Supreme Court Remands Specific Performance Case Due to Unreasoned High Court Order: G. Saraswathi vs. Rathinammal (2018) LEGAL ISSUE: Whether the High Court’s dismissal of a Letters Patent Appeal without providing reasons is legally sound. CASE TYPE: Civil Appeal regarding Specific Performance of an Agreement. Case Name: G. Saraswathi & Anr. vs. Rathinammal & Ors. […]
Supreme Court awards compensation in lieu of specific performance: Urmila Devi vs. Mandir Shree Chamunda Devi (2018) LEGAL ISSUE: Whether compensation can be awarded in lieu of specific performance of a contract when the subject matter of the contract is acquired by the government. CASE TYPE: Civil Case Name: Urmila Devi and Others vs. The
LEGAL ISSUE: Whether a suit for declaration and mandatory injunction is maintainable based on an unproven agreement to sell and an unproven will. CASE TYPE: Civil Law – Property Dispute Case Name: Suresh Kumar through GPA vs. Anil Kakaria & Ors. Judgment Date: November 6, 2017 Introduction Date of the Judgment: November 6, 2017 Citation:
LEGAL ISSUE: Whether an assignee can be impleaded in a suit for specific performance after an inordinate delay. CASE TYPE: Civil – Specific Performance. Case Name: Life Insurance Corporation of India vs. Sanjeev Builders Pvt. Ltd. And Ors. [Judgment Date]: 24 October 2017 Date of the Judgment: 24 October 2017 Citation: Civil Appeal No. of
Can a prior agreement to sell property be nullified by a subsequent sale? The Supreme Court of India addressed this question in a case involving a dispute over a house sale agreement. The Court examined the validity of competing agreements and the readiness of the parties to fulfill their obligations. This case highlights the importance
LEGAL ISSUE: Whether a suit for specific performance of a contract can be decreed when the defendants deny ownership of the property and the authority of the alleged power of attorney holder. CASE TYPE: Civil – Specific Performance of Contract Case Name: Dharmabiri Rana vs. Pramod Kumar Sharma (D) Thr. Lrs. & Anr. Judgment Date:
Can a land acquisition nullify the forfeiture of earnest money in a prior agreement to sell? The Supreme Court of India addressed this question in a recent case, clarifying the interplay between land acquisition proceedings and private contracts. This judgment highlights the importance of civil suits in resolving contractual disputes, especially when land is acquired
Date of the Judgment: 8 May 2013 Citation: (2013) INSC 371 Judges: P. Sathasivam, J., Ranjan Gogoi, J. Can a court modify its final order after it has been passed? The Supreme Court addressed this question when it was asked to clarify its earlier order regarding the sale of a property. This case involves a
