‘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 in relation to trusts is also proposed to be taken away by the amendment, by making it compulsory even for trusts. Section 20 of the Bill, which deals with the guidelines for exercising discretion for granting specific performance, is sought to be substituted wholly with another provision which deals with ‘substituted performance’. The Department of Economic Affairs is the nodal agency for specifying various categories of projects and infrastructure sub-sectors, which is provided as Schedule to the Bill and it is proposed that the said Department may amend the Schedule relating to any such category or sub-sectors No injunction to be granted against infrastructure projects Section 20A proposed to be introduced by the amendment restrains courts from granting an injunction in a suit involving contract relating to an infrastructure project, where granting the injunction would cause impediment or delay in the progress or completion of such infrastructure project.

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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 …

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?
Trending News
2 months, 2 weeks ago

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

Live Law  

The Supreme Court ruled that part performance of the contract under Section 12 of the Specific Relief Act, 1963 cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12 of the SRA, for claiming a part …

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?
Trending News
2 months, 2 weeks ago

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

Live Law  

The Supreme Court ruled that part performance of the contract under Section 12 of the Specific Relief Act, 1963 cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12 of the SRA, for claiming a part …

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 …

Supreme Court Recalls Judgment Which Held 2018 Amendment To Specific Relief Act Prospective
4 months, 3 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 …

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 …

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 …

Whether Specific Performance Of An Agreement Is Mandatory Under Amended Provisions Of Specific Relief Act, 1963? Calcutta High Court Explains
3 years, 4 months ago

Whether Specific Performance Of An Agreement Is Mandatory Under Amended Provisions Of Specific Relief Act, 1963? Calcutta High Court Explains

Live Law  

The Calcutta High Court recently had the opportunity to expound on the issue as to whether specific performance of an agreement, including a negative covenant contained therein, is mandatory under the amended provisions of the Specific Relief Act, 1963.Justice Moushumi Bhattacharya observed that although Section 10 of the amended Act vide inclusion of the phrase 'shall' nearly negates. The Calcutta …

'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 …

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 …

Relief Of Specific Performance Can Be Refused For Non Performance Of An Essential Promise In Contract: SC [Read Judgment]
5 years, 6 months ago

Relief Of Specific Performance Can Be Refused For Non Performance Of An Essential Promise In Contract: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a vendee who does not perform one of the essential promises in a contract is not entitled to the discretionary relief of specific performance of that very contract.In the resisting the suit for specific performance, the defendant had raised the plea that since the plaintiff had admittedly failed to pay the rent of the …

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 …

Lok Sabha Passes Amendment To Negotiable Instruments Act; Provision For Interim Compensation to Payee Introduced
6 years, 8 months ago

Lok Sabha Passes Amendment To Negotiable Instruments Act; Provision For Interim Compensation to Payee Introduced

Live Law  

The Lok Sabha has passed Negotiable Instruments Act on July 23, 2018.The amendment introduces a new provision, Section 143A in the Act, which gives power to the Court to order payment of interim compensation by the drawer of the cheque to the complainant. The amendment introduces a new provision, Section 143A in the Act, which gives power to the Court …

Lok Sabha Passes Amendment To Negotiable Instruments Act; Provision For Interim Compensation to Payee Introduced
6 years, 8 months ago

Lok Sabha Passes Amendment To Negotiable Instruments Act; Provision For Interim Compensation to Payee Introduced

Live Law  

The Lok Sabha has passed Negotiable Instruments Act on July 23, 2018.The amendment introduces a new provision, Section 143A in the Act, which gives power to the Court to order payment of interim compensation by the drawer of the cheque to the complainant. The amendment introduces a new provision, Section 143A in the Act, which gives power to the Court …

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 …

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