Supreme Court Upholds Specific Performance of Agreement to Sell: Sughar Singh vs. Hari Singh (2021) LEGAL ISSUE: Whether a suit for specific performance can be dismissed for lack of specific averments of readiness and willingness and whether the discretionary power under Section 20 of the Specific Relief Act, 1963 can be used to deny the […]
Supreme Court Reverses High Court in Specific Performance Suit: Karuppuraj vs. Ganesan (2021) LEGAL ISSUE: Whether a plaintiff can be granted specific performance of a contract when they were not initially willing to purchase the property with existing tenants, and later change their stance during the first appeal. CASE TYPE: Civil Suit – Specific Performance
Supreme Court Upholds Specific Performance of Sale Agreements: A.R. Madana Gopal vs. Ramnath Publications (2021) LEGAL ISSUE: Whether a delay in seeking specific performance of a sale agreement after the disposal of a related writ petition is fatal to the case, especially when the agreement stipulated payment at the time of registration of sale deeds.
Supreme Court Upholds Specific Performance in Land Sale Dispute Despite Urban Land Ceiling Act: Ferrodous Estates vs. P. Gopirathnam (2020) Date of the Judgment: 12 October 2020 Citation: (2020) INSC 725 Judges: R.F. Nariman, J., Navin Sinha, J. Can a seller avoid a land sale agreement by claiming it violates the Urban Land Ceiling Act,
Supreme Court clarifies execution of arbitration award for land price fixation: Rajasthan Udyog vs. Hindustan Engineering (2020) INSC 257 LEGAL ISSUE: Whether an arbitration award that determines compensation for land under an agreement for sale can be executed as a suit for specific performance when the arbitration was only for price fixation. CASE TYPE: Arbitration
Supreme Court Clarifies Specific Performance in Property Reconveyance: C.S. Venkatesh vs. A.S.C. Murthy (2020) LEGAL ISSUE: Whether a sale deed can be considered as security for a loan, and the requirements for proving readiness and willingness in a specific performance suit for reconveyance of property. CASE TYPE: Civil (Specific Performance) Case Name: C.S. Venkatesh vs.
Supreme Court Denies Specific Performance, Orders Compensation in Land Sale Dispute: Sukhwinder Singh vs. Jagroop Singh (2020) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted when the plaintiff has not proven readiness and willingness to perform their part of the contract, and a third party
Supreme Court Upholds High Court Decision on Temporary Injunction in Property Dispute: Saketa Vaksana LLP vs. Kaukutla Sarala (2019) LEGAL ISSUE: Whether a temporary injunction should be granted in a property dispute where possession and payment of consideration are contested. CASE TYPE: Civil Property Dispute Case Name: Saketa Vaksana LLP & Anr. vs. Kaukutla Sarala
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 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 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
