Case Law

Rathnavathi v. Kavita Ganashamdas (2015)

If the date is fixed for performance of the agreement, then non-compliance with the agreement on the date would give a cause of action to file suit for specific performance within three years from the date so fixed. The crux of the Supreme Court’s judgement has been given below. Rathnavathi v....

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Vijay A. Mittal v. Kulwant Rai 2019

The proper form of decree is to direct specific performance of the contract between the vendor and the prior transferee and direct the subsequent transferee to join in the conveyance so as to pass on the title which resides in him to the prior transferee. He does not join in any special covenants...

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Kasturi v. Iyyamperumal 2005

The necessary parties in a suit for specific performance of a contract for sale are the parties to the contract or if they are dead, their legal representatives as also a person who had purchased the contracted property from the vendor. The crux of the Supreme Court’s judgment has been given...

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I.S. Sikandar v. K. Subramani 2013

In the absence of a prayer for declaration the decree for specific performance of contract and permanent injunction would fail. The crux of the Supreme Court’s judgment has been given below. I.S. Sikandar v. K. Subramani As could be seen from the prayer sought for in the original suit, the...

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A. Kanthamani v. Nasreen Ahmed 2017

Readiness and willingness has been the subject-matter of interpretation. The crux of the Supreme Court’s judgment has been given below. A. Kanthamani v. Nasreen Ahmed The expression “readiness and willingness” has been the subject-matter of interpretation in many cases even prior to its insertion...

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J. P. Builders v. A. Ramadas Rao 2011

It is settled law that even in the absence of specific plea by the opposite party, it is the mandate of the statute that the plaintiff has to comply with Section 16(c) of the Specific Relief Act. The crux of the Supreme Court’s judgment has been given below. J.P.Builders v. A. Ramadas Rao It is...

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Vijay Kumar v. Om Parkash 2018

The crux of the Supreme Court's judgment has been given below. Vijay Kumar v. Om Parkash In order to obtain a decree for specific performance, the plaintiff has to prove his readiness and willingness to perform his part of the contract and the readiness and willingness has to be shown through out...

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Mehboob-ur-Rehman v. Ahsanul Ghani 2019

Specific performance of a contract cannot be enforced in favor to the person who fails to prove that he has already performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him. The crux of the Supreme Court has been given below....

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Anokhilal vs State of Madhya Pradesh

Anokhilal vs State of Madhya Pradesh [AIR 2020 SC 232] The trial court passed judgment in a rape case and sentenced the accused for death. The whole trial conducted expeditiously without waiting for DNA & FSL report as well as without giving adequate opportunity to the Amicus Curiae for...

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