Supreme Court of India Judgements

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Category: Specific Relief Act

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

2026 INSC 463 SUPREME COURT OF INDIA DIVISION BENCH ANAND NARAYAN SHUKLA Vs. JAGAT DHARI ( Before : Manoj Misra and Manmohan, JJ. ) Civil Appeal No. 7355 of 2026…

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

2025 INSC 1329 SUPREME COURT OF INDIA DIVISION BENCH RAJESWARI AND OTHERS Vs. SHANMUGAM AND ANOTHER ( Before : J.B. Pardiwala and K. V. Viswanathan, JJ. ) Civil Appeal No.…

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

2025 INSC 617 SUPREME COURT OF INDIA DIVISION BENCH K.R. SURESH Vs. R. POORNIMA AND OTHERS ( Before : J.B. Pardiwala and R. Mahadevan, JJ. ) Civil Appeal No. 5822…

Specific Relief Act

Specific Relief Act, 1963 – Section 6 – Suit by person dispossessed of immovable property – The appellants, owner of the property, allegedly evicted the respondent illegally and by force – The main issue was the maintainability of the suit under Section 6 of the Specific Relief Act, 1963, and the illegal dispossession – The appellants contended voluntary handover of possession and challenged the maintainability of the suit – The respondent filed a suit within six months of dispossession under Section 6 of the Act – The Trial Court decreed in favor of the respondent, and the High Court dismissed the appellant’s revision – The High Court concurred with the Trial Court on the illegal dispossession and maintainability of the suit – The appeal was dismissed based on concurrent findings and evidence on record – The Supreme Court found no merit in the appeal and upheld the decisions of the lower courts.

May 5, 2024 sclaw

2024 INSC 345 SUPREME COURT OF INDIA DIVISION BENCH SANJAY MARUTI JADHAV AND ANOTHER — Appellant Vs. AMIT TATOBA SAWANT — Respondent ( Before : Vikram Nath and Satish Chandra…

Specific Performance Specific Relief Act

HELD when specific performance of the terms of the contract has not been done, the question of time being the essence of contract does not arise – time would not be of essence in a contract wherein the obligations of one party are dependent on the fulfillment of obligations of another party.

Apr 22, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GADDIPATI DIVIJA AND ANOTHER — Appellant Vs. PATHURI SAMRAJYAM AND OTHERS — Respondent ( Before : Krishna Murari and Sanjay Karol, JJ. ) Civil…

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Constitution

Constitution of India, 1950 — Article 226 — Exercise of Writ Jurisdiction — High Court’s power under Article 226 is extraordinary and discretionary, subject to self-imposed restrictions — Ordinarily, it should not be exercised when an effective alternative remedy is available to the aggrieved person, such as pursuing remedies under statutory frameworks like the CrPC or BNSS, unless specific exceptions apply.

May 12, 2026 sclaw
Consumer

Consumer Protection Act, 1986 — Applicability of Order 22 of CPC to death of parties — Section 13(7) made Order 22 of CPC applicable to death of complainant or opposite party, allowing substitution of legal heirs if the right to sue survives — This procedural rule must be harmoniously construed with substantive law like Section 306 of Indian Succession Act, 1925, which governs survivability of causes of action

May 12, 2026 sclaw
Service

Service Law — Recruitment Rules — Eligibility Criteria — Date of Possession of Qualification — For recruitment to the post of Assistant Prosecution Officer, the essential educational qualification must be possessed by the candidate on the date of submission of the application, not at a later stage like the interview or examination date.

May 12, 2026 sclaw
Service

Public Administration and Service Rules — Interpretation of merger of departments and promotion rules — The Supreme Court set aside the High Court’s judgment that questioned a government order (G.O.) granting a notional promotion to an employee — The Court found that the original G.O — was issued in compliance with prior High Court orders and a merger policy that was not challenged by any party, thus validating the promotion and subsequent advancements.

May 12, 2026 sclaw