Specific Performance - CaseCiter

CaseCiter

Sign in Subscribe

Specific Performance

A collection of 8 posts

Specific Relief Act

K.S. Manjunath v. Moorasavirappa 2025 INSC 1298 - Specific Relief Act - Unilateral Termination Sale Agreement

Specific Relief Act 1963 - Section 14,16- (i). Unilateral termination of the agreement to sell by one party is impermissible in law except in cases where the agreement itself is determinable in nature in terms of Section 14 of the Act of 1963; (ii). If such unilateral termination of

Specific Relief Act

Canara Bank vs. K.L. Rajgarhia (D) 2025 INSC 1278 - Specific Performance Suits - Doctrine Of Severability Applicability

Specific Relief Act 1963 - While adjudicating suits, or when examining the validity of agreements or contracts, the Courts generally have the power to sever the invalid portion of an agreement from its valid portion and give effect to the latter. There is no bar on the application of the

Code Of Civil Procedure

Boyenepally Srijayavardhan v. V. Nirupama Reddy - CPC - Rejection Of Plaint - Specific Performance Suit

Code of Civil Procedure 1908 - Order VII Rule 11 - Rejection of Plaint - Where out of many reliefs claimed in the plaint, the plaintiff is found entitled to even one of them, the plaint cannot be rejected under Order VII Rule 11 CPC. In such circumstances, the suit

Specific Relief Act

Harish Kumar vs Amar Nath 2025 INSC 924 - Specific Performance - Burden & Onus Of Proof

Law of Evidence - Distinction between burden of proof and onus of proof- Onus of proof has greater force when the issue is which party is to begin forwarding evidence in support of a proposition. (Para 13) Specific Relief Act 1963 - To succeed in a suit for specific performance,

Muruganandam vs Muniyandi (D) 2025 INSC 652 - Unregistered Document - Specific Performance Suit

Registration Act 1908 -Section 49 ; Specific Relief Act, 1963- an unregistered document may be received as evidence of a contract in a suit seeking specific performance - Referred to in S. Kaladevi v. V.R. Somasundaram (2010) 5 SCC 401 (Para 10) 2025 INSC 652 Muruganandam vs Muniyandi (D) -

Sangita Sinha vs Bhawana Bhardwaj 2025 INSC 450 - Specific Performance - Readiness & Willingness

Specific Relief Act 1963 - Section 16-‘Readiness’ and ‘willingness’ are not one but two separate elements. ‘Readiness’ means the capacity of the buyer to perform the contract, which would include the financial position to pay the sale consideration. ‘Willingness’ refers to the intention of the buyer as a purchaser

Specific Relief Act

Parswanath Saha vs Bandhana Modak (Das) 2024 INSC 1022 - S 20 Specific Relief Act - Hardship

Specific Relief Act, 1963 - Section 20 (Pre 2019 amendment) - Mere rise in price subsequent to the date of the contract or inadequacy of price is not to be treated as a hardship entailing refusal of specific performance of the contract. Further, the hardship involved should be one not

Specific Relief Act

R. Shama Naik vs G. Srinivasiah 2024 INSC 927 - Specific Performance - Readiness & Willingness

Specific Relief Act 1963 - Section 16 - The plaintiff is obliged not only to make specific statement and averments in the plaint but is also obliged to adduce necessary oral and documentary evidence to show the availability of funds to make payment in terms of the contract in time