Specific Relief Act, 1963
35 Supreme Court judgments considering this law. Search within these.
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K.S. Manjunath and Others v. Moorasavirappa @ Muttanna Chennappa
Whether the High Court committed any error in passing the impugned judgment whereby it allowed the appeals filed by the vendees and set aside the decree passed by the Trial Court, while granting the relief of specific performance…
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Mrs. Shailja Krishna v. Satori Global Limited & Ors.
Whether the company petition decided in favour of the Appellant by the NCLT was maintainable u/ss.397 and 398, Companies Act, 1956 Act; assuming that the company petition was maintainable, whether the NCLT had jurisdiction to…
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Syed Basheer Ahmed v. M/S Tinni Laboratories Private Limited & Anr.
A suit for specific performance was decreed by the trial court, which was dismissed by the High Court in appeal, reversing the judgment and decree. Whether the High Court erred in reversing the findings and the judgment and…
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Estate Officer, Haryana Urban Development Authority and Ors. v. Nirmala Devi
The matter pertains to allotment of residential plots/commercial sites to the Oustees-respondents pursuant acquisition of their land for the purpose of development of the residential sector. The issue arose whether the…
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Sulthan Said Ibrahim v. Prakasan & Ors.
Issue arose whether the High Court committed any error in rejecting the original petition filed by the appellant on the ground that the I.A. for deletion of name of the appellant from the array of parties was barred by res…
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K.R. Suresh v. R. Poornima & Ors.
Issue arose as regards the correctness of the order passed by the courts below dismissing the suit instituted by the appellant-purchaser for specific performance of contract; and whether the appellant entitled to the refund of…
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Ltd. v. His Highness Maharaja Sir Brijnath Singhji Deo of Maihar
Whether the High Court was right in taking the view that the suit of the plaintiff for declaration of his title based on a valid Gift Deed should fail as the plaintiff omitted to pray for the consequential relief of cancellation…
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Kanchhu v. Prakash Chand & Ors.
Matter pertains to sustainability of the order passed by the High Court allowing writ petition u/Art.227 of the Constitution and allowing multiple interlocutory applications-application for condonation of delay in filing recall…
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The Correspondence, Rbanms Educational Institution v. B. Gunashekar & Another
Issue arose as regards the correctness of the order passed by the High Court and the trial court rejecting the application filed by the appellant u/Ord.VII r.11(a) and (d) CPC for the rejection of plaint.
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N.P. Saseendran v. N.P. Ponnamma & Ors.
The question to be decided herein is twin fold, whether the document of the year 1985 is a gift or Settlement or Will and whether the requirements under law or conditions in the deed have been satisfied to vest a legal right.
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Ram Lal v. Jarnail Singh (Now Deceased) through its LRs & Ors.
Suit filed by appellant seeking specific performance of contract based on an agreement of sale executed by respondents was allowed on 20-01-2012 and appellant was directed to deposit the balance sale consideration within two…
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M/s B N Padmanabhaiah and Sons v. R N Nadigar & Ors.
Whether earlier decrees obtained by the appellant for permanent injunction foreclosed re-litigation of the dispute under the doctrine of res judicata and whether declaratory relief could be granted in favour of the State through…
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Sau. Jiya v. Kuldeep
Issue arose as regards permanent alimony to be given by respondent-husband to appellant-wife, post-divorce.
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Balbir Singh & Anr. Etc. v. Baldev Singh (D) Through His Lrs. & Ors. Etc.
The two questions of law fall for consideration in the instant appeal; First, the effect of merger of the trial court’s decree with that of the decree passed by High Court in second appeals; Secondly, whether the…
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Vijay Prabhu v. S.T. Lajapathie & Ors.
Whether the High Court was justified in finding that the original plaintiff was not entitled to discretionary relief of specific performance under Section 12 of the Specific Relief Act; whether the relinquishment of claim to…
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Giriyappa & Anr. v. Kamalamma & Ors.
When can the protection u/s.53A of the Transfer of Property Act 1882 be granted in a suit filed for declaration of title and recovery of possession.
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Shri Mukund Bhavan Trust and Ors. v. Shrimant Chhatrapati Udayan
Whether the High Court erred in affirming the order of the trial Court dismissing the application filed by the appellants under Order VII Rule 11(d), Code of Civil Procedure, 1908 for rejection of plaint being barred by…
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Parswanath Saha v. Bandhana Modak (Das) and Anr.
