Specific Relief Act, 1963

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021)

/ A S Bopanna, Breach of contract, Contract Law, Contract Law with Determinable Contract, Corporate Insolvency Resolution Process, Dhananjaya Y Chandrachud, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238, Insolvency and Bankruptcy Code, 2016 with Section 60(5)(c), Judges, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) LEGAL ISSUE: Scope of the National Company Law Tribunal’s (NCLT) residuary jurisdiction under Section 60(5)(c) of the Insolvency and Bankruptcy Code (IBC) to adjudicate contractual disputes during the Corporate Insolvency Resolution Process (CIRP). CASE TYPE: Insolvency Law, Contract […]

Supreme Court Clarifies NCLT’s Jurisdiction in Contract Termination During CIRP: Tata Consultancy Services vs. SK Wheels (2021) Read Post »

Supreme Court Upholds Specific Performance of Agreement to Sell: Sughar Singh vs. Hari Singh (2021)

/ Aniruddha Bose, Code of Civil Procedure, 1908, Judges, M.R. Shah, Second Appeal, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Specific Relief Act, 1963 with Section 20

Supreme Court Upholds Specific Performance of Agreement to Sell: Sughar Singh vs. Hari Singh (2021) LEGAL ISSUE: Whether a suit for specific performance can be dismissed for lack of specific averments of readiness and willingness and whether the discretionary power under Section 20 of the Specific Relief Act, 1963 can be used to deny the

Supreme Court Upholds Specific Performance of Agreement to Sell: Sughar Singh vs. Hari Singh (2021) Read Post »

Supreme Court Reverses High Court in Specific Performance Suit: Karuppuraj vs. Ganesan (2021)

/ A.S. Bopanna, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Section 96, Contract Law, Judges, M.R. Shah, Order VI Rule 17, Civil Procedure Code, 1908, Order XLI Rule 31, Civil Procedure Code, 1908, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c)

Supreme Court Reverses High Court in Specific Performance Suit: Karuppuraj vs. Ganesan (2021) LEGAL ISSUE: Whether a plaintiff can be granted specific performance of a contract when they were not initially willing to purchase the property with existing tenants, and later change their stance during the first appeal. CASE TYPE: Civil Suit – Specific Performance

Supreme Court Reverses High Court in Specific Performance Suit: Karuppuraj vs. Ganesan (2021) Read Post »

Supreme Court clarifies maintainability of suit for injunction without declaration of title: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan (2021)

/ B.R. Gavai, Civil Law, Injunctions, Judges, L. Nageswara Rao, Property Law, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 38, Title Disputes

Supreme Court on Suit for Injunction Without Declaration of Title: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan (2021) LEGAL ISSUE: Whether a suit for permanent injunction can be maintained without seeking a declaration of title. CASE TYPE: Civil Law – Property Dispute Case Name: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan [Judgment Date]: September 7,

Supreme Court clarifies maintainability of suit for injunction without declaration of title: Kayalulla Parambath Moidu Haji vs. Namboodiyil Vinodan (2021) Read Post »

Supreme Court Clarifies Rejection of Plaint Under Order 7 Rule 11(d) CPC: Sayyed Ayaz Ali vs. Prakash G Goyal (20 July 2021)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 2(2), Dhananjaya Y Chandrachud, Judges, M.R. Shah, Order 7 Rule 11, Code of Civil Procedure, 1908, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 34

Supreme Court Clarifies Rejection of Plaint Under Order 7 Rule 11(d) CPC: Sayyed Ayaz Ali vs. Prakash G Goyal (20 July 2021) LEGAL ISSUE: Clarification on the procedure for rejecting a plaint under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908, specifically regarding the permissibility of granting time to amend the plaint

Supreme Court Clarifies Rejection of Plaint Under Order 7 Rule 11(d) CPC: Sayyed Ayaz Ali vs. Prakash G Goyal (20 July 2021) Read Post »

Supreme Court Upholds Specific Performance of Sale Agreements: A.R. Madana Gopal vs. Ramnath Publications (2021)

/ Contract Law, Income Tax Act, 1961, Income Tax Act, 1961 with Section 230-A, Interpretation of Contracts, Judges, L. Nageswara Rao, S. Ravindra Bhat, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 10-A

Supreme Court Upholds Specific Performance of Sale Agreements: A.R. Madana Gopal vs. Ramnath Publications (2021) LEGAL ISSUE: Whether a delay in seeking specific performance of a sale agreement after the disposal of a related writ petition is fatal to the case, especially when the agreement stipulated payment at the time of registration of sale deeds.

