read
with the Income Tax Rules, 1962 and conducting a fresh
economic analysis for the determination of the arm's length price
in connection with ... facts, by not
accepting Respondent's plea that companies having economic
performance contrary to the industry behaviour (e.g.
companies which showed a diminishing
Assam Sanmilita Mahasangha & Ors vs Union Of India & Ors on 17 December, 2014
English position on equitable remedy of specific
performance. In Common Law, the remedy of specific
performance was unknown in the initial days and courts only ... situation. The
reason for choice of damages and specific performance range
from legal to economic. It is in this context that the Courts
cannot engage
half years, it would be inequitable to give a
relief of specific performance to the Plaintiff. The Supreme Court has
observed thus ... performance. Paras 37 and
43 of the judgment in the case of Saradamani Kandappan (supra) read
thus:
"37. The reality arising from this economic
Power Company Of Karnataka Limited & Anr vs Udupi Power Corporation Ltd. & Ors on
Assam Sanmilita Mahasangha vs Union Of India Ministry Of Home Affairs ... on 17 December, 2014
amount the Plaintiff was not entitled to discretionary equitable relief of
Specific Performance, as observed by this Court in Saradamani
Kandappan v. S. Rajalakshmi14 ... reality arising from this economic change cannot
continue to be ignored in deciding cases relating to specific
performance. The steep increase in prices
amount the Plaintiff was not entitled to discretionary equitable relief of
Specific Performance, as observed by this Court in Saradamani
Kandappan v. S. Rajalakshmi14 ... reality arising from this economic change cannot
continue to be ignored in deciding cases relating to specific
performance. The steep increase in prices
Director General of Audit (Economic & Service
Ministries) Report No. 31 of 2016 relating to Performance Audit Report on
Land Management in DDA, in Para
specified in the
agreement and determine whether its discretion to grant specific
performance should be exercised.”
(c) In Saradamani Kandappan Vs Rajalakshmi and others reported ... reality arising from this economic change cannot
continue to be ignored in deciding cases relating to specific
performance. The steep increase in prices
