Supreme Court of India Judgements

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Category: Specific Performance

Specific Performance

Agreement to Sell—Specific Performance—Plaintiff has to aver and prove his readiness and willingness—Merely because defendant has not taken any objection in their written statement in this regard is of no consequence Agreement to Sell—Specific Performance—Pleadings of plaintiff were essentially directed towards the existence and validity of the alleged agreement and the surrounding dealings of the parties; but is lacking in those material assertions on readiness and willingness on his part–Decree of sped fie performance declined. Second Appeal—Substantial Question of law—It cannot be laid down as a matter of rule that irrespective of the question/s formulated, hearing of the second appeal is open for any other substantial question of law, even if not formulated earlier

May 5, 2019 sclaw

2019(2) Law Herald (SC) 1017 : 2019 LawHerald.Org 783 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Civil Appeal No.…

Specific Performance

Agreement to Sell—Concurrent findings of fact—The issue of readiness and willingness is the most important issue for considering the grant of specific performance of the contract and the same having been held (in favour or against the plaintiff) by the Courts below on appreciation of evidence; is binding even on Supreme Court

Mar 23, 2019 sclaw

2019(1) Law Herald (SC) 630 : 2019 LawHerald.Org 608 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Ms. Justice Indu Malhotra Civil Appeal No.…

Specific Performance

Stamp Duty–Agreement to sell property reduced in writing–No stamp duty is required to be paid, Stamp duty will be required to be paid if possession is delivered. Stamp Duty–An under stamped and an unregistered sale deed is neither admissible in a suit for specific performance nor for recovery of consideration money nor for any collateral purpose.

Feb 9, 2019 sclaw

2009(1) LAW HERALD (SC) 360 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice  Cyriac Joseph Civil Appeal No. 7350 of 2008…

Specific Performance

Agreement to Sell—Specific Performance—Where the factum of execution of the suit agreement in itself is doubted, no relief can be granted to plaintiff–The defendants have denied having signed any such agreement—No attempt was made by the appellant/plaintiff to confront the defendants and discharge the burden by examining any handwriting expert—The co-owner of the property was neither joined as party in the suit agreement, nor was his authority for execution of such agreement forthcoming—No proof was forthcoming regarding payment of earnest money

Dec 30, 2018 sclaw

2018(4) Law Herald (SC) 3277 : 2018 LawHerald.org 1790 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice DipakMisra Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Dr.…

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Consumer

Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act.

Sep 2, 2025 sclaw
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.

Sep 2, 2025 sclaw
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