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 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 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 Validity of Wills in Property Dispute: Sunkara Lakshminarasamma vs. Sagi Subba Raju (2018) LEGAL ISSUE: Validity of Wills and property rights. CASE TYPE: Civil (Property Partition and Specific Performance) Case Name: Sunkara Lakshminarasamma (D) By LRs. vs. Sagi Subba Raju & Others Judgment Date: 28 November 2018 Date of the Judgment: 28
Supreme Court Upholds Dismissal of Suit for Declaration and Specific Performance: Rakesh Malhotra vs. Kamaljit Singh Sandhu (2018) LEGAL ISSUE: Whether a suit for declaration of ownership and possession can be decreed in the absence of a prayer for specific performance of an agreement to sell, and whether such a suit is barred by limitation.
Supreme Court orders expedited trial on ancestral property dispute in specific performance case: Harnek Singh vs Hukam Chand (25 October 2018) LEGAL ISSUE: Whether a suit for specific performance should be decided when a related suit concerning the nature of the property is pending. CASE TYPE: Civil, Specific Performance, Property Law Case Name: Harnek Singh(Dead)
Supreme Court Clarifies Specific Performance of Development Agreements: Sushil Kumar Agarwal vs. Meenakshi Sadhu (2018) LEGAL ISSUE: Whether a developer can seek specific performance of a development agreement against the property owner under Section 14(3)(c) of the Specific Relief Act, 1963. CASE TYPE: Contract Law, Real Estate, Specific Performance Case Name: Sushil Kumar Agarwal vs.
Supreme Court Upholds Readiness and Willingness Requirement in Specific Performance Suit Date of the Judgment: 13 September 2018 Citation: (2018) INSC 763 Judges: Madan B. Lokur, J., Deepak Gupta, J. Can a party seeking specific performance of a contract succeed if they fail to demonstrate continuous readiness and willingness to fulfill their obligations? The Supreme
Supreme Court Upholds Dismissal of Specific Performance Suit: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (2018) LEGAL ISSUE: Whether a suit for specific performance can be decreed when the execution of the underlying agreement is not proven. CASE TYPE: Civil (Specific Performance) Case Name: Lakshmi Sreenivasa Cooperative Building Society vs. Puvvada Rama (Dead) by
Supreme Court Upholds Specific Performance of Contract in Land Dispute: Shivaji Yallappa Patil vs. Sri Ranajeet Appasaheb Patil (2018) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted when the purchaser is in possession of the land, despite a subsequent sale to a third party. CASE
Supreme Court Denies Specific Performance of Sale Agreement in Property Dispute: Baxis Singh vs. Sukhdev Singh (2018) LEGAL ISSUE: Whether a sale agreement can be specifically enforced when the seller’s title to the property is disputed and another party is found to be the owner by a competent court. CASE TYPE: Civil Property Dispute Case
Supreme Court Reverses Specific Performance Decree: Meenakshisundaram vs. Vijayakumar (2018) Date of the Judgment: March 28, 2018 Citation: (2018) INSC 237 Judges: R. Banumathi, J., Uday Umesh Lalit, J. Can a buyer obtain specific performance of a sale agreement if they fail to demonstrate continuous readiness and willingness to complete the purchase? The Supreme Court
