which held that exercise of control specific knowledge of performance
preconditions conclusion of permission. MySpace asserts to not exercising any control or
possessing knowledge ... place for communicating
copyrighted works. It is argued also that the amendment to the Copyright Act , w.e.f
21.06.2012 took note of the challenges
exhaustive of all claims of specific
performance based on written contracts, the suit for specific
performance cannot be decreed for non-registration.
Thus ... certain provisions of Specific Relief Act
and Section 27 A deals with Specific performance in case of part
performance of contract of lease
suit for specific performance. The suit
for specific performance in fact was claimed by
4 (1996) 8 SCC 367
5
way of amendment application filed ... injunction cannot be converted into suit for
specific performance of contract as the relief of specific
performance of contract has become barred by limitation
specific performance. He was
for the first time converting his suit into a suit
for specific performance and the date on which
the amendment ... plea of specific performance of contract
was raised and this Court has observed that a plea of specific
performance of contract in amendment application
pointed out that the petitioner-plaintiff has filed an
application for seeking amendment in the plaint at the stage
immediately after issues were framed ... Bhaguram and Anr.
wherein it was held that the suit for specific performance,
amendment to rectify mistake in the plaint may be allowed.
He also
that in this case, by filing
the application for amendment in the suit for specific
performance of the contract for sale, the appellant had
sought ... same i.e. a decree for specific performance of the
contract for sale and by amendment, no declaration has
been sought for in respect
cancelled the
agreement.
Even though the prayer for amendment to include the relief of specific
performance was made about 11 years after the filing ... this case, the inclusion of the plea of specific performance by
way of amendment virtually alters the character of the suit, and its
pecuniary jurisdiction
property and subsequently, he also filed the
present amendment application seeking the relief of specific
performance against the defendant. The trial Court
6
considering ... suit.
6. But looking to the amendment application seeking
the relief of specific performance, as there is a foundation in
the original suit filed
plaintiff and Ramakkal dated 13.10.1978 whereas in the amendment, the relief for specific performance is sought for based on the agreement dated 13.12.1978 between ... declaration and permanent injunction. Now the amendment is sought for suit for specific performance based on the written agreement, which has not been disclosed
prayer of
the plaintiff-petitioner in a suit for specific performance for
amendment of their plaint, inter alia, by incorporating a
claim
