possession, this fact alone appeared to the Master sufficient warrant, for refusing specific performance.' And remembering that granting specific performance is always within ... support of the latitude allowed to Courts in England to refuse specific performance not because a title is bad but because it is doubtful
specific performance implied that the contract was still subsisting at the date of the suit; that the plaintiff by dropping-his claim for specific performance ... decree for specific performance, but as laid down in Sections 12 and 22 of the Specific Relief Act the grant or refusal of this relief
what circumstances
'hardship' can be taken into consideration
in refusing specific performance. It is not
possible to enumerate the different
circumstances which constitute ... states:
Severe hardship may be a ground for
refusing specific performance even though
it results from circumstances which arise
after the conclusion of the contract
what circumstances
'hardship' can be taken into consideration
in refusing specific performance. It is not
possible to enumerate the different
circumstances which constitute ... states:
Severe hardship may be a ground for
refusing specific performance even though
it results from circumstances which arise
after the conclusion of the contract
what circumstances
'hardship' can be taken into consideration
in refusing specific performance. It is not
possible to enumerate the different
circumstances which constitute ... states:
Severe hardship may be a ground for
refusing specific performance even though
it results from circumstances which arise
after the conclusion of the contract
Makers Development Services Pvt. Ltd. vs M. Visvesvaraya Industrial Research ... on 25 April, 2008
Equivalent
suit for specific performance, and the Court has a discretion to refuse specific performance, each case can be dealt with as it arises; and there ... contract still enforceable, I conceive, the Court might legitimately refuse the plaintiff relief by specific performance, and would at moat give him only nominal damages
plaintiff even if decree for specific performance is granted. It was thus urged that the decree for specific performance cannot be put into operation ... 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
earnest money or deposit, in case
the claim for specific performance is refused. In the present case, it was
urged that the amendment which ... paid or made by him, in
case his claim for specific performance is refused.
-(2) No relief under clause (a) or clause
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
