S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court
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2 days, 10 hours ago

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

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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 defendant/seller failed to provide evidence showing that the hardship was unforeseeable when entering into the contract. Referring to Section 20 of SRA, the Respondents refused to perform the contract citing hardship caused to them after the seller's death as the suit property was their sole residence. Setting aside the High Court's decision, the judgment authored by Pardiwala J. emphasized that for taking refuge under Section 20 of SRA, it must be proved that the seller or the defendants were unaware of the consequences of the agreement at the time of its execution i.e., hardship to the defendants must be unforeseen and directly connected to the circumstances at the time of the contract. The Court noted that various factors necessitated the courts to not grant specific relief which depends on the facts and circumstances of each case but highlighted particular instances where the defendant could deny performance of the contract citing hardship.

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S.20 Specific Relief Act | Defendant Can Raise Plea Of Hardship Only If It Was Unforeseeable At Contract Formation: Supreme Court
Trending News
2 days, 10 hours 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 …

Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court
1 week, 5 days ago

Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court

Live Law  

The Supreme Court reiterated that it would not be necessary for the decree-holder seeking specific performance of an agreement to sell simpliciter to file a separate application under Section 22 of the Specific Relief Act, 1962 for claiming possession of suit property. The short question that falls for the Court's consideration was whether the executing court could grant possession if …

S.19(b) Specific Relief Act | To Claim 'Bona Fide Purchaser' Protection, Subsequent Purchaser Must Make Due Inquiries : Supreme Court
3 weeks, 6 days ago

S.19(b) Specific Relief Act | To Claim 'Bona Fide Purchaser' Protection, Subsequent Purchaser Must Make Due Inquiries : Supreme Court

Live Law  

In a recent decision, the Supreme Court observed that a 'subsequent purchaser' of immovable property cannot claim the benefit of a 'bona fide' purchaser under Section 19 of the Specific Relief Act, 1963 if they fail to exercise due diligence regarding the status of the current possessor of the property they intend to purchase The bench comprising Justice J.B. Pardiwala …

Supreme Court Recalls Judgment Which Held 2018 Amendment To Specific Relief Act Prospective
1 month, 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 …

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court
5 months ago

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court

Live Law  

Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court has ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPC A bench comprising Justice Sanjay Dhar …

SRA 2018 Made Specific Performance Of Contract General Rule Rather Than Exception, Legislative Shift Towards Stronger Enforcement Of Contracts: Delhi HC
1 year, 3 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 …

SPECIFIC RELIEF ACT | Party Can't Claim Time Is Essence Of Contract When Specific Performance Of Terms Not Done : Supreme Court
1 year, 8 months ago

SPECIFIC RELIEF ACT | Party Can't Claim Time Is Essence Of Contract When Specific Performance Of Terms Not Done : Supreme Court

Live Law  

The Supreme Court has held that when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise.The Bench comprising of Justice Krishna Murari and Justice Sanjay Karol, while adjudicating an appeal filed in Gaddipati Divija & Anr v Pathuri Samrajyam & Ors., observed that time would …

Section 28 Specific Relief Act - Time To Deposit Balance Sale Consideration Cannot Be Extended As A Matter Of Course : Supreme Court
1 year, 9 months ago

Section 28 Specific Relief Act - Time To Deposit Balance Sale Consideration Cannot Be Extended As A Matter Of Course : Supreme Court

Live Law  

The Supreme Court recently rescinded a sale agreement after noting that the plaintiff, who secured a decree for specific performance of the contract, had failed to deposit the balance sale consideration within time. Highlighting that the power under section 28 of the Specific Relief Act is discretionary, a Bench of Justices MR Shah and CT Ravikumar observed that it was …

2018 Amendment To Specific Relief Act Prospective ; Cannot Apply To Transactions Which Took Place Prior To 1.10.2018: Supreme Court
2 years, 3 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, 4 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 …

Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC
2 years, 8 months ago

Relief Of Specific Performance In An Agreement Of Sale Will Not Be Granted If Vendor Has No Absolute Title Over Suit Schedule Property: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court in a recent judgment held that an agreement of Sale cannot be decreed to be performed if the seller did not have absolute right and title over the suit schedule property in view of Section 17 of the Specific Relief Act, 1963. Brief Facts of the Case The plaintiff filed the suit seeking specific performance …

2018 Amendment To The Specific Relief Act: Retrospective Or Prospective?
2 years, 8 months 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 …

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court
2 years, 11 months ago

Conduct Of Plaintiff Crucial In A Suit Of Specific Performance: Supreme Court

Live Law  

The Supreme Court observed that the conduct of a plaintiff is very crucial in a suit for specific performance and the same has to be assessed by the Courts.In evaluating whether the plaintiff was ready and willing to perform his obligations under the contract, it is not only necessary to view whether he had the financial capacity to pay the …

Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court
2 years, 11 months ago

Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court

Live Law  

The Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser especially when the transaction has taken place prior to the institution of the suit for specific performance. Sundresh, setting aside a judgment of the Madras High Court, observed: ".it is not possible for us …

Whether Specific Performance Of An Agreement Is Mandatory Under Amended Provisions Of Specific Relief Act, 1963? Calcutta High Court Explains
3 years, 1 month 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, 1 month 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, 3 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 …

Specific Performance to Be Mandatory: Key Amendments Proposed in Specific Relief Act 1963
6 years, 9 months 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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