Supreme Court of India
Biswanath Ghosh (dead) by Lrs. and Others v. Gobinda Ghosh Alias Gobindha Chandra Ghosh and Others
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
For the aforesaid reasons, the appeal is allowed, the impugned judgment passed by the High Court is set aside and the judgment and decree of the First Appellate Court confirming the judgment and decree passed by the Munsif are restored.
Judgment, page 24
From the headnote
SPECIFIC RELIEF ACT, 1963: s.16(c) - Specific performance - Readiness and willingness to perform contract - Held: For compliance of s. 16(c) of the Act, it is not necessary for the plaintiff to aver in the same words/used in the section i.e. ready and willing to perform the contract - The readiness and willingness of person seeking performance means that the person claiming performance has kept the contract subsisting with preparedness to fulfill his obligation and accept the performance when the time for performance arrive - In the instant case, the sequence of facts and events showed that
Authorities it was built on
Where later benches applied it
- 2020 Shiv Raj Gupta v. Commissioner of Income-tax, Delhi-iv
- 2017 D. N. Joshi (d) Thr. Lrs. & Others v. D. C. Harris & Another
Of those, 2 relied on
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