Specific Relief Act

A collection of 29 posts

Specific Relief Act

Muslimveetil Chalakkal Ahammed Haji v. Sakeena Beevi 2026 INSC 35 - Specific Performance

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Specific Relief Act

Subhash Aggarwal v. Mahender Pal Chhabra 2026 INSC 11 - Specific Relief Act - Equity

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Specific Relief Act

Amit Arya v. Kamlesh Kumari; 2025 INSC 1486 - S.28 Specific Relief Act - Doctrine Of Merger

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Registration Act

Rajeswari v. Shanmugam ; 2025 INSC 1329 - Specific Relief Act - Registration Act

💡Should a deed assigning a decree for specific performance of an agreement of sale of immovable property, be registered under the provisions of the Registration Act, 1908? Registration Act, 1908 - Section 17(1)(e) - Specific Relief Act - The assignment deed assigning the decree of specific performance does

Specific Relief Act

K.S. Manjunath v. Moorasavirappa 2025 INSC 1298 - Specific Relief Act - Unilateral Termination Sale Agreement

Specific Relief Act 1963 - Section 14,16- (i). Unilateral termination of the agreement to sell by one party is impermissible in law except in cases where the agreement itself is determinable in nature in terms of Section 14 of the Act of 1963; (ii). If such unilateral termination of

Specific Relief Act

Hussain Bin Awaz v. Mittapally Venkataramulu - Declaration & Injunction - Ss.45,73 Evidence Act

Specific Relief Act 1963 - In a suit for declaration and injunction, it is for the plaintiff to prove his case. Indian Evidence Act 1872 - Section 45 read with Section 73 of the Act, can only be invoked for an admitted document for the purpose of comparison of signatures

Specific Relief Act

Canara Bank vs. K.L. Rajgarhia (D) 2025 INSC 1278 - Specific Performance Suits - Doctrine Of Severability Applicability

Specific Relief Act 1963 - While adjudicating suits, or when examining the validity of agreements or contracts, the Courts generally have the power to sever the invalid portion of an agreement from its valid portion and give effect to the latter. There is no bar on the application of the

Specific Relief Act

Annamalai vs Vasanthi, 2025 INSC 1267 - Specific Relief Act - Breach Of Contract - Declaratory Relief

Specific Relief Act 1963 - Section 34 ; Indian Contract Act, 1872 - Ordinarily, for a breach of contract, a party aggrieved by the breach i.e., failure on the part of the other party to perform its part under the contract can claim compensation or damages by accepting the breach

Limitation Act

Shanti Devi (D) v. Jagan Devi 2025 INSC 1105 - Limitation Act

Limitation Act 1963 - Article 59,65 - In this case, the First Appellate Court applied Article 65 stating that the 12-year period for possession based on title applied, and the suit was filed within that period. The High Court affirmed the First Appellate Court's decision to decree

Code Of Civil Procedure

Boyenepally Srijayavardhan v. V. Nirupama Reddy - CPC - Rejection Of Plaint - Specific Performance Suit

Code of Civil Procedure 1908 - Order VII Rule 11 - Rejection of Plaint - Where out of many reliefs claimed in the plaint, the plaintiff is found entitled to even one of them, the plaint cannot be rejected under Order VII Rule 11 CPC. In such circumstances, the suit

Specific Relief Act

Harish Kumar vs Amar Nath 2025 INSC 924 - Specific Performance - Burden & Onus Of Proof

Law of Evidence - Distinction between burden of proof and onus of proof- Onus of proof has greater force when the issue is which party is to begin forwarding evidence in support of a proposition. (Para 13) Specific Relief Act 1963 - To succeed in a suit for specific performance,

Civil Law

Krishan Gopal vs Gurmeet Kaur (D) 2025 INSC 850 - Ss. 16,22 -Specific Relief Act - Readiness and Willingness - Escalation Of Land Prices

Krishan Gopal Vs Gurmeet Kaur (D) 2025 INSC 850 - Ss. 16,22 -Specific Relief Act - Readiness and Willingness - Escalation Of Land PricesSource: SCI Krishan Gopal Vs Gurmeet Kaur (D) 2025 INSC 850 - Ss. 16,22 -Specific Relief Act - Readiness and Willingness - Escalation Of Land

Specific Relief Act

Estate Officer, Haryana Urban Development Authority vs. Nirmala Devi 2025 INSC 843 - Specific Relief Act- Inversion Test

Law of Precedents - Not every observation in a judgment of this Court is binding as precedent. Only the ratio decidendi or the propositions of law that were necessary to decide on the issues between the parties are binding. Observations by the judge, even determinative statements of law, which are

