Specific Relief Act, 1963

Supreme Court Restores Status Quo in Property Dispute: Tek Singh vs. Shashi Verma (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 115, Interlocutory Orders, Judges, R.F. Nariman, Revisional Jurisdiction, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 6, Vineet Saran

Supreme Court Restores Status Quo in Property Dispute: Tek Singh vs. Shashi Verma (2019) LEGAL ISSUE: Whether the High Court can interfere with concurrent findings of fact in a revision petition under Section 115 of the Code of Civil Procedure (CPC) when the order is interlocutory in nature. CASE TYPE: Civil Case Name: Tek Singh […]

Supreme Court Restores Status Quo in Property Dispute: Tek Singh vs. Shashi Verma (2019) Read Post »

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, Code of Civil Procedure with Forms 47 and 48, Indu Malhotra, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Specific Relief Act, 1963 with Section 20

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019) LEGAL ISSUE: Whether the plaintiff was ready and willing to perform his part of the contract for specific performance. CASE TYPE: Civil – Specific Performance of Contract Case Name: Kamal Kumar vs. Premlata Joshi & Ors. Judgment Date: January 07, 2019

Supreme Court Upholds Concurrent Findings on Specific Performance: Kamal Kumar vs. Premlata Joshi (2019) Read Post »

Supreme Court overturns High Court on land re-allotment: Nagpur Improvement Trust vs. Sheela Ramchandra Tikhe (2018)

/ A.K. Sikri, Ashok Bhushan, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 3, Nagpur Improvement Trust Act, 1936, Nagpur Improvement Trust Land Disposal Rules, 1955, Nagpur Improvement Trust Land Disposal Rules, 1983, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 39

Nagpur Improvement Trust vs. Sheela Ramchandra Tikhe: Supreme Court on Land Re-allotment Date of the Judgment: 31 October 2018 Citation: (2018) INSC 999 Judges: A.K. Sikri, J. and Ashok Bhushan, J. Can a landowner demand the re-allotment of their land after it has been acquired by a development authority? The Supreme Court of India recently

Supreme Court overturns High Court on land re-allotment: Nagpur Improvement Trust vs. Sheela Ramchandra Tikhe (2018) Read Post »

Supreme Court clarifies maintainability of injunction suits when title is disputed: Jharkhand State Housing Board vs. Didar Singh & Anr. (2018)

/ Bihar State Housing Board Act, Bihar State Housing Board Act with Section 62, Bihar State Housing Board Act with Section 92, Injunctions, Judges, Mohan M. Shantanagoudar, N.V. Ramana, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 38

Supreme Court clarifies maintainability of injunction suits when title is disputed: Jharkhand State Housing Board vs. Didar Singh & Anr. (2018) LEGAL ISSUE: Whether a suit for permanent injunction is maintainable when the defendant disputes the plaintiff’s title. CASE TYPE: Civil Law Case Name: Jharkhand State Housing Board vs. Didar Singh & Anr. [Judgment Date]:

Supreme Court clarifies maintainability of injunction suits when title is disputed: Jharkhand State Housing Board vs. Didar Singh & Anr. (2018) Read Post »

Specific Performance of Development Agreements: Supreme Court Rules on Developer’s Rights in Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018)

/ A.M. Khanwilkar, Breach of contract, Contract Law, Development Agreements, Dhananjaya Y. Chandrachud, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 14

Supreme Court Clarifies Specific Performance of Development Agreements: Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018) LEGAL ISSUE: Whether a developer can seek specific performance of a development agreement against the property owner under Section 14(3)(c) of the Specific Relief Act, 1963. CASE TYPE: Contract Law, Real Estate, Specific Performance Case Name: Sushil Kumar Agarwal vs.

Specific Performance of Development Agreements: Supreme Court Rules on Developer’s Rights in Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018) Read Post »

Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit: Jagjit Singh vs. Amarjit Singh (2018) INSC 763 (13 September 2018)

/ Breach of contract, Civil Procedure, Contract Law, Contractual Obligations, Deepak Gupta, Findings of Fact, Judges, Madan B. Lokur, Readiness and Willingness, Second Appeal, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c)

Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit Date of the Judgment: 13 September 2018 Citation: (2018) INSC 763 Judges: Madan B. Lokur, J., Deepak Gupta, J. Can a party seeking specific performance of a contract succeed if they fail to demonstrate continuous readiness and willingness to fulfill their obligations? The Supreme

Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit: Jagjit Singh vs. Amarjit Singh (2018) INSC 763 (13 September 2018) Read Post »

Supreme Court Upholds Dismissal of Specific Performance Suit: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (2018)

