Supreme Court Reverses Specific Performance Decree: R. Kandasamy vs. T.R.K. Sarawathy (2024) LEGAL ISSUE: Whether the buyer was ready and willing to perform her part of the contract in a suit for specific performance of a sale agreement. CASE TYPE: Civil, Specific Performance Case Name: R. Kandasamy (Since Dead) & Ors. vs. T.R.K. Sarawathy & […]
Supreme Court Reverses High Court in Specific Performance Suit: Janardan Das vs. Durga Prasad Agarwalla (2024) LEGAL ISSUE: Whether a suit for specific performance of a contract can be decreed when the plaintiff fails to prove continuous readiness and willingness to perform their part of the contract, and when the agreement was executed by an
Supreme Court Upholds Partial Refund in Property Sale Dispute: R. Radhakrishna Prasad vs. Swaminathan & Anr. (2024) LEGAL ISSUE: Whether the High Court was correct in modifying the Trial Court’s decree regarding the refund of the advance sale consideration in a suit for specific performance. CASE TYPE: Civil Case Name: R. Radhakrishna Prasad vs. Swaminathan
Specific Performance Denied: Supreme Court Upholds Decision in Property Sale Dispute (2024) LEGAL ISSUE: Whether specific performance can be granted for a property sale agreement when the plaintiff’s conduct involves misrepresentation and suppression of facts. CASE TYPE: Civil (Property Law, Specific Performance) Case Name: Major Gen. Darshan Singh (D) By Lrs. & Anr. vs. Brij
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 Overturns High Court in Specific Performance Case: C. Haridasan vs. Anappath Parakkattu Vasudeva Kurup (2023) LEGAL ISSUE: Whether a court should grant specific performance of a contract for the sale of land where the buyer has not paid the full consideration or taken steps to fulfill their obligations under the contract. CASE TYPE:
Supreme Court Upholds Specific Performance Decree, Orders Additional Payment: C. Haridasan vs. Anappath Parakkattu Vasudeva Kurup (2023) LEGAL ISSUE: Whether a decree for specific performance of a contract for sale of land can be granted, and what considerations should guide the court’s discretion, especially when the market value of the property has increased. CASE TYPE:
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
Supreme Court Upholds Specific Performance of Agreement to Sell: P. Ramasubbamma vs. V. Vijayalakshmi & Ors. (2022) LEGAL ISSUE: Whether a decree for specific performance of an agreement to sell can be granted when a subsequent sale deed has been executed, and whether it is necessary to seek cancellation of the subsequent sale deed in
Supreme Court Denies Specific Performance in Property Sale Dispute: Shenbagam & Ors. vs. KK Rathinavel (2022) LEGAL ISSUE: Whether the plaintiff in a suit for specific performance of a contract demonstrated continuous “readiness and willingness” to fulfill their obligations under the contract. CASE TYPE: Civil – Specific Performance of Contract Case Name: Shenbagam & Ors.
Supreme Court Refuses Specific Performance, Orders Refund in Property Sale Dispute: Shenbagam vs. Rathinavel (2022) LEGAL ISSUE: Whether the plaintiff was “ready and willing” to perform their obligations in a contract for the sale of property, a prerequisite for specific performance. CASE TYPE: Civil (Specific Performance of Contract) Case Name: Shenbagam & Ors. vs. K.K.
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
