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 the. A division bench of Justice Manmohan and Justice Saurabh Banerjee said that the 2018 Amendment Act has brought the Indian Specific Performance Act in line with the UNIDROIT Principles of International Commercial Contracts, as it aspires to achieve “harmonization in international law governing commercial contracts.” The court said that the primary intent behind the 2018 Amendment Act is to introduce a “greater certainty” in the enforcement of contracts and consequently improve India’s ranking in “Enforcement of Contracts’ and ‘Ease of Doing Business.” “This Court is of the view that the Amendment Act, 2018 introduces a paradigm shift in law regarding contractual enforcement in India. A glaring instance of the legislative shift is the amendment of Section 14 of Act, 1963 which deletes the earlier sub-clause which prescribed that the contracts for the non-performance of which compensation in money was an adequate relief would not be specifically enforced, meaning thereby that the plea that a party could be compensated in monetary terms as damages for breach of the contract and resultant refusal of interim injunction on the said ground, is no longer a ground to refuse specific performance of the contract,” the court said. It added, “The Amendment Act, 2018 intends to discourage errant parties who may deem it more viable to breach a contract than perform it, as the cost of damages may still be less than the cost of the performance.” The court made the observations while dealing with an appeal filed by a music company, Global Music Junction Private Limited, challenging a single judge order vacating an interim order in its favour in its suit alleging infringement of its copyright in literary and musical works, cinematographic films and sound recordings by a Bhojpuri singer Shatrughan Kumar also known aa Khesari Lal Yadav.

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History of this topic

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?
Trending News
2 months, 1 week 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, 1 week 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 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 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 …

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
4 months, 2 weeks ago

Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that conduct of the parties has to be seen before granting equitable relief for specific performance of the contract. Brief Facts The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 assails an arbitral award dated 12.04.2022, whereby the arbitral tribunal has refused to grant specific …

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 …

Taxing rights and wrongs
8 months ago

Taxing rights and wrongs

Hindustan Times  

The 8-1 Constitution bench judgment of the Supreme Court allowing states to tax minerals over and above royalty payments could have far-reaching implications for both the Indian economy and federalism. This is a problem which is present across the spectrum, from big capital owned large mining operations to local level mining mafia engaged in activities such as sand mining. Unless …

NCLAT Delhi: Non-Grant Of Reliefs And Concessions By NCLT Does Not Have Any Adverse Effect On The Validity Of The Resolution Plan And Is Not Violative Of The Law
1 year ago

NCLAT Delhi: Non-Grant Of Reliefs And Concessions By NCLT Does Not Have Any Adverse Effect On The Validity Of The Resolution Plan And Is Not Violative Of The Law

Live Law  

The National Company Law Appellate Tribunal Delhi, comprising Justice Ashok Bhushan and Mr. Barun Mitra held that non-grant of any reliefs and concessions by NCLT does not have any adverse effect on the validity of the Resolution Plan and is not a violation of the law. JAL and Manoj Gaur erstwhile Managing Director and personal guarantor of Corporate Debtor's loan …

Delhi High Court: Justice Varma Invites Lawyers To Make Submissions On Court's Power To Partially Modify Arbitral Award, Other Issues On April 20
1 year, 11 months ago

Delhi High Court: Justice Varma Invites Lawyers To Make Submissions On Court's Power To Partially Modify Arbitral Award, Other Issues On April 20

Live Law  

Justice Yashwant Varma of Delhi High Court has invited lawyers to make submissions on the aspect of court’s power to partially modify or set aside an arbitral award, doctrine of severability and scope of section 34 of Arbitration and Conciliation Act, 1996.As per the notice published in today’s causelist, the lawyers who wish to make submissions on the legal points …

2018 Amendment To Specific Relief Act Prospective ; Cannot Apply To Transactions Which Took Place Prior To 1.10.2018: Supreme Court
2 years, 6 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 …

Commercial Courts (Amendment) Act, 2018 Cannot Be Applied Retrospectively: Delhi High Court
2 years, 8 months ago

Commercial Courts (Amendment) Act, 2018 Cannot Be Applied Retrospectively: Delhi High Court

Live Law  

The Delhi High Court has observed that the Commercial Courts Act, 2018 cannot be applied retrospectively. The Petitioners thus approached High Court seeking transfer of the Civil Suits which were pending before Additional District Judge, Patiala House Courts, New Delhi, to the designated Commercial Court on the ground that the suits were commercial in nature and pertain to "commercial disputes" …

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, 4 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. …

Delhi High Court Seeks Centre's Response On Pleas Challenging GNCTD Amendment Act Enhancing Powers Of Delhi LG
3 years, 8 months ago

Delhi High Court Seeks Centre's Response On Pleas Challenging GNCTD Amendment Act Enhancing Powers Of Delhi LG

Live Law  

Delhi High Court on Friday granted time to the Central Government to file its reply on a batch of petitions challenging the vires of GNCTD Amendment Act, 2021 which purportedly enhances the powers of the Lieutenant Governor of Delhi.A division bench comprising of Chief Justice DN Patel and Justice Jyoti Singh allowed the request made by Advocate Ajay Digpaul, seeking …

Delhi High Court Issues Notice On Plea Challenging GNCTD Amendment Act Giving More Powers To Delhi LG
3 years, 10 months ago

Delhi High Court Issues Notice On Plea Challenging GNCTD Amendment Act Giving More Powers To Delhi LG

Live Law  

The Delhi High Court on Tuesday issued notice in a plea challenging the vires of Government of NCT of Delhi Act 2021 as being ultra vires Art. 13, 14, 19 and 239AA of the Constitution of India.A division bench comprising of Chief Justice DN Patel and Justice Jasmeet Singh issued notice in the plea and sought response of the Central …