Supreme Court Upholds Specific Performance of Sale Agreements: A.R. Madana Gopal vs. Ramnath Publications (2021) Read Post »

Supreme Court Upholds Injunction Based on Established Possession: A.Subramanian vs. R. Pannerselvam (2021)

/ Ashok Bhushan, Civil Law, Injunction, Judges, M.R. Shah, Property Law, R. Subhash Reddy, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 6

Supreme Court Upholds Injunction Based on Established Possession: A.Subramanian vs. R. Pannerselvam (2021) LEGAL ISSUE: Whether a suit for permanent injunction can be decreed solely based on the plaintiff’s established possession, without delving into the complexities of title, especially when the defendant has previously failed in litigation concerning the same property. CASE TYPE: Civil Law

Supreme Court Upholds Injunction Based on Established Possession: A.Subramanian vs. R. Pannerselvam (2021) Read Post »

Supreme Court Upholds Partial Specific Performance in Land Sale Dispute: B. Santoshamma vs. D. Sarala (2020)

/ Indira Banerjee, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 21, Registration Act, 1908, Registration Act, 1908 with Section 50(1), Specific Performance of Contract, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 10, Specific Relief Act, 1963 with Section 12, Uday Umesh Lalit

Supreme Court Upholds Partial Specific Performance in Land Sale Dispute: B. Santoshamma vs. D. Sarala (2020) Date of the Judgment: 18 September 2020 Citation: 2020 INSC 707 Judges: Uday Umesh Lalit, J. and Indira Banerjee, J. Can a seller of land renege on a sale agreement after accepting a significant portion of the payment? The

Supreme Court Upholds Partial Specific Performance in Land Sale Dispute: B. Santoshamma vs. D. Sarala (2020) Read Post »

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay: Atma Ram vs. Charanjit Singh (2020)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 149, Judges, N.V. Ramana, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Specific Relief Act, 1963 with Section 20, V. Ramasubramanian

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay: Atma Ram vs. Charanjit Singh (2020) LEGAL ISSUE: Whether a suit for mandatory injunction can be converted to a suit for specific performance by paying the deficit court fee, and whether delay in filing a suit for specific performance affects the plaintiff’s claim. CASE

Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay: Atma Ram vs. Charanjit Singh (2020) Read Post »

Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020)

/ Deepak Gupta, Judges, Mortgage, Property Law, Readiness and Willingness, S. Abdul Nazeer, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 58(c)

Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020) LEGAL ISSUE: Whether a sale deed can be considered as security for a loan, and the requirements for proving readiness and willingness in a specific performance suit for reconveyance of property. CASE TYPE: Civil (Specific Performance) Case Name: C.S. Venkatesh vs.

Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020) Read Post »

Supreme Court Upholds Specific Performance of Agreement to Sell: Vundavalli Ratna Manikyam vs. V.P.P.R.N. Prasada Rao (2020)

/ Agreement to Sell, Contract Law, Article 113, Limitation Act, 1963, Article 54, Limitation Act, 1963, Arun Mishra, Contract Law, Judges, Limitation Act, 1963, M.R. Shah, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963, Vineet Saran

Supreme Court Upholds Specific Performance of Agreement to Sell: Vundavalli Ratna Manikyam vs. V.P.P.R.N. Prasada Rao (2020) LEGAL ISSUE: Whether the suit for specific performance of an agreement to sell was barred by limitation. CASE TYPE: Civil (Specific Performance) Case Name: Vundavalli Ratna Manikyam & another vs. V.P.P.R.N. Prasada Rao Judgment Date: 06 February 2020

Supreme Court Upholds Specific Performance of Agreement to Sell: Vundavalli Ratna Manikyam vs. V.P.P.R.N. Prasada Rao (2020) Read Post »

Supreme Court Denies Specific Performance, Orders Compensation in Land Sale Dispute: Sukhwinder Singh vs. Jagroop Singh (28 January 2020)

/ A.S. Bopanna, Contract Law, Judges, R. Banumathi, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 20

Supreme Court Denies Specific Performance, Orders Compensation in Land Sale Dispute: Sukhwinder Singh vs. Jagroop Singh (2020) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted when the plaintiff has not proven readiness and willingness to perform their part of the contract, and a third party

Supreme Court Denies Specific Performance, Orders Compensation in Land Sale Dispute: Sukhwinder Singh vs. Jagroop Singh (28 January 2020) Read Post »

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