AI Overview...
- When should Specific Performance be Allowed - Main points and insights:
- The Supreme Court generally permits specific performance when the contract is clear, valid, and the party seeking enforcement has fulfilled their obligations or is ready to do so (e.g., Sukhwinder Singh VS Jagroop Singh - Supreme Court, Shanti Devi Prasad VS Pratibha Singh - Jharkhand, Jaiprakash Mangilal Agarwal VS Lilabai and Anr. - Bombay).
- The Court refuses specific performance if the contract is unenforceable, ambiguous, or if equities favor the defendant, such as in cases of breach or unfair conduct (e.g., P. R. Deb And Associates: Sunanda Roy VS Sunanda Roy: P. R. Deb And Associates - Supreme Court, RANGANAYAKAMMA VS N. GOVINDANARAYAN - Karnataka).
- The Court emphasizes the discretionary nature of granting specific performance, considering factors like the conduct of parties, delay, and whether monetary compensation suffices (e.g., Sukhwinder Singh VS Jagroop Singh - Supreme Court, Shanti Devi Prasad VS Pratibha Singh - Jharkhand).
- The Court has allowed amendments and impleadments in suits for specific performance, provided such amendments are justified and do not prejudice the other party, as guided by precedents (e.g., Karnail Singh VS Sampuran Kaur - Punjab and Haryana, Charanjit Singh VS Jaswant Singh - Punjab and Haryana).
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Interim orders for specific performance can be granted or vacated based on the circumstances, with the Court scrutinizing the grounds for vacating such orders (e.g., Surjit Singh VS Nanak Singh - Supreme Court).
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Analysis and Conclusion:
- The Supreme Court permits specific performance primarily when the contract is clear, the party seeking enforcement is ready and willing, and there are no equitable reasons to deny relief.
- It exercises judicial discretion, balancing the interests of both parties, and considers the conduct and circumstances surrounding the contract.
- Cases where the Court has refused or set aside specific performance typically involve issues of breach, unfair conduct, or inability to fulfill contractual obligations.
- Overall, specific performance is a remedy of discretion, granted when it is just and equitable, and not as a matter of right (P. R. Deb And Associates: Sunanda Roy VS Sunanda Roy: P. R. Deb And Associates - Supreme Court, Sukhwinder Singh VS Jagroop Singh - Supreme Court, Shanti Devi Prasad VS Pratibha Singh - Jharkhand).
References: - P. R. Deb And Associates: Sunanda Roy VS Sunanda Roy: P. R. Deb And Associates - Supreme Court - Inderpal Singh VS Kuljit Singh - Supreme Court - Shanti Devi Prasad VS Pratibha Singh - Jharkhand - Sukhwinder Singh VS Jagroop Singh - Supreme Court - RANGANAYAKAMMA VS N. GOVINDANARAYAN - Karnataka - Surjit Singh VS Nanak Singh - Supreme Court - Charanjit Singh VS Jaswant Singh - Punjab and Haryana - Karnail Singh VS Sampuran Kaur - Punjab and Haryana - Jaiprakash Mangilal Agarwal VS Lilabai and Anr. - Bombay - Nirmala Anand VS Advent Corporation Private LTD. - Supreme Court
Search Results for "When should Specific Performance be Allowed Supreme Court"
1996 2 Supreme 454 • India - Supreme Court
FAIZAN UDDIN, SUJATA V.MANOHAR
Court, in appeal, granted specific performance-Appeal to Supreme Court-Whether High Court was right ? ... (No)-Appeal allowed. ... (Para 12) ... (ii) Suit for Specific Performance-Decreed by High Court ... In these circumstances, this Court upheld the refusal of the High Court to grant specific performance. ... On 10.11.1980, the respondent fil....
