Specific Performance

Supreme Court Denies Specific Performance for Lack of Proven Financial Readiness: Ritu Saxena vs. J.S. Grover (2019)

/ Contract Law, Hemant Gupta, Judges, L. Nageswara Rao, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c)

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 Denies Specific Performance for Lack of Proven Financial Readiness: Ritu Saxena vs. J.S. Grover (2019) Read Post »

Supreme Court Upholds Housing Board’s Allotment Price After Acceptance: Bihar State Housing Board vs. Radha Ballabh Health Care (2019)

/ Constitutional Law, Constitutional Law with Article 14, Contract Law, Estoppel, Fundamental Rights, Hemant Gupta, Judges, L. Nageswara Rao, Public Property Allotment, 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 Upholds Housing Board’s Allotment Price After Acceptance: Bihar State Housing Board vs. Radha Ballabh Health Care (2019) Read Post »

Supreme Court Denies Specific Performance to Vendee for Non-Payment of Rent: Surinder Kaur vs. Bahadur Singh (2019)

/ Aniruddha Bose, Deepak Gupta, Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 51, Judges, Reciprocal Promises, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 16(c), Specific Relief Act, 1963 with Section 20

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 Denies Specific Performance to Vendee for Non-Payment of Rent: Surinder Kaur vs. Bahadur Singh (2019) Read Post »

Supreme Court Clarifies Execution of Specific Performance Decrees After Appeal: Surinder Pal Soni vs. Sohan Lal (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 41 Rule 5, Dhananjaya Y Chandrachud, Execution of Decree, Indira Banerjee, Judges, Specific Performance, Specific Relief Act, 1963, Specific Relief Act, 1963 with Section 28

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 Clarifies Execution of Specific Performance Decrees After Appeal: Surinder Pal Soni vs. Sohan Lal (2019) Read Post »

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 Plaintiff’s Right to Choose Parties in Specific Performance Suit: Gurmit Singh Bhatia vs. Kiran Kant Robinson (2019)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 1 Rule 10, Contract Law, D.Y. Chandrachud, Impleadment of Parties, Judges, M.R. Shah, Specific Performance

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

Supreme Court Upholds Plaintiff’s Right to Choose Parties in Specific Performance Suit: Gurmit Singh Bhatia vs. Kiran Kant Robinson (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 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 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 »

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