terms of Section 20 of the Specific Relief Act, 1963 while refusing to grant a decree of specific performance and ordering the return ... terms of Section 20 of the Specific Relief Act, 1963 to refuse a decree of specific performance of contract.
20. This can be outlined
party asking for specific performance or the one resisting it. Specific performance, being an equitable relief, could also be refused on the ground that ... Court under Section 20 of the Specific Relief Act but the specific performance relief should not be refused arbitrarily. The discretion should be exercised
state that indefiniteness of time may be a ground for refusing specific performance. But in this case we are not satisfied that there was such ... Nath, we do not think that there is any ground for refusing specific performance.
25. We have already pointed out that the transaction was perfectly
performance of the suit agreement, the defendant would suffer irreparable loss or injustice, the relief of specific performance may be refused, the lower Appellate Court ... specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance
specific performance lies in the discretion of the court and it is also well settled that it is not always necessary to grant specific performance ... amount by one party to the other while granting or refusing decree of specific performance. Whether the purchaser shall be directed to pay an additional
that in all cases where this Court would refuse specific performance, the vendor ought to be entitled to retain the deposit. It may well ... would require the Court, according to its ordinary rules, to refuse, to order specific performance, in which it could not be said that the purchaser
specific performance of a con-tracts an equitable relief and at is within the discretion of the Court to grant or refuse it in accordance ... live with him, it may refuse him assistance altogether. The Court will also be justified in refusing specific performance where the performance of the contract
would be a matter of discretion for the Court to refuse specific performance and to make the plaintiff pay compensation when he is not carrying
when it is a contract to which, not only must specific performance be refused under the Transfer of Property Act , but as to which damages ... when it is a contract to which, not only must specific performance be refused under the Transfer of Property Act , but as to which damages
Specific Relief Act, 1963, provides as follows:--
"The court shall not refuse to any party specific performance of a contract merely on the ground ... above it is clear that the court could not refuse the decree for specific performance on the ground of want of mutuality