1992 0 Supreme(SC) 983 • India - Supreme Court
N.M.KASLIWAL, A.S.ANAND
Impleadment - Specific Performance of Agreement for Sale of Immovable Property - The High Court allowed the impleadment of respondents ... The High Court allowed the application, but the Supreme Court set aside the order. ... 1 and 2 in the suit for specific performance, but the Supreme Court set aside the order, stating that the impleadment at the stage ... Trial Court....
2005 0 Supreme(Jhk) 425 • India - Jharkhand
SUDHANSU JYOTI MUKHOPADHAYA
Court – to ground shown contrary to the decree and judgment of Supreme Court - petition allowed. (Para 7 to 10) ... Specific Relief Act, 1963 – Section 12 – judgment and decree for specific performance achieving finally up to apex. ... Pratibha Singh and others for specific performance of contract. The said suit was decreed in favour of petitioners on 18th October, 1982, followed by an Execution Case No. 1/83(A), preferred by petit....
2020 2 Supreme 171 • India - Supreme Court
R.BANUMATHI, A.S. BOPANNA
by Supreme Court with cost. ... Suit for specific performance was decreed by all the three courts below. ... The plaintiff-respondent 1instituted the suit seeking for decree of possession by way of specific performance ... In that circumstance, the compensation if any, is a matter to be considered by this Court as the grant of specific performance is not a rule and this Court has the discretion to decline #HL_STA....
1982 0 Supreme(Kar) 51 • India - Karnataka
K.J.SHETTY, P.A.KULKARNI
Final Decision: The appeal was allowed, and the suit for specific performance was dismissed. ... The court refused to grant a certificate for appeal to the Supreme Court. ... specific performance - contract - S. 20 of the Specific Relief Act, 1963 - The court considered the agreement for specific performance ... (2) Whether the plaintiff is entitled to specific#HL_END....
2007 0 Supreme(SC) 1759 • India - Supreme Court
B.N.AGRAWAL, P.P.NAOLEKAR
The Supreme Court held that it was not proper for the High Court to vacate the order of stay based on that count, and allowed the ... Interim Order - Specific Performance of Contract - The High Court vacated the interim order passed in a second appeal for specific ... Fact of the Case: The High Court vacated the interim order passed in a second appeal for specific performance of contract ... By ....
2018 0 Supreme(P&H) 4391 • India - Punjab and Haryana
AMIT RAWAL
Impleadment - Suit for Specific Performance - The court allowed the impleadment of subsequent vendees as defendants No.6 and 7 ... as laid down by the Supreme Court. ... the disposal of application for impleadment as laid down by the Supreme Court. ... In the case of Vidhur Impex (supra), the Supreme Court again had the opportunity to consider all the earlier judgments. The fact of the case was that a suit for #HL_....
1998 0 Supreme(P&H) 1115 • India - Punjab and Haryana
G.C.GARG
Ratio Decidendi: The court relied on Supreme Court judgments that allowed such amendments in suits for specific performance ... Amendment of Plaint - Specific Performance of Agreement - The court allowed the plaintiff to amend the plaint to incorporate readiness ... based on the Supreme Court judgments, and allowed the amendment. ... It has been held by the #HL....
1961 0 Supreme(Bom) 60 • India - Bombay
VASANTI A.NAIK, N.L.ABHYANKAR
Final Decision: The Supreme Court allowed the plaintiff's appeal, set aside the decree for specific performance obtained by ... The trial court decreed Lilabai's claim for specific performance. ... The trial court dismissed the plaintiff's suit. The plaintiff appealed to the Supreme Court. ... That was the main issue that was raised before the Supreme Court and....
2004 4 Supreme 255 • India - Supreme Court
G.B.PATTANAIK, H.K.SEMA, Y.K.SABHARWAL
to Supreme Court-Subsequent events-Whether suit for specific performance be decreed? ... The appellant had come to the Court for seeking specific performance of an agreement promptly. ... performance or for decreeing the specific performance with a direction to the plaintiff to pay an additional amount to the defendant ... ... (6) IT is true that grant of decree of specific perf....
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