Supreme Court of India
Satish Batra v. Sudhir Rawal
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the High Court has completely misunderstood the dictum laid down in the above mentioned judgment and came to a wrong conclusion of law for more than one reason, which will be more evident when we scan through E the subsequent judgments of this Court.
Judgment, page 8
From the headnote
Contract - Agreement to sell - Payment of earnest money - Agreement stipulating forfeiture of earnest money c by the seller on failure on the part of purchaser to pay the sale amount before specified date - Failure on the part of purchaser in payment of sale amount as per the agreement - Forfeiture of earnest money by seller- Propriety of - Held: Part payment of purchase price cannot be forfeited unless it is guarantee 0 for the due performance of contract - Forfeiture of entire amount of earnest money depends on the terms of the agreement - On facts, the earnest money was a security for the
Authorities it was built on
- 1969 Shree Hanuman Coti'on Mills & Ors. v. Tata Air-craft Ltd.
- 2003 Videocon Properties Ltd. v. Dr. Bhalchandra Laboratories and Ors.
- 1996 H.U.D.A. and Anr v. Kewal Krishan Goel and Other Etc.
- 1995 Delhi Development Authority v. Grihasthapana Co-operative Group Housing Society Ltd.
- 1994 V. Lakshmanan v. B. R. Mangalagiri and Ors.
Where later benches applied it
- 2025 K.R. Suresh v. R. Poornima & Ors.
- 2025 Godrej Projects Development Limited v. Anil Karlekar & Ors.
- 2024 Authorised Officer, Central Bank of India v. Shanmugavelu
- 2022 Desh Raj & Ors. v. Rohtash Singh
Of those, 4 referred to
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