Supreme Court Recalls Judgment Which Held 2018 Amendment To Specific Relief Act Prospective
4 months, 2 weeks ago

Supreme Court Recalls Judgment Which Held 2018 Amendment To Specific Relief Act Prospective

Live Law  

The Supreme Court on Friday recalled its 2022 judgment which held that the 2018 amendment to the Specific Relief Act, 1963, will apply only prospectively to transactions effected after the date when the amendment came into force.The Court recalled the judgment in the exercise of its review jurisdiction. The Supreme Court on Friday recalled its 2022 judgment which held that the 2018 amendment to the Specific Relief Act, 1963, will apply only prospectively to transactions effected after the date when the amendment came into force. "This Court held that the 2008 amendment to Section 10 of the Specific Relief Act does not apply retrospectively and decided the matter based on Section 10 before the amendment. Even assuming that the grant of relief of specific performance continued to be discretionary to a suit instituted before the date of the amendment, we are of the opinion that this Court committed a grave error in its analysis of whether the Court ought to use its discretionary power in this matter," the review judgment held.

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History of this topic

Supreme Court Annual Digest 2024 | Specific Relief Act, 1963
1 month, 1 week ago

Supreme Court Annual Digest 2024 | Specific Relief Act, 1963

Live Law  

Section 16 - Whether the defendants were entitled to protection under Section 53A of the Transfer of Property Act, 1882, based on an unregistered sale agreement - Whether the concurrent findings of the Trial Court, First Appellate Court, and High Court were perverse or erroneous. R. Shama Naik v. G. Srinivasiah, 2024 LiveLaw 947 Section 10 and Section 16 of …

Specific Relief Act: Important Judgments By Supreme Court In 2024
2 months, 4 weeks ago

Specific Relief Act: Important Judgments By Supreme Court In 2024

Live Law  

As 2024 ends, LiveLaw presents a summary of significant Supreme Court judgments from the year related to the Specific Relief Act, 1963. Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court Case Title: RAJESH KUMAR VERSUS ANAND KUMAR & ORS., Citation: 2024 LiveLaw 407 The bench comprising Justices …

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court
Trending News
3 months, 1 week ago

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court

Live Law  

The Supreme Court today observed that a defendant could raise the ground of 'hardship' in performing the contract only if it is established by cogent evidence that she was unable to foresee the hardship at the time of entering into the contract. The Court further stated that Section 20 of the Specific Relief Act, 1963 would not apply if the …

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court
Trending News
3 months, 1 week ago

S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court

Live Law  

The Supreme Court today observed that a defendant could raise the ground of 'hardship' in performing the contract only if it is established by cogent evidence that she was unable to foresee the hardship at the time of entering into the contract. The Court further stated that Section 20 of the Specific Relief Act, 1963 would not apply if the …

SRA 2018 Made Specific Performance Of Contract General Rule Rather Than Exception, Legislative Shift Towards Stronger Enforcement Of Contracts: Delhi HC
1 year, 6 months ago

SRA 2018 Made Specific Performance Of Contract General Rule Rather Than Exception, Legislative Shift Towards Stronger Enforcement Of Contracts: Delhi HC

Live Law  

The Delhi High Court has observed that the Specific Relief Act, 2018, has changed the nature of specific relief from an equitable, discretionary remedy to a statutory remedy and has made specific performance of a contract a general rule rather than an exception.A division bench of Justice Manmohan and Justice Saurabh Banerjee said that the 2018 Amendment Act has brought …

2018 Amendment To Specific Relief Act Prospective ; Cannot Apply To Transactions Which Took Place Prior To 1.10.2018: Supreme Court
2 years, 7 months ago

2018 Amendment To Specific Relief Act Prospective ; Cannot Apply To Transactions Which Took Place Prior To 1.10.2018: Supreme Court

Live Law  

The Supreme Court held that the 2018 amendment to the Specific Relief Act is prospective and cannot apply to those transactions that took place prior to its coming into force.The bench of CJI NV Ramana, Justices Krishna Murari and Hima Kohli observed thus while allowing an appeal arising out of a specific performance suit. The Supreme Court held that the …

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court
2 years, 7 months ago

S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court

Live Law  

The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. Section 20 of the Specific Relief Act specifically provides that the jurisdiction of the …

Whether An Amendment Application To Include A Relief Which Is Otherwise Time-Barred Can Be Allowed? SC To Consider
2 years, 11 months ago

Whether An Amendment Application To Include A Relief Which Is Otherwise Time-Barred Can Be Allowed? SC To Consider

Live Law  

Whether an amendment application to include a relief which is otherwise time-barred can be allowed? The Supreme Court to consider The Supreme Court on Friday issued notice in a Petition where the central issue involved was whether a Plaintiff can file an amendment application to include a relief which would otherwise be barred under the Limitation Act 1963. Thereafter, the …

2018 Amendment To The Specific Relief Act: Retrospective Or Prospective?
3 years ago

2018 Amendment To The Specific Relief Act: Retrospective Or Prospective?

Live Law  

The common law treated money as a measure of every loss. To facilitate better understanding, a chart contouring the pre amendment and post amendment status of important sections of the Act is produced hereinbelow: Section Pre Amendment Status Post Amendment Status Section 10 Cases in which specific performance of contract enforceable.—Except as otherwise provided in this Chapter, the specific performance …

