SPECIFIC RELIEF

High Court would not interfere by a Revision against a decree or order u/s 6 of SRA if there is no exceptional case (SC-2/4/2004)

3 min read

CIVIL

High Court would not interfere by a Revision against a decree or order u/s 6 of SRA if there is no exceptional case (SC-2/4/2004)

A suit under Section 6 of the Act is often called a summary suit inasmuch as the enquiry in the suit under Section 6 is confined to finding out the possession and dispossession within a period of six months...

Leeladhar (D) through LRS. Vs. Vijay Kumar (D) through LRS-26/09/2019

6 min read

Supreme Court Judgments

Leeladhar (D) through LRS. Vs. Vijay Kumar (D) through LRS-26/09/2019

Specific performance of the contract-The agreement was an agreement to sell and after entering into the agreement to sell, Appellant received the full sale consideration and handed over the possession to Respondent, the question of exercising any discretionary favour...

GOPI NATH SEN AND OTHERS Vs. BAHADURMUL DULICHAND AND OTHERS [CHC]

25 min read

CALCUTTA HIGH COURT JUDGMENTS

GOPI NATH SEN AND OTHERS Vs. BAHADURMUL DULICHAND AND OTHERS [CHC]

The principle under which damages will be awarded u/s 73 of the Indian Contract Act will be different from the principle involved in damages which will be awarded in lieu of specific performance. In the case of damages in...

A writ petition involving a consequential relief of monetary claim is maintainable

2 min read

Writ

A writ petition involving a consequential relief of monetary claim is maintainable

Supreme Court in Mahabir Auto Stores and others Vs. Indian Oil Corporation and others held that the State or its instrumentality, when engaged in commercial transactions, must act reasonably, and should inform and take into confidence the adverse party against...

K. KALPANA SARASWATHI Vs. P.S.S. SOMASUNDARAM CHETTIAR

8 min read

CIVIL

K. KALPANA SARASWATHI Vs. P.S.S. SOMASUNDARAM CHETTIAR

Specific performance is an equitable relief and he who seeks equity can be put on terms to ensure that equity is done to the opposite party even while granting the relief. The final end of law is justice, and...

Sardar Singh Vs Smt. Krishna Devi and another[ ALL SC 1994 APRIL]

18 min read

CIVIL

Sardar Singh Vs Smt. Krishna Devi and another[ ALL SC 1994 APRIL]

KEYWORDS:-family arrangements-partial enforcement of contract instead of refusal of specific performance in its entirety- ” the award did not create any right, title or interest in the appellant for the first time, but it declared the pre-existing factum, namely...

M. C. Chockalingam and others Versus V. Manickavasagam and others[ALL SC 1973 OCTOBER]

19 min read

CIVIL

M. C. Chockalingam and others Versus V. Manickavasagam and others[ALL SC 1973 OCTOBER]

KEYWORDS:- LAWFUL POSSESSION-mesne profits DATE:- 31-10-1973. Lawful possession cannot be established without the concomitant existence of a lawful relationship between the landlord and the tenant. This relationship cannot be established against the consent of the landlord unless, however, in...

Nair Service Society Ltd.Versus K. C. Alexander and others[ALL SC 1968 FEBRUARY]

44 min read

CIVIL

Nair Service Society Ltd.Versus K. C. Alexander and others[ALL SC 1968 FEBRUARY]

KEYWORDS:-POSSESSION DATE:-12-02-1968 AIR 1968 SC 1165 : (1968) 3 SCR 163 (SUPREME COURT OF INDIA) Nair Service Society Ltd. Appellant Versus K. C. Alexander and others Respondent (Before : M. Hidayatullah, S. M. Sikri And K. S. Hegde, JJ.)...

United States Code

High Court would not interfere by a Revision against a decree or order u/s 6 of SRA if there is no exceptional case (SC-2/4/2004)

Leeladhar (D) through LRS. Vs. Vijay Kumar (D) through LRS-26/09/2019

Specific performance of part of contract [Sec 12]-Specific Relief Act 1963

Specific performance in respect of contracts[Sec 10]-Specific Relief Act 1963

Recovery of specific immovable property[Sec 5]-Specific Relief Act 1963

GOPI NATH SEN AND OTHERS Vs. BAHADURMUL DULICHAND AND OTHERS [CHC]

A writ petition involving a consequential relief of monetary claim is maintainable

K. KALPANA SARASWATHI Vs. P.S.S. SOMASUNDARAM CHETTIAR

Sardar Singh Vs Smt. Krishna Devi and another[ ALL SC 1994 APRIL]

M. C. Chockalingam and others Versus V. Manickavasagam and others[ALL SC 1973 OCTOBER]

Nair Service Society Ltd.Versus K. C. Alexander and others[ALL SC 1968 FEBRUARY]

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