Specific Relief Act, 1963

Supreme Court Upholds Specific Performance Decree Despite Lack of Vakalatnama: Shree Chaitanya Constructions vs. Sudhir Poonamchand Parakh & Ors. (2019)

/ Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order III, Contract Act, Judges, R.F. Nariman, Sanjiv Khanna, Specific Performance, Surya Kant

Supreme Court Upholds Specific Performance Decree Despite Lack of Vakalatnama: Shree Chaitanya Constructions vs. Sudhir Poonamchand Parakh & Ors. (2019) LEGAL ISSUE: Whether a decree for specific performance can be set aside solely on the ground that the advocate who appeared on behalf of a party did not have a written Vakalatnama, especially when the […]

Supreme Court Upholds Specific Performance Decree Despite Lack of Vakalatnama: Shree Chaitanya Constructions vs. Sudhir Poonamchand Parakh & Ors. (2019) Read Post »

Supreme Court Upholds Specific Performance of Sale Agreement: R Lakshmikantham vs Devaraji (2019)

/ Agreement to Sell, Contract Law, Judges, R.F. Nariman, Readiness and Willingness, Specific Performance, Surya Kant, Time is of the Essence, Transfer of Property Act, 1882

Supreme Court Upholds Specific Performance of Sale Agreement: R Lakshmikantham vs Devaraji (2019) LEGAL ISSUE: Whether time was of the essence in a sale agreement and whether the plaintiff was ready and willing to perform his part of the contract. CASE TYPE: Civil – Specific Performance of Contract Case Name: R Lakshmikantham vs Devaraji [Judgment

Supreme Court Upholds Specific Performance of Sale Agreement: R Lakshmikantham vs Devaraji (2019) Read Post »

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019)

/ Constitutional Law, Constitutional Law with Article 14, Contract Act, Contract Act with Transfer of booking amount, Judges, R. Banumathi, R. Subhash Reddy, Specific Performance

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019) LEGAL ISSUE: Whether a person can claim allotment of a market gala based on a transfer of booking amount from another person, and the process for allotting market galas when multiple claimants are eligible. CASE TYPE: Civil – Market

Supreme Court Resolves Allotment of Market Gala: Hande Wavare & Co. vs. Ramchandra Vitthal Dongre (2019) Read Post »

Supreme Court Upholds Specific Performance of Agreement to Sell: Beemaneni Maha Lakshmi vs. Gangumalla Appa Rao (2019)

/ Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Breach of contract, Contract Law, Judges, L. Nageswara Rao, Land Ceiling, M.R. Shah, Specific Performance, Specific Relief Act, 1963

Supreme Court Upholds Specific Performance of Agreement to Sell: Beemaneni Maha Lakshmi vs. Gangumalla Appa Rao (2019) LEGAL ISSUE: Whether a decree for specific performance of a sale agreement can be granted when the vendor fails to fulfill their obligations under the agreement. CASE TYPE: Civil – Specific Performance Case Name: Beemaneni Maha Lakshmi vs.

Supreme Court Upholds Specific Performance of Agreement to Sell: Beemaneni Maha Lakshmi vs. Gangumalla Appa Rao (2019) Read Post »

Supreme Court Rejects Judgment on Admissions in Property Dispute: Hari Steel vs. Daljit Singh (2019)

/ Civil Procedure Code, Civil Procedure Code with Order XII Rule 6, Judges, R. Banumathi, R. Subhash Reddy, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16

Supreme Court Rejects Judgment on Admissions in Property Dispute: Hari Steel vs. Daljit Singh (2019) LEGAL ISSUE: Whether a judgment on admissions can be granted based on disputed facts and allegations of forgery in a specific performance suit. CASE TYPE: Civil – Specific Performance of Contract Case Name: Hari Steel and General Industries Ltd. &

Supreme Court Rejects Judgment on Admissions in Property Dispute: Hari Steel vs. Daljit Singh (2019) Read Post »

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019)

/ Civil Procedure, Contract Law, Dhananjaya Y. Chandrachud, Evidence Act, Hemant Gupta, Judges, Pleadings, Readiness and Willingness, Specific Performance

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) LEGAL ISSUE: Whether specific performance of a sale agreement should be granted when the buyer fails to prove readiness and willingness to perform their part of the contract and has not provided sufficient evidence of payments made beyond the initial

Supreme Court Denies Specific Performance, Orders Refund in Property Sale Dispute: Ravankar vs. Raikar (2019) Read Post »

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019)

/ Breach of contract, Competition Act, 2002 with Section 53T, Competition Law, Contract Law, Judges, L. Nageswara Rao, Monopolies and Restrictive Trade Practices Act, 1969 with Section 55, Ranjan Gogoi, Sanjiv Khanna, Specific Performance, Unfair Trade Practices

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019) LEGAL ISSUE: Whether a seller can forfeit the earnest money when a buyer defaults on payments in a property sale agreement. CASE TYPE: Real Estate/Property Law, Competition Law Case Name: Sudha Gupta vs. DLF Ltd. Judgment Date: 7th

Supreme Court rules against forfeiture of earnest money in property dispute: Sudha Gupta vs. DLF Ltd. (2019) Read Post »

Supreme Court Dismisses Specific Performance Suit Due to Limitation and Lack of Readiness: Urvashi Aggarwal vs. Kushagr Ansal (2019)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 55, Indian Contract Act, 1872 with Section 63, Judges, L. Nageswara Rao, Limitation Act, 1963, Limitation Act, 1963 with Article 54, Mohan M. Shantanagoudar, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c)

Supreme Court Dismisses Specific Performance Suit Due to Limitation and Lack of Readiness: Urvashi Aggarwal vs. Kushagr Ansal (2019) LEGAL ISSUE: Whether a suit for specific performance of a sale agreement is barred by limitation if filed after three years from the date fixed for performance, and whether the plaintiffs demonstrated readiness and willingness to

Supreme Court Dismisses Specific Performance Suit Due to Limitation and Lack of Readiness: Urvashi Aggarwal vs. Kushagr Ansal (2019) Read Post »

Supreme Court overturns injunction in property dispute: Balkrishna vs. Balkrishna (2019)

/ Injunction, Judges, Property Law, R. Banumathi, R. Subhash Reddy, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 38, Tenancy Rights

Supreme Court overturns injunction in property dispute: Balkrishna vs. Balkrishna (2019) LEGAL ISSUE: Whether a permanent injunction can be granted to a person who has not proven actual possession of the property and has not paid rent. CASE TYPE: Civil dispute regarding property and tenancy rights. Case Name: Balkrishna Dattatraya Galande vs. Balkrishna Rambharose Gupta

Supreme Court overturns injunction in property dispute: Balkrishna vs. Balkrishna (2019) Read Post »

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 Specific Performance of Agreement: Vijay A. Mittal vs. Kulwant Rai (28 January 2019)

/ Abhay Manohar Sapre, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 22 Rule 4(2), Hindu Law, Hindu Undivided Family, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 65, Indu Malhotra, Judges, Karta, Specific Performance

Supreme Court Upholds Specific Performance of Agreement: Vijay A. Mittal vs. Kulwant Rai (2019) LEGAL ISSUE: Whether a sale agreement entered into by the Karta of a Hindu Undivided Family (HUF) is binding on the family and whether a subsequent sale to a third party can be nullified in a suit for specific performance. CASE

Supreme Court Upholds Specific Performance of Agreement: Vijay A. Mittal vs. Kulwant Rai (28 January 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 »

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