CASES REPORTED IN HCC | Case Laws on Specific Performance of Contract; E-Way Bill; Condonation of Delay; Adverse Possession; IPR; and more
An update on new additions of case laws to SCC’s High Court Cases volume.
specific performance of contract
[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC
Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract
Never Reported Judgment| Purchaser cannot be said to be ready and willing to perform his part of contract, if he does not treat the contract as subsisting [(1953) 1 SCC 234]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on personal bars to relief in specific performance of contract.
Lack of property title renders Suit for specific performance unenforceable: Calcutta High Court
Calcutta High Court determined that the compromise decree indicated that the vendors-defendants (respondent 2 and 3) do not have title to the property.
Granting relief for delivery of possession separately is not required, it is inherent in the decree of specific performance of contract: Andhra Pradesh High Court
“In case where the language of the decree is capable of two interpretations, the interpretation which favours the advancement of the decree by getting its execution is to be preferred.”
Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order
The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.
Clever drafting cannot result into Plaintiff getting relief indirectly which otherwise cannot be given: Supreme Court
Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance
Court not bound to grant the relief of specific performance merely because the plaintiff is legally right
Supreme Court: The bench of Deepak Gupta and Aniruddha Bose, JJ, while deciding the question whether a vendee who does not perform