Supreme Court awards compensation in lieu of specific performance after 60 years: Greater Ashoka vs. Kanti Prasad (2023) LEGAL ISSUE: Whether specific performance can be granted after a delay of 60 years in a land allotment case, or if compensation is a more appropriate remedy. CASE TYPE: Civil, Contract Law, Specific Performance Case Name: M/s […]
Supreme Court Upholds Assignability of Repurchase Rights in Conditional Sale: Indira Devi vs. Veena Gupta (2023) LEGAL ISSUE: Whether the right to repurchase a property in a conditional sale deed is personal to the vendor or can be assigned to another person. CASE TYPE: Civil Law, Property Law, Contract Law Case Name: Indira Devi vs.
Supreme Court Upholds Contractual Clause: Specific Performance Denied in Land Sale Dispute LEGAL ISSUE: Whether a clause in a sale agreement providing for double the advance payment as remedy for non-performance bars a decree for specific performance. CASE TYPE: Civil (Contract Law) Case Name: T.D. Vivek Kumar & Anr. vs. Ranbir Chaudhary [Judgment Date]: 28
Supreme Court clarifies specific performance in sale agreement: T.D. Vivek Kumar vs. Ranbir Chaudhary (2023) Date of the Judgment: 28 April 2023 Citation: 2023 INSC 462 Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a buyer demand specific performance of a sale agreement if the agreement itself stipulates a remedy for non-performance? The Supreme
Supreme Court quashes FIR in property dispute case: Sarabjit Kaur vs. State of Punjab (2023) LEGAL ISSUE: Whether a criminal prosecution for cheating can arise from a breach of contract in a property sale agreement. CASE TYPE: Criminal. Case Name: Sarabjit Kaur vs. The State of Punjab & Anr. [Judgment Date]: 1 March 2023 Introduction
Supreme Court Upholds Resumption of Industrial Plot Due to Non-Construction: Aman Semi-Conductors vs. Haryana State Industrial Development Corporation (2023) LEGAL ISSUE: Whether the Haryana State Industrial Development Corporation (HSIDC) was justified in resuming an industrial plot due to the allottee’s failure to construct and commence production within the stipulated time. CASE TYPE: Real Estate/Contract Law.
Supreme Court clarifies execution of decree in specific performance case: Sanwarlal Agrawal vs. Ashok Kumar Kothari (2023) LEGAL ISSUE: Whether an executing court can go beyond the decree and include aspects not explicitly mentioned in the decree based on pleadings and other documents. CASE TYPE: Civil, Specific Performance Case Name: Sanwarlal Agrawal & Ors. vs.
Supreme Court Upholds Dismissal of Specific Performance Suit Due to Delay and Violation of Himachal Pradesh Land Laws LEGAL ISSUE: Whether a delay in filing an appeal can be condoned, and whether a suit for specific performance can be granted when the initial agreement violates land transfer laws. CASE TYPE: Civil Case Name: Ajay Dabra
Supreme Court Restores Specific Performance Decree: Basavaraj vs. Padmavathi (2023) Date of the Judgment: January 05, 2023 Citation: 2023 INSC 19 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a trial court’s finding on the readiness and willingness of a buyer to perform a contract for sale, simply because
Supreme Court Restores Specific Performance Decree: Basavaraj vs. Padmavathi (2023) Read Post »
Supreme Court Restores Specific Performance Decree in Land Sale Dispute Date of the Judgment: 05 January 2023 Citation: (2023) INSC 17 Judges: M. R. Shah, J. and B.V. Nagarathna, J. Can a High Court overturn a Trial Court’s decision on the readiness and willingness of a buyer to purchase a property, especially when the buyer
Supreme Court Orders Fresh Trial on Readiness and Willingness in Specific Performance Suit Date of the Judgment: 09 November 2022 Citation: (2022) INSC 981 Judges: M.R. Shah, J. and M.M. Sundresh, J. In a case concerning a dispute over a property sale agreement, the Supreme Court of India addressed whether a lower court can dismiss
Supreme Court Upholds Specific Performance of Contract Despite Delay: P. Daivasigamani vs. S. Sambandan (2022) LEGAL ISSUE: Whether a suit for specific performance of a contract for the sale of immovable property can be decreed when there has been a delay in filing the suit, and whether the plaintiff has sufficiently demonstrated readiness and willingness
