Supreme Court of India
Shenbagam & Ors. v. Kk Rathinavel
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the above reasons, we allow the appeal and set aside the judgment dated 7 January 2019 of the High Court of Judicature at Madras.
Judgment, page 27
From the headnote
Specific Relief Act: s.16 – Bars to the relief of specific performance – Held: s.16 provides certain bars to the relief of specific performance – These include, inter alia, a person who fails to aver and prove that he has performed or has always been ‘ready and willing’ to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented and waived by the defendant.…
Authorities it was built on
- 1997 K.S. Vidyanadam and Ors. v. Vairavan
- 1996 His Holiness Acharya Swami Ganesh Dassji v. Sh. Sita Ram Thapar
- 2002 Nirmala Anand v. Advent Corporation (p) Ltd. and Ors.
- 2012 Satya Jain (d) Thr. Lrs. & Ors. v. Anis Ahmed Rushdie (d) Tr.lrs. & Ors.
- 2010 M/s J.P. Builders & Anr. v. A. Ramadas Rao & Anr.
- 2014 Zarina Siddiqui v. A. Ramalingamalias R.amarnathan
- 2018 P. Meenakshisundaram v. P. Vijayakumar & Anr.
Where later benches applied it
Of those, 1 mentioned
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