Supreme Court of India
R. Kandasamy (since Dead) & Ors. v. T.R.K. Sarawathy & Anr.
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 foregoing reasons, the appeals merit success and the same are allowed.
Judgment, page 31
From the headnote
Issue for Consideration Trial Court dismissed the suit for specific performance of an agreement for sale by the buyer. High Court allowed the appeal thereagainst and granted decree for specific performance. Whether the impugned judgment of the High Court warrants any interdiction in exercise of the appellate jurisdiction. Whether an omission on the part of the trial court to frame an issue on maintainability of a suit touching jurisdictional fact by itself takes away the powers of the higher court to examine whether the jurisdictional fact did exist for grant of relief as claimed. Headnotes†
Authorities it was built on
- 1991 Smt. Shrisht Dhawan v. Shaw Brothers
- 2011 Mrs. Saradamani Kandappan v. Mrs. S. Rajalakshmi & Ors.
- 1995 N.P. Thirugnanam (d) by L.rs. v. Dr. R. Jagan Mohan Rao and Ors.
- 2002 Nirmala Anand v. Advent Corporation (p) Ltd. and Ors.
- 2017 Mrs. A. Kanthamani v. Mrs. Nasreen Ahmed
- 2013 L.S. Sikandar (d) by Lrs. & Ors. v. K. Subramani & Ors.
- 1992 Smt. Chand Rani (dead) by L.rs. v. Smt. Kamal Rani (dead) by L.rs.
- 2019 Kamal Kumar v. Premlata Joshi & Ors.
- 2020 C.S. Venkatesh v. Murthy (d) by Lrs. & Ors.
- 2022 U.N. Krishnamurthy (since Deceased) Thr. Lrs. v. A. M. Krishnamurthy
- 2020 Ferrodous Estates (pvt.) Ltd. v. P. Gopirathnam (dead) & Ors.
- 2022 P. Daivasigamani v. S. Sambandan
- 2024 Bharat Sher Singh Kalsia v. State of Bihar & Anr.
Where later benches applied it
- 2026 V.n.a.s.chandran v. Mrs. S. Venilla and Ors.
- 2025 K.S. Manjunath and Others v. Moorasavirappa @ Muttanna Chennappa Batil, Since Deceased by His Lrs and Other
Of those, 2 mentioned
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