Specific Performance Archives

Delhi High Court refuses to grant relief in a contract being determinable in nature and hence, not enforceable

Delhi High Court observed that that the Sole Arbitrator was well within its jurisdiction to declare the Agreement dated 23-03-2001 as determinable agreement in view of the statement of claim of the respondent and Terms of the said Agreement.

unregistered agreement to sell as evidence

Case Briefs Supreme Court

Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment

Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.

Case Briefs High Courts

Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963

The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement

Case Briefs High Courts

Madras High Court | HC cannot issue directions for speedy disposal, unless there is an acceptable reason

Madras High Court said that the High Court cannot issue directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions. The Court concerned is expected to regulate its own procedures in respect of the cases for effective disposal.

Case Briefs Supreme Court

Section 149 CPC acts as an exception, or even a proviso to Section 4 of Court Fees Act ,1870; Supreme Court reiterates

Supreme Court reiterated that in terms of Section 4, an appeal cannot be filed before a High Court without court fee, if the same is prescribed. But this provision must be read along with Section 149 of CPC.

Case Briefs Supreme Court

Specific Performance| Supreme Court’s split verdict over a party’s readiness and willingness to perform his part of the contract

While Justice Shah stated that the Kerala High Court has erred in interfering with the judgment of Trial Court of passing a decree for specific performance; Justice Nagarathna affirmed the Judgment of the High Court.

Case Briefs High Courts

Madras High Court | Courts will not interfere or set aside an arbitral award, merely because an alternative view is possible; Adopt a hands-off approach

Madras High Court: In an intra-Court appeal filed against the order of the single judge, whereby, the judge allowed the

Case Briefs Supreme Court

Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?

Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the

Case Briefs Supreme Court

Law on Specific Performance | For purpose of passing a decree of specific performance, what is essential? SC explains

Supreme Court: Stating that readiness and willingness are necessary for the purpose of passing a decree of specific performance, Division Bench of

Case Briefs High Courts

Bom HC | In a property suit in which decree has been passed, can a third party’s intervention application claiming his right to recovery be maintainable? Read on

Bombay HC’s Justice Dama Seshadri Naidu while discussing, quotes EBC’s C.K. Thakker’ s Code of Civil Procedure

Case Briefs High Courts

Chh HC | When terms of a contract have been reduced to the form of a document, no evidence shall be given or permitted to be adduced in proof of terms of such contract under Ss. 91 & 92 of Indian Evidence Act, 1872

Chhattisgarh High Court: Sanjay S. Agrawal, J. allowed the appeal and directed the plaintiff to be entitled to a decree for specific

Case Briefs High Courts

HP HC | [Or. 1 R. 10 CPC] Due to subsequent events, proforma defendant had started sailing in the plaintiff’s boat and had acquired interests common to the plaintiff; Transposition of parties upheld

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., while rejecting the present petition, upheld the decision of the trial court as the

Op Eds OP. ED.

Specific Performance — Principles Revisited

by Karl Shroff*

Case Briefs High Courts

P&H HC | Party if denies agreement to sell cannot raise plea of ‘readiness and willingness’ particularly when extensions and earnest money duly proved against it

Punjab and Haryana High Court: Amit Rawal, J. dismissed an appeal against the decree of the suit for specific performance of the

Case Briefs High Courts

P&H HC | Court fee should be refunded although the dispute settled without recourse to S. 89 CPC

Punjab and Haryana High Court: Lisa Gill, J. allowed the application for the refund of the fees on the ground that the

Case Briefs High Courts

Stay of suit for specific performance bars petitioner from questioning the dispensation of rental compensation: J&K HC

Jammu and Kashmir High Court: A Single Judge Bench of Dhiraj Singh Thakur J., dismissed the petition filed under Article 104 of