Articles for Specific Performance

Jharkhand High Court Rejects Intervenor's Plea To Join Property Dispute, Reiterates Agreement To Sell Confers Only Preferential Right, Not Ownership Title
1 hour, 57 minutes ago

Jharkhand High Court Rejects Intervenor's Plea To Join Property Dispute, Reiterates Agreement To Sell Confers Only Preferential Right, Not Ownership Title

Live Law  

In a recent ruling, the Jharkhand High Court has reiterated that an agreement to sell does not confer any titles or ownership rights in a property, rather, it only confers preferential rights to the person in the favor of whom the agreement is executed. Justice Subhash Chand, presiding over the case, emphasized, “it is the settled law that agreement to …

Property Court Specific Performance Title Right Agreement Suit
Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index
1 day, 7 hours ago

Supreme Court Monthly Digest- October 2024 With Statute And Subject Wise Index

Live Law  

Advocate Supreme Court deprecates practice of litigant engaging new lawyer to reargue case after court expressed dissatisfaction on merits. Airports Economic Regulatory Authority of India v. Delhi International Airport, 2024 LiveLaw 812 Arbitration and Conciliation Act, 1996 Section 11 - Arbitration Clause in Public Premises Disputes – Applicability of the Public Premises Act, 1971 vis-à-vis the Arbitration and Conciliation Act, …

India Delhi Supreme Court High Court Court Proceedings Bihar Constitution
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, 9 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 …

Contract Supreme Court Performance Court Specific Performance Hardship Das
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, 9 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 …

Contract Supreme Court Performance Court Specific Performance Hardship Das
Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024
1 week ago

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

Live Law  

Index Citations Kunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw 964 National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. Case Details: Kirpal Singh v. Government of India Citation: 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case …

India Karnataka Justice Kerala Delhi Supreme Court High Court
Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC
1 week, 1 day ago

Unregistered Agreement To Sell Confers Legal Right Upon Beneficiary To Seek Execution Of Subsequent Sale Instrument From Transferor: J&K HC

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that an unregistered Agreement to Sell confers a legal right upon the beneficiary to seek the execution of a subsequent sale instrument from the transferor. Citing Section 49 of the Registration Act Justice Sanjay Dhar explained that an unregistered agreement to sell immovable property is admissible as evidence which allows …

Legal Court Specific Performance Sale Registration Right Appellants
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 …

Supreme Court Performance Property Court Specific Performance Relief Suit
Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates
2 weeks ago

Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates

Live Law  

The court further referred to various Supreme Court's decisions including Jagjit Singh Through LRs. The Allahabad High Court has reiterated that in a suit for Specific Performance, the party filing has to necessarily show that they are, or have been ready and willing to perform their part of the contract before pursuing such a direction. Thus, they filed a second …

Performance Evidence Court Specific Performance Sale Held Ors
In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court
2 weeks, 3 days ago

In Specific Performance Suit, Separate Relief For Possession Not Required When Transfer Of Possession Is Implicit In Agreement To Sell : Supreme Court

Live Law  

The Supreme Court observed that when possession of the immovable property is transferred implicitly upon execution of the sale deed, a separate suit seeking possession of the immovable property is not required under Section 22 of the Specific Relief Act, 1963. The Court said that in a specific performance of the agreement to sale simpliciter, the plaintiff would avail complete …

Justice Supreme Court Performance Property Court Specific Performance Sale
Plaintiff Seeking Specific Performance Of Agreement To Sell Must Also Show Availability Of Funds : Supreme Court
2 weeks, 5 days ago

Plaintiff Seeking Specific Performance Of Agreement To Sell Must Also Show Availability Of Funds : Supreme Court

Live Law  

The Supreme Court recently upheld the High Court's decision denying Specific Relief to the plaintiff because he was not able to prove his readiness and willingness to perform the contract. The bench comprising Justice JB Pardiwala and Justice R Mahadevan observed that for the contract to be concluded, the plaintiff shall not only aver about his readiness and willingness to …

Contract Justice Supreme Court Court Specific Performance Perform Plaintiff
In Property Dispute, Suit Parties Must File Encumbrance Certificate To Avoid Multiple Proceedings And Ease Future Litigation: Andhra Pradesh HC
2 weeks, 5 days ago

In Property Dispute, Suit Parties Must File Encumbrance Certificate To Avoid Multiple Proceedings And Ease Future Litigation: Andhra Pradesh HC

Live Law  

While hearing a property dispute case, the Andhra Pradesh High Court emphasized on the value of encumbrance certificates observing that to avoid multiplicity of proceedings, the parties should file the encumbrance certificate along with the plaint, which can also help ease future litigation. On Encumbrance certificates The high court said that encumbrance certificate sometimes "plays a vital role" and indicates …

Property Court Specific Performance Parties Property Dispute High Suit
In Specific Performance Suits, Advisable To Seek Interim Injunction Against Sale; Doctrine Of Lis Pendens May Not Be Good Enough : Supreme Court
3 weeks ago

In Specific Performance Suits, Advisable To Seek Interim Injunction Against Sale; Doctrine Of Lis Pendens May Not Be Good Enough : Supreme Court

Live Law  

The Supreme Court recently explained the importance of seeking an interim injunction in a suit for specific performance over simply relying on Section 52 of the Transfer of Property Act, 1882. In a suit wherein the plaintiff prays for specific performance and if the defendant is not restrained from selling the property to a third party and accordingly a third …

