Supreme Court of India
Jayakantham & Others v. Abaykumar
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 above reasons a decree for the payment of ·Compensation in lieu of specific performance would meet the ends of justice.
Judgment, page 9
From the headnote
Specific Relief Act, 1963 - s. 20(1) - Discretion as to decreeing specific performance - Held: Court is not bound to grant the relief of specific performance merely because it is la11ful to do so - s. 20(1) indicates that the jurisdiction to decree specific performance is discretionary - However, the discretion of the court is not arbitrary but is sound and reasonable, to be guided by judicial principles - On facts, decree for specific performance 11;as passed by the courts below, in favour of respondent - However, material placed on record indicates that the terms of the contract, the
Authorities it was built on
Where later benches applied it
- 2024 Parswanath Saha v. Bandhana Modak (das) and Anr.
- 2023 Eldeco Housing and Industries Limited v. Ashok Vidyarthi and Others
Of those, 1 referred to · 1 mentioned
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