement can be granted when the buyer fails to adhere to the stipulated timelines and a subsequent sale to a third party has occurred. CASE TYPE: Civil – Specific Performance of Contract Case

Supreme Court Sets Aside Specific Performance in Property Sale Agreement: Alagammal vs. Ganesan (2024) Read Post »

Specific Performance vs. Compensation: Supreme Court decides on 60-year-old land dispute in Greater Ashoka vs. Kanti Prasad (2023)

Supreme Court awards compensation in lieu of specific performance after 60 years: Greater Ashoka vs. Kanti Prasad (2023) LEGAL ISSUE: Whether specific performance can be granted after a delay of 60 years in a land allotment case, or if compensation is a more appropriate remedy. CASE TYPE: Civil, Contract Law, Specific Performance Case Name: M/s

Specific Performance vs. Compensation: Supreme Court decides on 60-year-old land dispute in Greater Ashoka vs. Kanti Prasad (2023) Read Post »

Supreme Court overturns Specific Performance of Agreement to Sell after 13 Years: Hazari Lal vs. Ramesh Kumar (2023) INSC 1001 (04 October 2023)

Supreme Court overturns Specific Performance of Agreement to Sell after 13 Years: Hazari Lal vs. Ramesh Kumar (2023) INSC 1001 (04 October 2023) LEGAL ISSUE: Whether a suit for specific performance of an agreement to sell can be decreed after a significant delay of 13 years, especially when no permission from the Ceiling Department, as

Supreme Court overturns Specific Performance of Agreement to Sell after 13 Years: Hazari Lal vs. Ramesh Kumar (2023) INSC 1001 (04 October 2023) Read Post »

Supreme Court Clarifies Property Transfer in Sale Deed Dispute: Yogendra Prasad Singh vs. Ram Bachan Devi (2023)

Supreme Court Clarifies Property Transfer in Sale Deed Dispute: Yogendra Prasad Singh vs. Ram Bachan Devi (2023) LEGAL ISSUE: Whether a sale deed transfers property title immediately upon execution and registration, or if the transfer is contingent upon the exchange of equivalents, as per the practice of ‘ta khubzul badlain’. CASE TYPE: Civil Case Name:

Supreme Court Clarifies Property Transfer in Sale Deed Dispute: Yogendra Prasad Singh vs. Ram Bachan Devi (2023) Read Post »

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