Specific Relief Act
SPECIFIC PERFORMANCE OF AGREEMENT TO SELL – With regard to agreement for sale of immovable property – Its specific performance should normally be granted.[PLRonline 410684]
SPECIFIC PERFORMANCE OF AGREEMENT TO SELL - Cannot be denied to the plaintiff for the reason that necessary formalities with...
Read moreSpecific Performance of Contract and Damages – In long-standing property disputes where specific performance is no longer feasible, by awarding substantial damages, the court has recognized the significant time lapse and the consequent change in the property’s value, ensuring fair compensation to the respondent for the prolonged wait and legal battle.(2023-4)212 PLR 286 (SC)
Specific Performance of Contract and Damages 1. Nature of Suit: The case involved a suit for specific performance of a...
Read moreCourt Fee Act S. 16 – CPC S. 89 – Specific Relief Act S. 38 – Emphasize the legislature’s effort to settle cases through alternative dispute resolution mechanisms – Settlement – Refund of court fees even if not asked for. [PLRonline 318802 (P&H)]
2015 PLRonline 0207 (P&H) PUNJAB AND HARYANA HIGH COURT Before:- Justice Bharat Bhushan Parsoon. Pradeep Sonawat - Petitioner Versus Satish...
Read moreCPC Order 1 Rule 10 – Strangers to a contract – Two tests – Specific Relief Act, 1963, Section 19 (a) to (e). SupremeCourtOnline [ID 219800 (SC)]
CPC Order 1 Rule 10 - Strangers to a contract Strangers to a contract who make independent and adverse claims...
Read moreSpecific Relief Act S. 13 – This right of the plaintiff is secured by Section 13 of the Act which entitles the plaintiff to ask the vendor to clear his title; if he does not have the requisite title; to pass on to the vendee. [PLRonline 311090]
LogIn to download judgment and Full headnote / PLRonline 311090 Lokesh v. Rameshwar Tyagi , 2017 PLRonline 9000 Punjab and...
Read morePostal receipt not containing the address of the addressee – Not a valid service – Specific Relief Act, S. 14 , 27, 31 – Unilateral cancellation of an agreement to sell by one party is not allowed, except in certain cases. [PLRonline 417002]
LogIn to download judgment and Full headnote / PLRonline 417002 Brahm Dutt v. Sarabjit Singh, 2017 PLRonline 0206 The production...
Read moreAgreement to Sell – Signed only by the vendor and not purchaser – Valid. [SupremeCourtOnline 211102]
LogIn to read full judgment Aloka Bose v. Parmatma Devi , 2008 PLRonline 0200 An unilateral contract is...
Read moreSpecific performance – Plaintiff has to prove that all along and till the final decision of the suit, he was ready and willing to perform his part of the contract – Circumstances including availability of funds and mere statement or averment in plaint of readiness and willingness, would not suffice.
U.N. Krishnamurthy (Since Deceased) Thr. Lrs. v. A. M. Krishnamurthy, 2022 SCeJ 1384, 2022 PLRonline 1495503
Read moreSpecific Relief Act S. 22(2) – Purchaser pendente lite – expression “in an appropriate case”.
Specific Relief Act, 1963, Section 22(2) - Purchaser pendente lite - expression “in an appropriate case” “11. Section 22 enacts...
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