Pramod Shroff Vs Mohan Singh Chopra
.... 19. It is seen that the suit was filed in year 2007 and the impugned judgment was passed on October 26, 2017, whereas the substitution of Section 20 of the Specific Relief Act by way of amendment took place by virtue of the amendment of 2018, which was given effect from October 1, 2018, tha ...
Calcutta High Court (Appellate Side)
Vijay Prabhu Vs S.T. Lajapathie
.... s quantity or as regards quality. In other words, it is material and not insignificant, so that a reasonable objection can be taken by the promisee to accept performance. The phrase ‘does not admit of compensation’ implies that there is no data for ascertaining a fair and reasonable amount as th ...
Supreme Court Of India
M/s Siddamsetty Infra Projects Pvt. Ltd Vs Katta Sujatha Reddy & Ors
.... rther referred to Clauses 21 and 23 to substantiate this interpretation: “32. […] It may be noted that as per Clause 21, the parties had entered into an earlier agreement to sell dated 10.03.1994, which did not materialize and accordingly the agreed price therein was no longer applicable. I ...
Supreme Court Of India
Satish Chand Jain Vs Rakesh Kaushal & Ors
.... me Court of India in K.S. Vidyanadam v. Vairavan, (1997) 3 SCC 1= AIR 1997 SC 1751 that in cases of agreement of sale relating to immovable property, time is not the essence of the contract, however, the sale deed has to be executed within a reasonable time. It was observed: “10. It has b ...
High Court Of Himachal Pradesh
Major Gen. Darshan Singh (D) By Lrs. & Anr Vs Brij Bhushan Chaudhary (D) By Lrs.
.... on can be issued to the defendant to perform specifically so much of his part of the contract as he can perform. Therefore, the Trial Court ought to have moulded the relief by granting a decree of specific performance concerning the undivided share of the defendant. He submitted that a part of t ...
Supreme Court Of India
Sanghi Bros (Indore) Pvt. Ltd. Vs Kamlendra Singh
.... SCC 341 citing the case of Saradamani Kandappan v. S. Rajalakshmi, [(2011) 12 SCC 18, has observed that though the decree for specific performance is discretionary, yet the court is not bound to grant such a relief merely because it is lawful to do so. The jurisdiction of decreeing specific per ...
Delhi High Court
Katta Sujatha Reddy & Anr Vs Siddamsetty Infra Projects Pvt. Ltd.& Ors.
.... sition under the Civil Law. Under the Civil Law of contracts, adherence to the sanctity of contract is enforced with greater rigour by inversing the situation. The reason for choice of damages and specific performance range from legal to economic. It is in this context that the Courts cannot eng ...
Supreme Court Of India
Rajasthan State Road Development & Construction Corporation Ltd Vs Vasundhra Gupta
.... t be enforced as the provisions of IBC shall have overriding effect.For this interpretation, the Adjudicating Authority has placed reliance on the Judgment of Astonfield Solar (Gujarat) Pvt. Ltd. Vs. Gujarat Urja Vikas Nigam Ltd. CA-700/ND/2019 decided by NCLT. The decision upheld by this Appell ...
National Company Law Appellate Tribunal New Delhi
B. Santoshamma & Anr. Vs D. Sarala & Anr.
.... Appellate or Original Court for the first time. (iii) Legislature has specifically clarified the cases where the raising of an objection is necessary. There is no provision in the CPC with respect to objection under Order II Rule 2. The maxim “Expressum facitcessaretacitum” (Express mention ...
Supreme Court Of India
Shon Randhawa Vs Ramesh Vangal & Ors
.... dicial principles and not arbitrarily or against the Articles of the Agreement and the material on record. 36. Attention of the Court is drawn to Clause 7.5 of the SPA to argue that the parties were ad-idem that in case of any disputes, either one would have a right to seek Specific Perfor ...
Delhi High Court
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