Specific Relief Act 1963
15th Jun, 2018
In a recent judgment, the Delhi High Court observed that it is permissible to grant the relief of specific performance to execute a sale document against an unregistered agreement to sell when possession of the […]
17th May, 2018
The Hon’ble High Court of Delhi in an appeal filed under Section 96, CPC has held that readiness and willingness as per Section 16(c) of the Specific Performance Act can only exist if the same […]
22nd Jan, 2018
The Hon’ble Supreme Court of India held in the case titled Urmila Devi and ors. vs The Deity, Mandir Shree Chamunda Devi, through Temple Commissioner and ors. (Civil Appeal no. 462 OF 2018 arising out of SLP 25771/2013) decided on 10.01.2018. Challenge […]
31st Jul, 2017
The Calcutta High Court in the matter of Amit Mondal Vs. Pannalal Das decided on 6th July, 2017 has held that Section 16(c) of the Specific Relief Act, provides that, in order to get a […]
11th May, 2017
Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No. 29 of 2017 held no interim order can be passed by Court/Arbitrator under […]
2nd Mar, 2017
The Bombay High Court held that a suit for specific performance cannot be allowed to be converted into a suit for title of a stranger and for possession by allowing impleadment of parties claiming title […]
2nd Mar, 2017
In a case decided by Supreme Court, the Court has held that Section 20(1) of Specific Relief Act, 1963 indicates that, jurisdiction to decree specific performance is discretionary. Yet, discretion of Court is not arbitrary […]
21st Jun, 2016
Any transfer of the nature mentioned in sub- Section 2 of Section 8 Hindu Succession Act, of the minor’s immovable property without the permission of the Court is not binding on the minor irrespective of the […]
11th Oct, 2015
Where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the […]
14th Sep, 2015
Where the plaintiff brings a suit for specific performance of contract for sale, the law insists upon a condition precedent to the grant of decree for specific performance that the plaintiff must show his continued […]
11th Nov, 2014
Section 20 of the Specific Relief Act specifically provides that Court’s discretion to grant decree of specific performance is discretionary but not arbitrary and this discretion must be exercised in accordance with sound and reasonable […]
28th Sep, 2014
Rise in price is a normal change of circumstances and, therefore, on that ground a decree for specific performance cannot be reversed. However, the court may take notice of the fact of increase in prices […]