Whether the High Court committed any error in passing the impugned judgment setting aside the decree of specific performance passed by the Trial Court in favour of the plaintiff-appellant.
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Birma Devi & Ors. v. Subhash & Anr.
Whether the relief of possession may be granted by the executing court in a case where the suit has been decreed for specific performance simpliciter and no express relief for the transfer of possession of the suit property has…
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R. Shama Naik v. G. Srinivasiah
Whether plaintiff failed to establish that he was always ready and willing to perform his part of the contract.
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Rohit Kochhar v. Vipul Infrastructure Developers Ltd. & Ors.
Whether the relief sought by the plaintiff in respect to the suit property can be entirely obtained through the personal obedience of the defendants warranting the application of the proviso to Section 16 of the Code of Civil…
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R. Kandasamy (Since Dead) & Ors. v. T.R.K. Sarawathy & Anr.
Trial Court dismissed the suit for specific performance of an agreement for sale by the buyer. High Court allowed the appeal thereagainst and granted decree for specific performance. Whether the impugned judgment of the High…
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Manjit Singh & Anr. v. Darshana Devi & Ors.
High Court held that the appellants-subsequent purchasers could not be said to be bona fide purchasers in accordance with Section 19 (b) of the Specific Relief Act, 1963 and decreed the suit of the plaintiff granting specific…
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Leela Agrawal v. Sarkar & Anr.
Whether the mortgage deed dated 17.10.1990 constitutes a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882 and whether the plaintiff is entitled to redeem the mortgage.
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Shyam Kumar Inani v. Vinod Agrawal & Ors.
Whether the Appellants are entitled to specific performance of an Agreement to Sell dated 30.08.1990. Whether the Agreement to Sell dated 30.08.1990 executed by one Sushila Devi was valid and enforceable; whether such execution…
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M/s Siddamsetty Infra Projects Pvt. Ltd. v. Katta Sujatha Reddy & Ors.
Issue arose, whether the judgment of this Court suffers from an error apparent on the face of the record which warrants the exercise of the review jurisdiction; whether the suit instituted by the petitioner was barred by…
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Janardan Das & Ors. v. Durga Prasad Agarwalla & Ors.
Issue arose as to whether the plaintiffs proved their continuous readiness and willingness to perform their part of the contract as mandated u/s.16(c) of the Specific Relief Act, 1963; whether the agreement to sell was valid and…
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Ishwar (Since Deceased) Thr. Lrs & Ors. v. Bhim Singh & Anr.
Issue arose as to whether the execution court had jurisdiction to deal with the application for rescission of contract and extension of time to deposit the balance sale consideration; and if execution court had the jurisdiction,…
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P. Ravindranath & Anr. v. Sasikala & Ors.
Parties entered into an agreement to sell for sale of a property. Defendant no.1 sent various notices to plaintiffs to execute the sale deed. However, plaintiffs did not execute the sale deed. Thereafter, defendants executed sale…
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Maharaj Singh & Ors. v. Karan Singh (Dead) Thr. Lrs. & Ors.
Can the contention that the suit agreement was sham and bogus and not intended to be acted upon be allowed to be raised notwithstanding Sections 91 and 92 of the Evidence Act; Was the suit agreement sham and bogus and not…
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R. Radhakrishna Prasad v. Swaminathan & Anr.
Appellant-plaintiff filed suit for specific performance of the agreement of sale and in the alternative prayed for refund of the advance sale consideration of Rs.18,00,000/- (initial advance sale consideration of Rs. 3,00,000/-…
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Rajesh Kumar v. Anand Kumar & Ors.
Matter pertains to deposition of power of attorney holder in a suit for specific performance, in place and instead of the plaintiff-principal wherein the plaintiff is required to aver and prove his readiness and willingness to…
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Prashant Singh & Ors. Etc. v. Meena & Ors. Etc.
Whether the consolidation officer can grant ownership to any person in respect of a land/property inherited before commencement proceedings under U.P. Consolidation of Holdings Act, 1953.
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Vasantha (Dead) Thr. Lr. v. Rajalakshmi @ Rajam (Dead) Thr.Lrs.
The action that set in motion the instant dispute was in the year 1947, when a mother ‘T’ transferred property by executing First Settlement Deed in one form to her two sons and in another, to her daughter. Some forty-odd years…
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Alagammal and Ors. v. Ganesan and Anr.
Whether the Agreement between the seller and the buyer discloses a fixed time-frame for making payment in full by the buyer that is, in terms of the recitals in the agreement for sale executed by the seller in favour of the buyer.