Tag: Specific Relief Act 1963

In a recent decision, the Supreme Court of India revisited the issue of when and to what extent can advance money be forfeited in a failed property sale transaction. The issue arose when a suit for specific performance was filed by K.R. Suresh ("Plaintiff"), who, unable to complete a property purchase within the agreed timeframe. ......

The Specific Relief (Amendment) Act, 2018 ("Amendment Act") has brought about significant amendments to the Specific Relief Act, 1963 ("Act"), the critical one being that specific performance is now (unless a case falls within the exceptions) the norm instead of a discretionary power with Indian Courts. Our present series of articles focus on the four exceptions to the specific performance rule. In Part 1 of the series we discussed substituted performance, in Part 2 we discussed contracts that involve a continuous duty which cannot be supervised by Courts and in Part 3 we discuss the third exception that has been carved out i.e. contracts involving personal qualifications cannot be specifically enforced....