Section 20 of the Specific Relief Act, 1963 preserves judicial discretion to courts as to decreeing specific performance. The court should meticulously consider all facts ... Specific Relief Act and observed thus:
" Section 20 of the Specific Relief Act, 1963 preserves judicial discretion to Courts as to decreeing specific performance
Section 20 of the Specific Relief Act, 1963 preserves judicial discretion to courts as to decreeing specific performance. The court should meticulously consider all facts ... Specific Relief Act and observed thus:
" Section 20 of the Specific Relief Act, 1963 preserves judicial discretion to Courts as to decreeing specific performance
limit(s) specified in the agreement and determine whether its discretion to grant specific performance should be exercised. Now in the case of urban properties ... Vidyanadam.
(i) The Courts, while exercising discretion in suits for specific performance, should bear in mind that when the parties prescribe a time/period
limit(s) specified in the agreement and determine whether its discretion to grant specific performance should be exercised. Now in the case of urban properties ... Vidyanadam.
(i) The Courts, while exercising discretion in suits for specific performance, should bear in mind that when the parties prescribe a time/period
Specific Relief Act and observed thus:
" Section 20 of the Specific Relief Act, 1963 preserves judicial discretion to Courts as to decreeing specific performance ... relief of specific performance is a discretionary relief and the Courts have to exercise their discretion on sound and reasonable reasons. Even if a doubt
defendant to the plaintiff. The time stipulated in the agreement for performance of the contract was four months. Ex.A2 is the notice issued ... settled law that remedy for specific performance is an equitable remedy and is in the discretion of the court, which discretion requires to be exercised
Specific Relief Act and when there is non-compliance with this statutory mandate, the Court is not bound to grant specific performance and is left ... Specific Relief Act and as per Section 20 of the Specific Relief Act, the court should exercise its judicial discretion appropriately before granting specific performance
Vidyanadam.
(i) The Courts, while exercising discretion in suits for specific performance, should bear in mind that when the parties prescribe a time/period ... this Court explained how discretion is to be exercised by the Court before granting specific performance. This Court held that in cases of urban properties
Civil Procedure as well as Section 34 and 40 of the
Specific Relief Act, which are extracted hereunder for ready reference:
Order II Rule ... cause of action."
Section 34 of the Specific Relief Act:
"34. Discretion of Court as to declaration of status or right.- Any person
Kadirvelu Pillai vs V.Arjunan on 9 February, 2012
Author: G.Rajasuria
Bench: G.Rajasuria