2018 Amendment To Prevention Of Corruption Act Has No Retrospective Effect: Delhi High Court
4 years, 4 months ago

2018 Amendment To Prevention Of Corruption Act Has No Retrospective Effect: Delhi High Court

Live Law  

The Delhi High Court has held that the 2018 amendment to the Prevention of Corruption Act, does not apply to the offences which have already taken place. "Prevention of Corruption Act, 2018 does not reveal any intention of destroying the earlier provisions and there is no intention to obliterate the earlier law", Justice Brijesh Sethi observed while rejecting the acquitted. …

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 …

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]
5 years, 1 month ago

[Breaking] SC Upholds Validity Of SC/ST Amendment Act 2018 [Read Judgment]

Live Law  

In a notable judgment, the Supreme Court has upheld the constitutional validity of Scheduled Castes and Scheduled Tribes Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.A bench comprising Justices Arun Mishra, Vineet Saran and Ravindra Bhat had reserved judgment on. …

Plea In SC Challenges The Vires Of Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Act 2018 [Read Petition]
6 years, 7 months ago

Plea In SC Challenges The Vires Of Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Act 2018 [Read Petition]

Live Law  

The Supreme Court has been moved in a PIL praying that the 2018 Amendment to the Scheduled Castes and Scheduled Tribes Act of 1989 be struck down as being in the teeth of Articles 14, 19 and 21 and violative of the basic structure of the Constitution.The grievance of the petitioners arises from the fact that even as the review …

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 …

SC To Examine Validity Of Delhi Laws (Special Provisions) Act, 2006 That Gave Relief To Illegal Constructions
7 years, 1 month ago

SC To Examine Validity Of Delhi Laws (Special Provisions) Act, 2006 That Gave Relief To Illegal Constructions

Live Law  

Exactly two months after the union cabinet approved a bill- NCT of Delhi Laws Second Bill, 2017- extending the immunity to illegal constructions in Delhi, and preventing their demolition or sealing till December 31, 2020, the Supreme Court today said it will examine the validity of act which existed before it - The Delhi Laws. Exactly two months after the …

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]
7 years, 2 months ago

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]

Live Law  

Senior counsel representing the Delhi High Court, Harish Salve, told the Supreme Court bench of justices Ranjan Gogoi and R.Banumathi, that he would suggest amendments of existing laws, to ensure timely and expeditious disposal of civil suits by the Delhi High Court, particularly, those involving commercial disputes.The bench requested Salve to put his suggestions in the form of a note …

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]
7 years, 2 months ago

Management Of Original Suits By Delhi HC: Harish Salve To Suggest Suitable Remedies to SC [Read Order]

Live Law  

Senior counsel representing the Delhi High Court, Harish Salve, told the Supreme Court bench of justices Ranjan Gogoi and R.Banumathi, that he would suggest amendments of existing laws, to ensure timely and expeditious disposal of civil suits by the Delhi High Court, particularly, those involving commercial disputes.The bench requested Salve to put his suggestions in the form of a note …

1997 Amendment To Indian Contract Act Operates Prospectively: SC [Read Judgment]
8 years, 6 months ago

1997 Amendment To Indian Contract Act Operates Prospectively: SC [Read Judgment]

Live Law  

Section 28, being substantive law, operates prospectively as retrospectively is not clearly made out by its language, the Bench observed.The Supreme Court in UNION OF INDIA & ANR. Vs. M/S INDUSIND BANK LTD., has held that the 1997 amendment to the Indian Contract Act, which made certain agreements covered by Section 28 of the Act void, operates prospectively.The Bench comprising …

Laws Enacted in 2015: A Snapshot
9 years, 2 months ago

Laws Enacted in 2015: A Snapshot

Live Law  

The Negotiable Instruments Act, 2015The Act amends the Negotiable Instruments Act, 1881 and replaces the Negotiable Instruments Ordinance, 2015 which was promulgated on June 15, 2015. The Constitution Orders Act, 2015 The Act amends Constitution Order, 1950 to modify the list of Scheduled Castes in the States of Haryana, Karnataka and Odisha and the Constitution Scheduled Castes Order, 1962. of …

Laws Enacted in 2015: A Snapshot
9 years, 2 months ago

Laws Enacted in 2015: A Snapshot

Live Law  

The Negotiable Instruments Act, 2015The Act amends the Negotiable Instruments Act, 1881 and replaces the Negotiable Instruments Ordinance, 2015 which was promulgated on June 15, 2015. The Constitution Orders Act, 2015 The Act amends Constitution Order, 1950 to modify the list of Scheduled Castes in the States of Haryana, Karnataka and Odisha and the Constitution Scheduled Castes Order, 1962. of …

Delhi High Court upholds the vires of Section 14 of SARFAESI Act 2002 [Read Judgment]
9 years, 4 months ago

Delhi High Court upholds the vires of Section 14 of SARFAESI Act 2002 [Read Judgment]

Live Law  

A writ petition in Delhi High Court Challenged the provisions of section 14 of the SARFAESI Act as violative of Article 14, 21 and 300A of Constitution of India and liable to be declared unconstitutional.There were two basic contentions by the petitioner, the firstly regarding the Constitutionality of Section 14 and Secondly, whether CMM is obliged to issue notice to …

Delhi govt rules out roll back in court fee hike
12 years, 6 months ago

Delhi govt rules out roll back in court fee hike

India TV News  

New Delhi, Aug 28: The city government today expressed before the Delhi High Court its unwillingness to amend the Court Fee Act, 2012 and roll back the ten-fold hike in the court fees. The Delhi government's Standing Counsel Najmi Waziri told a bench of acting Chief Justice A K Sikri and Rajiv Sahai Endlaw that “the legislation is a valid …

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