Specific Relief Act, 1963

Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018)

Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018) LEGAL ISSUE: Whether compensation can be awarded in lieu of specific performance of a contract when the subject matter of the contract is acquired by the government. CASE TYPE: Civil Case Name: Urmila Devi and Others vs. The […]

Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018) Read Post »

Supreme Court Dismisses Specific Performance Suit Due to Lack of Ownership and Authority: Dharmabiri Rana vs. Pramod Kumar Sharma (2017) INSC 839

LEGAL ISSUE: Whether a suit for specific performance of a contract can be decreed when the defendants deny ownership of the property and the authority of the alleged power of attorney holder. CASE TYPE: Civil – Specific Performance of Contract Case Name: Dharmabiri Rana vs. Pramod Kumar Sharma (D) Thr. Lrs. & Anr. Judgment Date:

Supreme Court Dismisses Specific Performance Suit Due to Lack of Ownership and Authority: Dharmabiri Rana vs. Pramod Kumar Sharma (2017) INSC 839 Read Post »

Supreme Court Upholds Right to Sue for Declaration of Marital Status: Samar Kumar Roy vs. Jharna Bera (2017)

LEGAL ISSUE: Can a legal heir continue a suit for declaration of marital status after the death of the original plaintiff? CASE TYPE: Civil Law, Specific Relief Case Name: Samar Kumar Roy (D) Through LR (Mother) vs. Jharna Bera Judgment Date: 05 September 2017 Date of the Judgment: 05 September 2017 Citation: (2017) INSC 790

Supreme Court Upholds Right to Sue for Declaration of Marital Status: Samar Kumar Roy vs. Jharna Bera (2017) Read Post »

Supreme Court clarifies land acquisition impact on earnest money forfeiture in property sale agreements: Ramesh Chand vs. Tanmay Developers (2017) INSC 370 (26 April 2017)

Can a land acquisition nullify the forfeiture of earnest money in a prior agreement to sell? The Supreme Court of India addressed this question in a recent case, clarifying the interplay between land acquisition proceedings and private contracts. This judgment highlights the importance of civil suits in resolving contractual disputes, especially when land is acquired

Supreme Court clarifies land acquisition impact on earnest money forfeiture in property sale agreements: Ramesh Chand vs. Tanmay Developers (2017) INSC 370 (26 April 2017) Read Post »

Supreme Court Upholds Temple’s Ownership in Land Dispute: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors (2017)

LEGAL ISSUE: Whether the High Court erred in reversing the concurrent findings of the trial court and appellate court regarding the ownership and possession of the suit property. CASE TYPE: Civil Property Dispute Case Name: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors Judgment Date: 10 February 2017 Introduction Date of the

Supreme Court Upholds Temple’s Ownership in Land Dispute: Executive Officer, Arulmigu Chokkanatha Swamy Koil Trust vs. Chandran & Ors (2017) Read Post »

Supreme Court clarifies property sale order in Specific Performance Case: Satya Jain vs. Anis Ahmed Rushdie (2013) INSC 371 (8 May 2013)

Date of the Judgment: 8 May 2013 Citation: (2013) INSC 371 Judges: P. Sathasivam, J., Ranjan Gogoi, J. Can a court modify its final order after it has been passed? The Supreme Court addressed this question when it was asked to clarify its earlier order regarding the sale of a property. This case involves a

Supreme Court clarifies property sale order in Specific Performance Case: Satya Jain vs. Anis Ahmed Rushdie (2013) INSC 371 (8 May 2013) Read Post »

Supreme Court Upholds Denial of Specific Performance in Property Dispute: S. Abdul Khader vs. Abdul Wajid (2008)

Date of the Judgment: 11 September 2008 Judges: Altamas Kabir, J., Markandey Katju, J. In a dispute over the specific performance of a sale agreement, can a court enforce the agreement if the seller lacked the authority to enter into it? The Supreme Court of India addressed this critical question in the case of S.

Supreme Court Upholds Denial of Specific Performance in Property Dispute: S. Abdul Khader vs. Abdul Wajid (2008) Read Post »

Supreme Court settles Specific Performance of Contract in light of Urban Land Ceiling Act: M. Meenakshi & Ors vs. Metadin Agarwal (29 August 2006)

Introduction Date of the Judgment: 29 August 2006 Citation: Appeal (civil) 2023 of 2004 Judges: S.B. Sinha & Dalveer Bhandari Can a court enforce a contract for the sale of land when the required permissions under the Urban Land (Ceiling & Regulation) Act, 1976 (ULCRA) have been denied? This question was at the heart of

Supreme Court settles Specific Performance of Contract in light of Urban Land Ceiling Act: M. Meenakshi & Ors vs. Metadin Agarwal (29 August 2006) Read Post »

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