Supreme Court Upholds Bar on Specific Performance Suit Due to Prior Injunction Suit: Vurimi Pullarao vs. Vemari Vyankata Radharani (2019) LEGAL ISSUE: Whether a subsequent suit for specific performance is barred under Order 2 Rule 2 of the Code of Civil Procedure, 1908 if a prior suit for injunction was filed without seeking leave of […]
Supreme Court clarifies assignment of contract rights in property sale: Kapilaben vs. Ashok Kumar (2019) LEGAL ISSUE: Whether a contract for sale of property can be assigned to a third party without the consent of the original seller? CASE TYPE: Civil Law – Specific Performance Case Name: Kapilaben & Ors. vs. Ashok Kumar Jayantilal Sheth
Supreme Court overturns High Court order on impounding unstamped agreement: Terai Tea Company vs. Kumkum Mittal (2019) Date of the Judgment: October 22, 2019 Citation: 2019 INSC 1170 Judges: Mohan M. Shantanagoudar, J. and Ajay Rastogi, J. Can a court order the impounding of a document for insufficient stamp duty even after a decree based
Supreme Court Upholds Company’s Right to Recover Property from Ex-Director: Hooghly Mills Company Ltd. vs. State of West Bengal (2019) LEGAL ISSUE: Whether a company can recover property from a former director under Section 630 of the Companies Act, 1956, even if a civil suit regarding the same property is pending. CASE TYPE: Criminal Case
Supreme Court on Readiness and Willingness in Specific Performance Suits: Ravi Setia vs. Madan Lal (2019) Date of the Judgment: October 4, 2019 Citation: [Not Available in Source] Judges: Navin Sinha, J., Indira Banerjee, J. Can a party seeking specific performance of a contract be denied relief if they fail to demonstrate continuous readiness and
Supreme Court overturns Specific Performance Decree due to lack of Readiness and Willingness: Mohinder Kaur vs. Sant Paul Singh (2019) Date of the Judgment: October 1, 2019 Citation: Not Available Judges: Navin Sinha, J. and Indira Banerjee, J. Can a suit for specific performance be decreed if the plaintiff fails to demonstrate their readiness and
Supreme Court Upholds Specific Performance of Land Sale Agreement: Leeladhar vs. Vijay Kumar (2019) LEGAL ISSUE: Whether specific performance of a land sale agreement can be granted when the seller claims the agreement was a sham document. CASE TYPE: Civil (Specific Performance) Case Name: Leeladhar (D) Thr. Lrs. vs. Vijay Kumar (D) Thr. Lrs. &
Supreme Court Denies Specific Performance for Lack of Proven Financial Readiness: Ritu Saxena vs. J.S. Grover (2019) LEGAL ISSUE: Whether a plaintiff seeking specific performance of a contract for sale of immovable property has demonstrated sufficient readiness and willingness to perform their part of the contract, particularly regarding financial capacity. CASE TYPE: Civil (Specific Performance)
Supreme Court Upholds Housing Board’s Allotment Price After Acceptance: Bihar State Housing Board vs. Radha Ballabh Health Care (2019) LEGAL ISSUE: Whether a party can dispute an allotment price after accepting it multiple times and entering into a formal agreement. CASE TYPE: Real Estate/Contract Law Case Name: The Bihar State Housing Board & Ors. vs.
Supreme Court Denies Specific Performance to Vendee for Non-Payment of Rent: Surinder Kaur vs. Bahadur Singh (2019) LEGAL ISSUE: Whether a vendee who fails to fulfill a promise in a contract can be granted specific performance of that contract. CASE TYPE: Contract Law, Specific Performance Case Name: Surinder Kaur (D) Thr. Lr. Jasinderjit Singh (D)
Supreme Court Clarifies Execution of Specific Performance Decrees After Appeal: Surinder Pal Soni vs. Sohan Lal (2019) LEGAL ISSUE: Whether a decree for specific performance from a trial court merges with the decree of the appellate court, and if so, what impact it has on the execution of the decree, particularly concerning time limits for
Supreme Court Upholds Plaintiff’s Right to Choose Parties in Specific Performance Suit Date of the Judgment: July 17, 2019 Citation: Civil Appeal Nos. 5522-5523 of 2019 Judges: Dr. D.Y. Chandrachud, J., M.R. Shah, J. Can a third party, who purchased a property during the pendency of a suit for specific performance, be added as a