Supreme Court Property Court Specific Performance Order Transfers Rule
Valuation Of A Suit Is Based On Nature Of Relief Claimed, Not On Market Value Of Property: Rajasthan High Court Reiterates
1 month ago

Valuation Of A Suit Is Based On Nature Of Relief Claimed, Not On Market Value Of Property: Rajasthan High Court Reiterates

Live Law  

The court said, " In the specific opinion of this Court, the suit in question had rightly been valued for an amount of Rs.23 lakhs and the Court fee as paid on the said valuation was sufficient and in terms of law. While hearing a dispute concerning sale of a property, the Jodhpur Rajasthan High Court reiterated that it was …

Court Specific Performance Sale Relief Value Suit Valuation
Not Every Plaintiff Must Prove Sale Agreement's Execution If Another Plaintiff Having Firsthand Knowledge Proves Execution : Supreme Court
Trending News
1 month, 1 week ago

Not Every Plaintiff Must Prove Sale Agreement's Execution If Another Plaintiff Having Firsthand Knowledge Proves Execution : Supreme Court

Live Law  

The Supreme Court observed that not every plaintiff must prove the execution of a sale agreement if another plaintiff with knowledge of the transaction proves the execution. The bench comprising Justice Vikram Nath and Justice Prashant Kumar Mishra stated that a plaintiff's absence should not be viewed adversely, as testimony from another plaintiff present can substantively support the claims of …

Personal Supreme Court Specific Performance Power Case Knowledge Attorney
Not Every Plaintiff Must Prove Sale Agreement's Execution If Another Plaintiff Having Firsthand Knowledge Proves Execution : Supreme Court
Trending News
1 month, 1 week ago

Not Every Plaintiff Must Prove Sale Agreement's Execution If Another Plaintiff Having Firsthand Knowledge Proves Execution : Supreme Court

Live Law  

The Supreme Court observed that not every plaintiff must prove the execution of a sale agreement if another plaintiff with knowledge of the transaction proves the execution. The bench comprising Justice Vikram Nath and Justice Prashant Kumar Mishra stated that a plaintiff's absence should not be viewed adversely, as testimony from another plaintiff present can substantively support the claims of …

Personal Supreme Court Specific Performance Power Case Knowledge Attorney
Award Cannot Be Set Aside U/S 34 Of Arbitration Act If View Taken By Arbitrator Is A Plausible View: Delhi High Court
1 month, 1 week 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 …

Performance Court Specific Performance Sale Agreement Set View
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 …

Justice Supreme Court Performance Court Specific Performance Review Amendment
Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations
3 months, 4 weeks ago

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

The Litigant's advocate had withdrawn the application, which was preferred before the Court, without intimating the litigant. d. Both and Answer: Option Explanation: Recently, the Supreme Court observed that it would be impermissible for the High Court to exercise inherent powers under Section 482 of Cr. d. Both and Answer: Option Explanation: The Supreme Court recently held that the limitation …

Supreme Court Performance Court Specific Performance Pay Commission Litigant Indian
Mere Non-Performance Of Agreement To Sell Doesn't Amount To Offence Of Cheating & Criminal Breach Of Trust: Supreme Court
4 months ago

Mere Non-Performance Of Agreement To Sell Doesn't Amount To Offence Of Cheating & Criminal Breach Of Trust: Supreme Court

Live Law  

The Supreme Court recently observed that mere non-performance of an Agreement to Sell by itself does not amount to the offences of cheating and criminal breach of trust. Quashing a criminal case against three persons for failing to execute a sale despite an agreement to sell a property, the Court observed : A bench of Justice Vikram Nath and Justice …

Court Civil Specific Performance Criminal Sale Payment Cheating
Supreme Court Weekly Round-Up (15 July-20 July, 2024)
5 months ago

Supreme Court Weekly Round-Up (15 July-20 July, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. Supreme Court Orders Interim Release Of YouTuber Savukku Shankar Till High Court Decides Plea Against Preventive Detention Case Title – A. Kamala v. …

India Karnataka Tamil Nadu Kerala Delhi Supreme Court High Court
Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court
5 months ago

Arbitral Tribunal Can Award Compensation For Breach If Contract Is Incapable Of Specific Performance: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that the arbitral tribunal may exercise its power to award compensation for breach if a Contract has become incapable of specific performance. The Appellant's petition under Section 34 was dismissed, with the High Court noting that it cannot interfere with the arbitral tribunal's findings …

Contract Delhi Court Specific Performance Delhi High Court Tribunal Held
Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]
5 months, 1 week ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [May 11 to 20]

Live Law  

Citations 2024 LiveLaw 391 to 2024 LiveLaw 414 Arbitration and Conciliation Act, 1996 Withdrawal of arbitrator – An Arbitrator always has the option to withdraw for any reason. Shaji Paulose v. Institute of Chartered Accountants of India, 2024 LiveLaw 397 Code of Civil Procedure, 1908 Order XXXIII and Order XLIV – Suits by indigent persons and appeals by indigent persons …

India Tamil Nadu Supreme Court Court Specific Performance Criminal Procedure Telangana
Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court
6 months, 3 weeks ago

Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court

Live Law  

Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant …

Contract Supreme Court Performance Court Specific Performance Limitation Period
Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court
6 months, 3 weeks ago

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court

Live Law  

The Supreme Court held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.“We are of the view that in view …

Contract Performance Specific Performance Power Attorney Suit Perform