/ A.M. Khanwilkar, Burden of Proof, Contract Law, D.Y. Chandrachud, Dipak Misra, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 114, Judges, Specific Performance, Specific Relief Act, 1963

Supreme Court Upholds Dismissal of Specific Performance Suit: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (2018) LEGAL ISSUE: Whether a suit for specific performance can be decreed when the execution of the underlying agreement is not proven. CASE TYPE: Civil (Specific Performance) Case Name: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (Dead) by

Supreme Court Upholds Dismissal of Specific Performance Suit: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (2018) Read Post »

Supreme Court Refuses Anti-Suit Injunction in Matrimonial Dispute: Dinesh Singh Thakur vs. Sonal Thakur (17 April 2018)

/ Hindu Marriage Act, 1955, Hindu Marriage Act, 1955 with Section 13, Hindu Marriage Act, 1955 with Section 26, Injunctions, Judges, R. Banumathi, R.K. Agrawal, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 41

Supreme Court Refuses Anti-Suit Injunction in Matrimonial Dispute: Dinesh Singh Thakur vs. Sonal Thakur LEGAL ISSUE: Whether an Indian court can grant an anti-suit injunction to restrain a party from pursuing a divorce petition in a foreign court when a divorce petition is already pending in India. CASE TYPE: Matrimonial Dispute, Civil Case Name: Dinesh

Supreme Court Refuses Anti-Suit Injunction in Matrimonial Dispute: Dinesh Singh Thakur vs. Sonal Thakur (17 April 2018) Read Post »

Supreme Court Upholds Specific Performance of Contract in Land Dispute: Shivaji Yallappa Patil vs. Sri Ranajeet Appasaheb Patil (2018)

/ Abhay Manohar Sapre, Judges, Part Performance, R.K. Agrawal, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 20, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 53A

Supreme Court Upholds Specific Performance of Contract in Land Dispute: Shivaji Yallappa Patil vs. Sri Ranajeet Appasaheb Patil (2018) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted when the purchaser is in possession of the land, despite a subsequent sale to a third party. CASE

Supreme Court Upholds Specific Performance of Contract in Land Dispute: Shivaji Yallappa Patil vs. Sri Ranajeet Appasaheb Patil (2018) Read Post »

Supreme Court Denies Specific Performance of Sale Agreement in Property Dispute: Baxis Singh vs. Sukhdev Singh (2018)

/ Code of Criminal Procedure, Code of Criminal Procedure with Section 145, Judges, N.V. Ramana, Rajasthan Tenancy Act, Rajasthan Tenancy Act with Section 183, S. Abdul Nazeer, Sale Agreement, Specific Performance, Specific Relief Act, 1963

Supreme Court Denies Specific Performance of Sale Agreement in Property Dispute: Baxis Singh vs. Sukhdev Singh (2018) LEGAL ISSUE: Whether a sale agreement can be specifically enforced when the seller’s title to the property is disputed and another party is found to be the owner by a competent court. CASE TYPE: Civil Property Dispute Case

Supreme Court Denies Specific Performance of Sale Agreement in Property Dispute: Baxis Singh vs. Sukhdev Singh (2018) Read Post »

Supreme Court Reverses Specific Performance Decree: Meenakshisundaram vs. Vijayakumar (2018)

/ Contract Law, Judges, R. Banumathi, Readiness and Willingness, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Uday Umesh Lalit

Supreme Court Reverses Specific Performance Decree: Meenakshisundaram vs. Vijayakumar (2018) Date of the Judgment: March 28, 2018 Citation: (2018) INSC 237 Judges: R. Banumathi, J., Uday Umesh Lalit, J. Can a buyer obtain specific performance of a sale agreement if they fail to demonstrate continuous readiness and willingness to complete the purchase? The Supreme Court

Supreme Court Reverses Specific Performance Decree: Meenakshisundaram vs. Vijayakumar (2018) Read Post »

Supreme Court overturns High Court in property sale dispute: Dalip Singh vs. Bhupinder Kaur (2018)

/ Burden of Proof, Deepak Gupta, Evidence Law, Judges, Madan B. Lokur, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Specific Performance

Supreme Court overturns High Court in property sale dispute: Dalip Singh vs. Bhupinder Kaur (2018) LEGAL ISSUE: Whether the High Court was correct in overturning the concurrent findings of fact by the trial court and the lower appellate court regarding an agreement to sell. CASE TYPE: Civil Appeal (Specific Performance of Contract) Case Name: Dalip

Supreme Court overturns High Court in property sale dispute: Dalip Singh vs. Bhupinder Kaur (2018) Read Post »

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