Court Fee must be paid on sale consideration when declaratory suit involves title based on agreement to sell: MP High Court
“Where the plaintiff attempts to under-value the plaint and reliefs, the Court has to intervene.”
Specific Performance
Delhi HC dismisses Revision Petition to challenge Order by ADJ holding suit for specific performance of oral agreement to sell maintainable
‘It is no longer res integra that to determine an application under Order VII Rule 11 of Civil Procedure Code, it is only averments made in the plaint that can be considered.’
Whether Execution Court can decide application under Section 28 of Specific Relief Act for recission of contract/ time extension? SC answers
Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.
NRJ Series | When Supreme Court dismissed specific performance suit due to ‘flimsy’ oral evidence for existence of agreement to sell immovable property [(1953) 2 SCC 257]
This report covers the Supreme Court’s Never Reported Judgment, on suit for specific performance, dating back to the year 1953.
Never Reported Judgment| Vague and uncertain agreements in a contract are not capable of specific performance [(1952) 2 SCC 547]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance of contract.
Never Reported Judgement| Vendor cannot urge his defective title as an answer in specific performance suit by purchaser [(1952) 2 SCC 124]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on specific performance in imperfect title.
Lack of property title renders Suit for specific performance unenforceable: Calcutta High Court
Calcutta High Court determined that the compromise decree indicated that the vendors-defendants (respondent 2 and 3) do not have title to the property.
In absence of examination of the party to a suit, facts deposed by the power of attorney holder cannot be relied upon: Chhattisgarh High Court
“The pleading made by respondent-plaintiff through the power of attorney holder in the plaint is to be examined as against the statement made by the power of the attorney holder as a witness.”
Delhi High Court refuses decree of specific performance in view of creation of third-party interests; Directs compensation of Rs. 15 lakhs
The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.
Specific Performance and Determinable Contracts: A Comprehensive Analysis
by Vasanth Rajasekaran*
Cite as: 2023 SCC OnLine Blog Exp 67
Delhi High Court refuses to grant relief in a contract being determinable in nature and hence, not enforceable
Delhi High Court observed that that the Sole Arbitrator was well within its jurisdiction to declare the Agreement dated 23-03-2001 as determinable agreement in view of the statement of claim of the respondent and Terms of the said Agreement.
Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment
Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.
Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963
The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement
Madras High Court | HC cannot issue directions for speedy disposal, unless there is an acceptable reason
Madras High Court said that the High Court cannot issue directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions. The Court concerned is expected to regulate its own procedures in respect of the cases for effective disposal.
Specific Performance| Supreme Court’s split verdict over a party’s readiness and willingness to perform his part of the contract
While Justice Shah stated that the Kerala High Court has erred in interfering with the judgment of Trial Court of passing a decree for specific performance; Justice Nagarathna affirmed the Judgment of the High Court.
Madras High Court | Courts will not interfere or set aside an arbitral award, merely because an alternative view is possible; Adopt a hands-off approach
Madras High Court: In an intra-Court appeal filed against the order of the single judge, whereby, the judge allowed the
Explained| Party willing to pay but has no funds: Will it amount to readiness and willingness for specific performance of a contract?
Supreme Court: In a suit for specific performance the Division Bench of Indira Banerjee* and Hrishikesh Roy, JJ., explained the
Law on Specific Performance | For purpose of passing a decree of specific performance, what is essential? SC explains
Supreme Court: Stating that readiness and willingness are necessary for the purpose of passing a decree of specific performance, Division Bench of
Bom HC | In a property suit in which decree has been passed, can a third party’s intervention application claiming his right to recovery be maintainable? Read on
Bombay HC’s Justice Dama Seshadri Naidu while discussing, quotes EBC’s C.K. Thakker’ s Code of Civil Procedure