Specific Relief Act 1963
28th Jan, 2024
In the matter of Asma Lateef & Anr. Vs. Shabbir Ahmad & Ors. Civil Appeal No. 9695/2013 decided by Hon’ble Supreme Court of India on 12.01.2024. Facts of the Case- Appellants who were the Plaintiff […]
28th Feb, 2022
In the matter of Universal Petro Chemicals Ltd. VS. B. P. PLC & Ors, Civil Appeal No. 3127 of 2009, decided by the Hon’ble Supreme Court of India on 18.02.2022. Facts of the Case- The […]
10th Feb, 2020
The Supreme Court in the case of C.S. Venkatesh vs. A.S.C. Murthy (Civil Appeal No. 8425 of 2009) on 07.02.2020 opined that mere plea that the plaintiff is ready to pay the consideration, without any […]
25th Sep, 2019
The Supreme Court had observed that self-serving statements on income without any proof of financial resources is not sufficient to prove that plaintiff in a suit for specific performance was ready and willing to perform […]
16th Sep, 2019
Suit for Specific performance can be refused for non- compliance of an essential promise in contract
The Supreme Court held that a party who does not perform one of the essential promises in a contract is not entitled to discretionary relief of specific performance of the very contract. The said judgment […]
18th May, 2019
The Supreme Court has observed that a defendant in a specific performance suit should plead in his written statement the hardship that will be caused if the decree of specific performance of the contract is […]
6th Feb, 2019
The Hon’ble High Court of Delhi held in a judgment that the acts where the less substantial consideration is paid and/ or the buyer is not in the possession of the subject property, the said […]
11th Jan, 2019
In a recent judgment, the Supreme Court, held that in the present case, readiness and willingness to perform a contract is a question of fact and the same is to be determined during appreciation of […]
4th Dec, 2018
The Hon’ble Supreme Court of India rejected the contention of the Appellant/ Original Plaintiff that the agreement to sell was a complete sale and it was to be considered as a sale deed because the […]
25th Oct, 2018
A party to a contract has to show and establish his willingness and readiness to perform his part of contract throughout, including the day when the suit for specific performance was filed. This was held […]
14th Sep, 2018
Relief under Section 6 of the Specific Relief Act is summary in nature and no appeal lies against it
The Supreme Court reminded the courts below that proceedings under Section 6 of the Specific Relief Act were not appealable in the light of Section 6(3) of the Act. The said observation was made by […]
21st Aug, 2018
The Delhi High Court has held that limitation of the appellant/ buyer to claim the amounts under the Agreements to Sell, and which are paid to the respondent/ seller, would only commence if the respondent/seller […]