May 14, 2026 3:17 pm

Specific Relief Act

Specific Relief Act, 1963 – Section 31 – an action instituted under Section 31 of the Specific Relief for cancellation of an instrument is not an action in rem.

Bysclaw

May 1, 2023

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C P C Specific Relief Act

Specific Relief Act, 1963 — Section 28 — Rescission of contract for failure to pay purchase money within time limit prescribed by decree — Court’s discretion to extend time or rescind — Dismissal of appeal for non-prosecution does not result in merger of trial court decree — Permitting deposit of balance amount does not extinguish judgment-debtor’s right to seek rescission — Court can consider extending time to balance equities and compensate judgment-debtor for delay, but not automatically — Judgment-debtor’s conduct showing willful negligence is a factor for rescission.

May 11, 2026 sclaw

C P C Registration Act Specific Relief Act Transfer Of Property Act

Registration Act, 1908 — Section 17(1)(e) — Compulsory registration of non-testamentary instruments — Assignment of a decree for specific performance of an agreement of sale of immovable property — Whether such assignment deed requires compulsory registration — HELD NO – A decree for specific performance of a contract for sale of immovable property does not, of itself, create any right, title, or interest in or charge on the immovable property (Section 54, Transfer of Property Act, 1882)

Nov 22, 2025 sclaw

Specific Relief Act

Refund of earnest/advance money requires specific pleading under S. 22(2) Specific Relief Act, even if specific performance is refused; forfeiture of earnest money is generally permissible upon purchaser’s default. Shree Hanuman Cotton Mills v. Tata Air Craft Ltd., (1969) 3 SCC 522 — Principles reiterated.; Videocon Properties Ltd. v. Bhalchandra Laboratories, (2004) 3 SCC 711 — Followed. ; Satish Batra v. Sudhir Rawal, (2013) 1 SCC 345 — Followed and applied. ; Central Bank of India v. Shanmugavelu, (2024) 6 SCC 641 — Followed.; Fateh Chand v. Balkishan Dass, 1963 SCC OnLine SC 49 — Distinguished regarding earnest money; Applied regarding penalty.; Maula Bux v. Union of India, (1969) 2 SCC 554 — Distinguished regarding earnest money; Applied regarding penalty.; Kailash Nath Associates v. DDA, (2015) 4 SCC 136 — Considered and distinguished on facts.; Godrej Projects Development Ltd. v. Anil Karlekar, 2025 SCC OnLine SC 222 — Cited.

May 4, 2025 sclaw

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