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
required
mandatorily to order specific performance of contracts which are
capable of specific performance. Prior to the amendment, Courts had
the discretion to enforce ... enforce specific
performance of such contracts, unless they are incapable of specific
performance for any other reason envisaged by the Specific Relief
Jindal Saw Limited vs Aperam Stainless Services And ... on 16 July, 2019
Author: Rajiv Sahai
substitution of the relief of specific performance. Thus, a plaintiff in a suit
for specific performance of an agreement of sale can, under Section ... addition to specific performance where
the plaintiff has not abandoned his relief of specific performance, the Court
will allow the amendment at any stage
addition to specific performance where the plaintiff has not abandoned his relief of specific performance the Court will allow the amendment at any stage ... addition to specific performance where the plaintiff has not abandoned his relief of specific performance can be permitted to be incorporated by amendment
substitution of the relief of specific performance. Thus,
a plaintiff in a suit for specific performance of an agreement
of sale can, under Section ... addition to specific
performance where the plaintiff has not abandoned his
relief of specific performance, the Court will allow the
amendment at any stage
which circumstances, the Supreme Court had disallowed the
amendment. I may note that specific performance is a discretionary remedy
and possibly that could ... injunction suit into a suit for specific performance and by disallowing of the
amendment application.
12. The impugned order dated 30.5.2001 being set aside
from "specific performance of any contract may, in the
discretion of the court, be enforced" to "specific performance of a
contract shall ... Claimant asserts that after the 2018 Amendment,
there has been a shift in legislative intent from specific
performance being discretionary to it being mandatory.
Reliance
Seema Gupta vs Sunny Talwani on 26 April, 2023
Author: Chandra Dhari Singh
Bench: Chandra
Sanghi Bros (Indore) Pvt. Ltd. vs Kamlendra Singh on 6 September, 2023
Author: Chandra Dhari
