Readiness and Willingness must continue through out the proceedings

Jul
31
2017


The Calcutta High Court in the matter of Amit Mondal Vs. Pannalal Das decided on 6th July, 2017 has held that Section 16(c) of the Specific Relief Act, provides that, in order to get a decree for specific performance of contract, Plaintiff is not only required to aver his readiness and willingness to purchase suit property all throughout in his pleadings but he is also required to prove his readiness and willingness to perform his part of obligations under contract all throughout in course of trial of suit. 




Interim orders cannot be granted in Arbitration proceedings where claim cannot be specifically enforced

May
11
2017


Bombay High Court in the matter of B E Billimoira and Company Vs Mahindra Bebanco Developers Limited; Commercial Arbitration Petition (Ldg) No.




Specific performance may not be granted where the terms of contract give unfair advantage to one party #indianlaws

Oct
11
2015


Where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the contract though not voidable, gives the plaintiff an unfair advantage over the defendant, the decree of specific performance need not be passed.

 




Evidence recorded before Criminal Courts not conclusive for granting decree of specific performance

Sep
14
2015


Where the plaintiff brings a suit for specific performance of contract for sale, the law insists upon a condition precedent to the grant of decree for specific performance that the plaintiff must show his continued readiness and willingness to perform his part of the contract in accordance with its terms from the date of contract to the date of hearing. The appellate court should also not exercise its discretion against the grant of specific performance on extraneous considerations or sympathetic considerations. 




Party while seeking relief under Specific Relief Act must prove and establish the necessary ingredients of claim

Nov
11
2014


Section 20 of the Specific Relief Act specifically provides that Court’s discretion to grant decree of specific performance is discretionary but not arbitrary and this discretion must be exercised in accordance with sound and reasonable judicial principles




A decree for specific performance of an agreement to sell cannot be reversed on the ground of rise in price #indianlaws

Sep
28
2014


Rise in price is a normal change of circumstances and, therefore, on that ground a decree for specific performance cannot be reversed. However, the court may take notice of the fact of increase in prices and can impose conditions of grant of compensation.

 

 




Where time not the essence of contract, Parties thereto must perform their part within a reasonable time #indianlaws

Jul
31
2014


The legal position suggests that in the case of agreement of sale relating to immovable property, time is not of the essence of the contract unless specifically provided to that effect. However, this does not mean that any and every suit for specific performance of the agreement, not providing specifically that time is of the essence of the contract, should be decreed.




What is the fate of an agreement to sell executed in violation of the injunction order?

Oct
31
2013


Merely because property in relation to which agreement was entered upon is no longer subject to any order of restrain, party seeking specific performance does not automatically becomes entitled to such relief.




A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement.

Sep
26
2013


A Consumer Court has no jurisdiction to entertain complaint seeking specific performance of agreement. The jurisdiction rest with the Civil Court only.








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