against granting
specific performance. The factors cumulatively or with other factors
may form the basis of a decision not to grant specific performance.
7. Hardship ... Section 20 of the Specific Relief Act, grant of
specific performance of contract is discretionary. Though
the decree for specific performance is discretionary
Hurbanu Wd/O Gulammohiyuddin ... vs Mohammadali Mohammadhusen Gandhi on 8 February, 2024
Author: Vaibhavi D
systems -- English and Indian -- qua the relief of specific
performance. In England the relief of specific performance pertains
to the domain of equity; in India ... systems--English and Indian--qua the
relief of specific performance. In England the relief of
specific performance pertains to the domain of equity; in
India
claim, sought specific performance of their version of the self-same
agreement.
3. The claimant's prayer for specific performance was refused ... refund stands on a different footing than
specific performance. Whereas the relief for specific performance was
based entirely on the SPA, the claimant
claim, sought specific performance of their version of the self-same
agreement.
3. The claimant's prayer for specific performance was refused ... refund stands on a different footing than
specific performance. Whereas the relief for specific performance was
based entirely on the SPA, the claimant
Mere rise in prices by itself cannot be a ground for
refusing specific performance and cited K.Prakash v.
B.R.Sampath Kumar1 . At paragraph ... decree for specific performance. Rise in
price is a normal change of circumstances and, therefore, on that
ground a decree for specific performance cannot
specific performance is within
the discretion of the court, had the occasion to observe:
“5. It is settled law that remedy for specific performance ... decree of
specific performance in the following words:
“6. It is true that grant of decree of specific performance lies in
the discretion
specific
performance of the Agreements to Sell. It was held that
as per Article 54 of the Limitation Act , the limitation for
specific performance ... performance of Agreements to Sell. The Arbitral
Tribunal ought to have refused specific performance for
this reason. On the contrary, if assumed for the moment
fixed for performance of
47
the contract or if no such date is fixed, when the plaintiff has
noticed that performance is refused. Emphasising ... plaintiff and
defendants, to honour the Agreement of Sale or refuse for
specific performance of contract is only by the defendant
fixed for performance of
47
the contract or if no such date is fixed, when the plaintiff has
noticed that performance is refused. Emphasising ... plaintiff and
defendants, to honour the Agreement of Sale or refuse for
specific performance of contract is only by the defendant
