Specific Relief Act, 1963

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (28 February 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Contract Law, Judges, Limitation, M.R. Shah, Specific Performance, U.P. Industrial Area Development Act, 1976, U.P. Industrial Area Development Act, 1976 with Section 6

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (2022) LEGAL ISSUE: Whether a writ petition seeking specific performance of a contract is maintainable after significant delay and whether a belated representation extends the period of limitation. CASE TYPE: Contract Law, Writ Jurisdiction Case Name: Surjeet Singh […]

Supreme Court Dismisses Plea for Specific Performance Due to Delay: Surjeet Singh Sahni vs. State of U.P. (28 February 2022) Read Post »

Supreme Court Denies Damages in Contract Dispute: Universal Petro Chemicals Ltd. vs. B.P. PLC (2022)

/ B.R. Gavai, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73, Judges, L. Nageswara Rao, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14, Specific Relief Act, 1963 with Section 21

Supreme Court Denies Damages in Contract Dispute: Universal Petro Chemicals Ltd. vs. B.P. PLC (2022) LEGAL ISSUE: Whether damages can be awarded in a suit for specific performance of contract when not specifically pleaded. CASE TYPE: Contract Law, Specific Relief Case Name: Universal Petro Chemicals Ltd. vs. B.P. PLC and Others Judgment Date: 18 February

Supreme Court Denies Damages in Contract Dispute: Universal Petro Chemicals Ltd. vs. B.P. PLC (2022) Read Post »

Specific Performance Denied: Supreme Court Orders Refund in Property Sale Case: Shenbagam vs. Rathinavel (20 January 2022)

/ AS Bopanna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order II Rule 2, Dhananjaya Y Chandrachud, Judges, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16, Specific Relief Act, 1963 with Section 20

Supreme Court Refuses Specific Performance, Orders Refund in Property Sale Dispute: Shenbagam vs. Rathinavel (2022) LEGAL ISSUE: Whether the plaintiff was “ready and willing” to perform their obligations in a contract for the sale of property, a prerequisite for specific performance. CASE TYPE: Civil (Specific Performance of Contract) Case Name: Shenbagam & Ors. vs. K.K.

Specific Performance Denied: Supreme Court Orders Refund in Property Sale Case: Shenbagam vs. Rathinavel (20 January 2022) Read Post »

Supreme Court Denies Specific Performance in Property Sale Dispute: Shenbagam & Ors. vs. KK Rathinavel (20 January 2022)

/ AS Bopanna, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order II Rule 2, Dhananjaya Y Chandrachud, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16, Specific Relief Act, 1963 with Section 20

Supreme Court Denies Specific Performance in Property Sale Dispute: Shenbagam & Ors. vs. KK Rathinavel (2022) LEGAL ISSUE: Whether the plaintiff in a suit for specific performance of a contract demonstrated continuous “readiness and willingness” to fulfill their obligations under the contract. CASE TYPE: Civil – Specific Performance of Contract Case Name: Shenbagam & Ors.

Supreme Court Denies Specific Performance in Property Sale Dispute: Shenbagam & Ors. vs. KK Rathinavel (20 January 2022) Read Post »

Specific Performance vs. Adverse Possession: Supreme Court Resolves Land Dispute in Seethakathi Trust Madras vs. Krishna Veni (2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Judges, M.M. Sundresh, Sanjay Kishan Kaul, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 19(b), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 3

Supreme Court Decision on Specific Performance and Adverse Possession: Seethakathi Trust Madras vs. Krishna Veni (2022) LEGAL ISSUE: Whether a decree for specific performance can be enforced against a subsequent bona fide purchaser who was not a party to the original suit. Also, the question of adverse possession on a small portion of land when

Specific Performance vs. Adverse Possession: Supreme Court Resolves Land Dispute in Seethakathi Trust Madras vs. Krishna Veni (2022) Read Post »

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Against Krishna Veni in Land Dispute (17 January 2022)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Judges, M.M. Sundresh, Sanjay Kishan Kaul, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 19(b), Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 3

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Against Krishna Veni in Land Dispute LEGAL ISSUE: Whether a decree of specific performance can be enforced against a bona fide purchaser who was not a party to the original suit. CASE TYPE: Property Law/Civil Case Name: Seethakathi Trust Madras vs. Krishna Veni Judgment Date: 17 January

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Against Krishna Veni in Land Dispute (17 January 2022) Read Post »

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Land Dispute

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 100, Constitutional Law, Constitutional Law with Article 300-A, Judges, M.M. Sundresh, Sanjay Kishan Kaul, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 19(b)

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Land Dispute LEGAL ISSUE: Whether a decree for specific performance can be enforced against a subsequent bona fide purchaser who was not a party to the original suit. CASE TYPE: Civil Property Dispute Case Name: Seethakathi Trust Madras vs. Krishna Veni Judgment Date: 17 January 2022 Date

Supreme Court Upholds Property Rights: Seethakathi Trust Wins Land Dispute Read Post »

Supreme Court clarifies the scope of Section 34 of the Specific Relief Act in property disputes: Akkamma vs Vemavathi (2021) INSC 724

/ Aniruddha Bose, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order II Rule 2, Declaration of Title, Injunction, Judges, L. Nageswara Rao, Property Law, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 34

Supreme Court clarifies the scope of Section 34 of the Specific Relief Act in property disputes: Akkamma vs Vemavathi (2021) INSC 724 LEGAL ISSUE: Whether a suit for declaration of title is maintainable when the plaintiff fails to prove possession but has claimed consequential relief of injunction. CASE TYPE: Property Law, Civil Case Name: Akkamma

Supreme Court clarifies the scope of Section 34 of the Specific Relief Act in property disputes: Akkamma vs Vemavathi (2021) INSC 724 Read Post »

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 »

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