Supreme Court of India Judgements

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Category: Specific Performance

Specific Performance

Decree for specific performance – Agreement of sale provided that in the event the permission was not obtained within 75 days – permission not granted agreement cancelled by defendant rightly – on equity Rs 15000 paid in 1978 by plaintiff ordered defendant to pay Rs 15,00,000 to plaintiff-

Oct 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KOLLI SATYANARAYANA (DEAD) BY LRS. — Appellant Vs. VALURIPALLI KESAVA RAO CHOWDARY (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : B.R. Gavai…

Specific Performance

Unregistered agreement to sell on ten rupees stamp paper – Admissibility of — Suit for permanent injunction — Counter-claim seeking possession — Unregistered document/agreement to sell shall not be admissible in evidence – Plaintiff cleverly prayed for a relief of permanent injunction only and did not seek for the substantive relief of specific performance- Dismissed

Sep 25, 2022 sclaw

SUPREME COURT OF INDIA Before: M.R. Shah & Krishna Murari, JJ. Civil Appeal No. 6733 of 2022 Decided on : 23.09.2022 Balram Singh – Appellant Versus Kelo Devi – Respondent…

Specific Performance

HELD by accepting the alternate relief claimed by the plaintiff of refund of the advance amount along with the interest @ 12% per annum. The High Court found suspicious circumstances and doubtful situations being raised by both the sides. The reasons given by the High Court as contained in paragraph 40, in our opinion, were sufficient to arrive at a conclusion of not awarding the relief of specific performance of contract

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH AYILLYATH YADUNATH NAMBIAR — Appellant Vs. P. SREEDHARAN — Respondent ( Before : Hemant Gupta and Vikram Nath, JJ. ) Civil Appeal No(s). 4943…

Specific Performance

Specific performance – There is no doubt that the claim of purchaser is hit by delay and laches on their part as they did not take appropriate measures within the stipulated time and filing of the suit was delayed by almost five years – It is not an appropriate case for granting relief to the purchaser in terms of Section 12 of the Specific Relief Act, 1963 as the claim of the purchaser is barred by delay, laches and limitation.

Aug 28, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SMT. KATTA SUJATHA REDDY AND ANOTHER — Appellant Vs. SIDDAMSETTY INFRA PROJECTS PVT. LTD.AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Krishna…

Specific Performance

Specific performance -There is a distinction between readiness and willingness to perform the contract and both ingredients are necessary for the relief of Specific Performance – While readiness means the capacity of the Plaintiff to perform the contract which would include his financial position, willingness relates to the conduct of the Plaintiff.

Jul 17, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH U.N. KRISHNAMURTHY (SINCE DECEASED) THR. LRS. — Appellant Vs. A. M. KRISHNAMURTHY — Respondent ( Before : Indira Banerjee and Hrishikesh Roy, JJ. )…

Specific Performance

Specific performance of agreement – Agreement to sell – Three Courts below have recorded the concurrent findings of facts in favour of the respondent-plaintiff with regard to the respondent having proved his readiness and willingness to perform his part of contract, – Appeal dismissed

Apr 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATNAM SINGH — Appellant Vs. SATNAM SINGH — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ. ) Civil Appeal No. 8037…

Specific Performance

Specific performance of agreement to sell – Relief of – Merely because in the document the purpose of sale of the property was stated to be for the marriage expenses, the document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document

Mar 29, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KIRPAL KAUR AND ANOTHER — Appellant Vs. RITESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

Specific Performance

Specific Relief Act, 1963 – Sections 21, 21(4) and 21(5) – Claim for damages in lieu of specific performance of contract – Appellant did not claim any relief for damages – Even in the appeal filed by the Appellant, no relief for damages was claimed by the Appellants – Appellant not entitled for damages – Appeal dismissed.

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNIVERSAL PETRO CHEMICALS LIMITED — Appellant Vs. B. P. PLC AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai, JJ.…

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Service

Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors.

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State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time

Sep 2, 2025 sclaw
State Laws

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued.

Sep 2, 2025 sclaw