News Muncher - searching for act

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

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

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 …

Act

Citations: 2023 LiveLaw 1026 To 2023 LiveLaw 1071 Dr. Premchandran Keezhoth v The Chancellor Kannur University 2023 LiveLaw 1025 Pavnesh Kumar v. Union of India 2023 LiveLaw 1026 Manoranjan Rout v. State of Odisha 2023 LiveLaw 1028 Madhavan Through Lrs. Governor As A Chancellor Of A State University Must Act Independently And Not On Aid & Advice Of Council Of …

RP Can Obtain MSME Certificate For The Corporate Debtor Only To Avail Business Advantage Available Under MSMED Act, 2006: NCLT Delhi

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

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

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 …

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 …

The Punjab and Haryana High Court has recently held that period of limitation for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act, 1963 is six months. The period of limitation prescribed for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act is six months. The bench comprising …

The Bombay High Court has sought replies from the Maharashtra government and Brihanmumbai Municipal Corporation in a public interest litigation filed by BJP MP Gopal Shetty, challenging the constitutional validity of a provision of the Slum Act that grants no benefit to first, loft or mezzanine floor inhabitants of slums in Mumbai. The PIL filed by Shetty, a BJP MP …

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

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 Relief Act