Civil Law

Sulthan Said Ibrahim vs Prakasan 2025 INSC 764 - Res Judicata - Order I Rule 10, Order XXII Rule 4 CPC - Specific Relief Act

❓Does the principles of res judicata apply to different stages of the same proceeding ? Res Judicata - The principles of res judicata apply not only to two different proceedings but also to different stages of the same proceeding as well. - Referred to Bhanu Kumar Jain v. Archana Kumar reported

Civil Law

Muruganandam vs Muniyandi (D) 2025 INSC 652 - Unregistered Document - Specific Performance Suit

Registration Act 1908 -Section 49 ; Specific Relief Act, 1963- an unregistered document may be received as evidence of a contract in a suit seeking specific performance - Referred to in S. Kaladevi v. V.R. Somasundaram (2010) 5 SCC 401 (Para 10) 2025 INSC 652 Muruganandam vs Muniyandi (D) -

Civil Law

K.R. Suresh vs R. Poornima 2025 INSC 617 -S. 22 Specific Relief Act - Earned

Specific Relief Act 1963- Section 22- The relief of refund of earnest money under Section 2 2(1)(b) is not a relief that automatically flows from a decree for specific performance of a sale agreement and must, therefore, be explicitly sought- The plaint may be amended at any stage

Civil Law

Hussain Ahmed Choudhury vs Habibur Rahman (D) 2025 INSC 553 - Ss. 31,34 Specific Relief Act - Declaration of Title

Suit for declaration of title -The declaration of title is as good as a relief of cancellation of the sale deed or at least, a declaration that the sale deed is not binding on the plaintiff being void and thus non est. (Para 36) Specific Relief Act 1963 - Section

Civil Law

Rajeev Gupta vs Prashant Garg 2025 INSC 552 - Limitation Act - TP Act - Suit For Declaration

Limitation Act 1961 - Article 58- If cause of action to sue means accrual of the right for an actionable claim, it is the moment from which such right first accrues that the clock of limitation would start ticking -Even though cause of action for instituting a suit might arise

Civil Law

Sangita Sinha vs Bhawana Bhardwaj 2025 INSC 450 - Specific Performance - Readiness & Willingness

Specific Relief Act 1963 - Section 16-‘Readiness’ and ‘willingness’ are not one but two separate elements. ‘Readiness’ means the capacity of the buyer to perform the contract, which would include the financial position to pay the sale consideration. ‘Willingness’ refers to the intention of the buyer as a purchaser

Civil Law

Ram Lal vs Jarnail Singh (D) 2025 INSC 301 - S. 28 Specific Relief Act - Order XX Rule 12A CPC

Specific Relief Act 1963 - Section 28 - The non-payment of the balance sale consideration within the time period fixed by the Trial Court does not amount to abandonment of the contract and consequent rescinding of the same. The real test must be to see if the conduct of the

Specific Relief Act

Balbir Singh Vs Baldev Singh (D) 2025 INSC 81 - S 28 SRA - Doctrine Of Merger

Scope of Section 28 Specific Relief Act - Doctrine of merger

Specific Relief Act

Vijay Prabhu vs S.T. Lajapathie 2025 INSC 52 - S 12(3) Specific Relief Act - Relinquishment

Specific Relief Act 1963- Section 12 (3)- Relinquishment could be made at any stage of the litigation including the appellate stage. The claim of the plaintiff appellant for grant of benefit under Section 12(3) of the Act not to be rejected on the simple ground that it was

Specific Relief Act

Parswanath Saha vs Bandhana Modak (Das) 2024 INSC 1022 - S 20 Specific Relief Act - Hardship

Specific Relief Act, 1963 - Section 20 (Pre 2019 amendment) - Mere rise in price subsequent to the date of the contract or inadequacy of price is not to be treated as a hardship entailing refusal of specific performance of the contract. Further, the hardship involved should be one not

Specific Relief Act

Birma Devi Vs Subhash 2024 INSC 949 - S 22 Specific Relief Act

❓Can the relief of possession be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit property has been granted? Specific Relief Act 1963 - Section 22 -Referred to Babu

Specific Relief Act

R. Shama Naik vs G. Srinivasiah 2024 INSC 927 - Specific Performance - Readiness & Willingness

Specific Relief Act 1963 - Section 16 - The plaintiff is obliged not only to make specific statement and averments in the plaint but is also obliged to adduce necessary oral and documentary evidence to show the availability of funds to make payment in terms of the contract in time