Jindal Saw Limited vs Aperam Stainless Services And ... on 16 July, 2019
Author: Rajiv Sahai
file a suit for specific performance. It was held in the said judgment
that there was no scope for specific performance and damages ... amended to one for specific performance of contract,
particularly at a juncture when such specific performance was timeābarred.
41. The next judgment cited
concurred in the sale?
2) Whether an amendment seeking such relief of decree
for specific performance to the extent of the share of
the contracting ... Court
from permitting a person claiming the relief of specific
performance from seeking amendment so as to incorporate the
reliefs enumerated in Section
prayer for for specific performance.
48. It is submitted by the learned senior counsel that the
averments for seeking specific performance of the development
agreement ... specific performance only on 30 th January
2006. He submits that the challenge to a letter of termination is in
aid of specific performance
Firozuddin V. Zafruddin
SECTION 10 SPECIFIC RELIEF ACT PRIOR
TO AMENDMENT
10. Cases in which specific performance of
contract enforceable.--Except as otherwise
provided ... Firozuddin V. Zafruddin
SECTION 10 SPECIFIC RELIEF ACT AFTER
AMENDMENT
"10. Specific performance in respect of
contracts.--The specific performance of a
contract shall
relief for Specific Performance of a contract, has been amended by substituting clause (a) which provides that specific performance of the contract ... that the wider discretion of courts to grant specific performance and to make specific performance of contract a General Rule than exception subject to certain
regard to specific performance and permanent
injunction and necessarily the defendant has to pay court fee
for the relief of specific performance and injunction under ... Trial Court
allowing the amendment application filed by the defendant
restricting his claim for specific performance and permanent
injunction, amending to delete the declaration
relief of Specific
Performance in the suit which it filed
when it had cause of action to sue for
Specific Performance as relinquishment
of that ... condition precedent
to file the suit for specific performance.
The decree of specific performance will
always be subject to the condition to
the grant
Fragmentation Act"), the plaintiff could not have claimed
specific performance, since such performance would have entailed
fragmentation of the suit land in breach ... accrual of the cause of action
for seeking specific performance, the plaintiff's application for
amendment made on 10 December 1980 was clearly barred
amendment. Mr Sancheti confirms that this
amendment (by Chamber Summons No. 924 of 2014) was one in
which the Plaintif specifically sought specific performance ... seek specific performance.
That omission to sue for specific performance, the learned single
Judge held, was deliberate. A suit for specific performance would