'Specific Performance No Longer A Discretionary Relief': Supreme Court Says 2018 Amendment May Not Have Retrospective Application But Can Be A 'Guide'
3 years, 5 months ago

'Specific Performance No Longer A Discretionary Relief': Supreme Court Says 2018 Amendment May Not Have Retrospective Application But Can Be A 'Guide'

Live Law  

The specific performance is no longer a discretionary relief, the Supreme Court observed in a judgment delivered on Tuesday.The bench of Justice MR Shah and Aniruddha Bose observed that the 2018 amendment to the Specific Relief Act, 1963 by which section 10 has been inserted, though may not be applicable retrospectively but can be a guide on the discretionary relief. …

Relief Of Specific Performance Of Contract Is No Longer Discretionary After 2018 Amendment: SC [Read Judgment]
4 years, 6 months ago

Relief Of Specific Performance Of Contract Is No Longer Discretionary After 2018 Amendment: SC [Read Judgment]

Live Law  

Relief of specific performance of a contract is no longer discretionary, after the 2018 amendment, observed the Supreme court in a judgment delivered on Friday.The bench comprising Justices Uday Umesh Lalit and Indira Banerjee observed thus in an appeal arising out of a specific performance suit. Relief of specific performance of a contract is no longer discretionary, after the 2018 …

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability
4 years, 6 months ago

Timelines For The Making Of An Arbitral Award In View Of The Arbitration And Conciliation (Amendment) Act, 2019 – The Continuing Saga Of Retrospective Applicability

Live Law  

The Arbitration and Conciliation Act, 2019 came into force on 30.08.2019. The Supreme Court in BCCI referring to Section 29A of the Act, as incorporated in by way of Amendment of 2015 held it to be a procedural law, as it does not create new rights and liabilities, but held that amendment to be prospective in view of Section 26 …

The Specific Relief (Amendment) Act, 2018 - Applicability To Pending Suits
4 years, 11 months ago

The Specific Relief (Amendment) Act, 2018 - Applicability To Pending Suits

Live Law  

The Parliament has enacted The Specific Relief Act, 2018, thereby making substantive changes to the provisions of the Specific Relief Act, 1963. Three most essential aspects of the Amendment Act is relating to substitution of existing Section 10, 14 and 20 of the Specific Relief Act, 1963 with substituted provisions. Another ancillary aspect is as to whether the discretion in …

SC Reserves Judgment On Challenge To SC/ST Amendment Act 2018
5 years, 5 months ago

SC Reserves Judgment On Challenge To SC/ST Amendment Act 2018

Live Law  

The Supreme Court on Thursday reserved judgment on the petitions challenging the constitutional validity of the Scheduled Castes and Scheduled Tribes Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act. Indicating that the amendments will be upheld, the bench of Justices Arun Mishra, …

Breaking: Section 148 Of Negotiable Instruments Act Has Retrospective Effect, Holds Supreme Court [Read Judgment]
5 years, 9 months ago

Breaking: Section 148 Of Negotiable Instruments Act Has Retrospective Effect, Holds Supreme Court [Read Judgment]

Live Law  

In an important judgment, the Supreme Court has held that Section 148 of the Negotiable Instruments Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Section 148 of the NI Act, introduced vide an amendment in 2018, empowers the Appellate Court to …

Parliament Passes Specific Relief Amendment Bill Making Specific Performance of Contract Compulsorily Enforceable
6 years, 8 months ago

Parliament Passes Specific Relief Amendment Bill Making Specific Performance of Contract Compulsorily Enforceable

Live Law  

The Parliament has passed the Specific Relief Bill 2018, proposing to bring significant amendments to Specific Relief Act 1963. On July 23, the Rajya Sabha passed Amendment Bill, which was passed by the Lok Sabha on March 15, 2018.One of the major features of the amendment is that it takes away the discretionary power of courts in ordering specific performance …

Specific Performance to Be Mandatory: Key Amendments Proposed in Specific Relief Act 1963
7 years ago

Specific Performance to Be Mandatory: Key Amendments Proposed in Specific Relief Act 1963

Live Law  

The Specific Relief (Amendment) Bill 2018 proposes significant amendments to the Specific Relief Act 1963. The amendment makes specific performance of contracts compulsory, removing the discretionary power of courts to grant damages or specific performance as an exception. It introduces the concept of 'substituted performance', allowing a party to choose to perform the contract through a third party or its …

‘Specific Performance To Be Compulsorily Ordered By Courts’- Know About Changes Proposed By Specific Relief Amendment Bill [Read The Bill]
7 years ago

‘Specific Performance To Be Compulsorily Ordered By Courts’- Know About Changes Proposed By Specific Relief Amendment Bill [Read The Bill]

Live Law  

The Lok Sabha recently passed the Specific Relief Bill 2018, proposing to bring significant amendments to Specific Relief Act 1963.One of the major features of the amendment is that it makes the grant of specific performance of contracts compulsory, by taking away the discretionary power of courts. Similar discretionary power of courts as per Section 11 in granting specific performance …

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