What is the Supreme Court Judgement on Section 38 of the Specific Relief Act?
Asked by: Georgiana Rogahn | Last update: April 18, 2026Score: 4.8/5 (34 votes)
The Supreme Court observed that “in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property.
What is the Judgement on Section 38 of the Specific Relief Act?
Under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he was in actual possession of the suit property on the date of filing of the suit.
What is the Supreme Court decision on cancellation of sale deed?
The Supreme Court has ruled that a sale deed executed without payment of consideration is void ab initio and carries no legal effect. Such deeds don't require cancellation under Article 59, and suits for possession fall under Article 65 with a 12-year limitation.
What is the landmark Judgement on Specific Relief Act?
The Supreme Court of India held that when one party fails to perform its specific contractual obligations, the question of time being "of the essence" does not arise. A party cannot claim that time was of the essence in a contract when its own reciprocal obligations were not fulfilled.
What is the latest judgement of the Supreme Court on Order 6 Rule 17 CPC?
i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side. This is mandatory, as is apparent from the use of the word “shall”, in the latter part of Order VI Rule 17 of the CPC.
Suits for Declaration-Permanent/Perpetual-Sections-34,38 & 39 of Specific Relief #Act 1963
Can prayer be amended?
(viii) Amendment may be justifiably allowed where it is intended to rectify the absence of material particulars in the plaint. (ix) Delay in applying for amendment alone is not a ground to disallow the prayer.
What is a real life example of the 6th Amendment violation?
In particular, the court found that the police had violated Ventris's Sixth Amendment right to counsel by using an undercover informant to elicit incriminating information from him in the absence of counsel though Ventris had never waived his right to counsel.
What is the new Specific Relief Act?
The Specific Relief (Amendment) Act, 2018 has fundamentally amended the law of specific performance in India by subordinating damages to specific performance as a contractual remedy.
Can you be forced into specific performance?
It is a court decree that compels a party to perform their contractual obligations. It is a powerful remedy that is granted at the court's discretion, not as a right. A court will only grant an order for specific performance when a monetary award of damages would be an inadequate remedy for the claimant's loss.
How can I find summaries of Supreme Court judgments?
Justia provides a free collection of all U.S. Supreme Court decisions from 1791 to the present. We also offer opinion summaries, briefs, oral argument audio, and resources that provide a panoramic view of each case in its context.
What are the valid grounds for cancellation of sale deed?
Yes, a sale agreement can be cancelled after signing if both parties mutually agree, or if there are valid legal reasons such as fraud, misrepresentation, breach of contract, or lack of legal competence.
What is the latest Supreme Court judgment on gift deed?
Anantha Subramanian & Ors., the Supreme Court reaffirmed that a gift deed, once accepted and acted upon, cannot be unilaterally revoked by the donor. In that case, the donor had attempted to execute a cancellation deed years later and even a sale deed, without notice to the donee.
What are the grounds for cancellation of settlement deed?
From the above Judgments, it is clear that the Settlement Deed cannot be cancelled unless either one of the elements of fraud, misrepresentation, undue influence or coercion is present. Such revocation is also possible only through a Civil Court."
Under what circumstances is specific performance not available as a remedy?
An order of specific performance is generally not granted if any of the following is true: Specific performance would cause severe hardship to the defendant. The contract was unconscionable. Money damages are an adequate remedy.
Can a suit for recovery of possession be filed under the Specific Relief Act?
Thus, according to Sec. 6 of the specific Relief Act, a person who has been dispossessed, may recover possession, if he institutes his suit within a period of six months, notwithstanding any other title that may be set up in such suit.
Is notice mandatory for specific performance suits?
No, it is not mandatory to issue a notice in a specific performance suit. U. N. Krishnamurthy (Since deceased) Thr. Lrs.
Is it worth it to sue for specific performance?
The practical reality is, that it often takes years to resolve a Specific Performance case and there are many contractual loopholes that often come into play such as “he said – she said…” Obviously, it is best if all parties can work toward some agreement without the need for such a lawsuit.
What is the limitation of suit for specific performance?
The limitation for filing a suit for specific performance, as per Article 54 of the Schedule to The Limitation Act, 1963 is 3 years 'from the date fixed for performance or if no such date is fixed, when the Page 11 11 plaintiff has notice that the performance is refused.
What happens if someone doesn't comply with specific performance?
If someone already in breach of a contract refuses to fulfill the requirements established in an order of specific performance, a judge could declare them in contempt of court. There could be numerous other consequences for their continued failure to fulfill their contractual obligations.
Which contracts Cannot be specifically enforced under Specific Relief Act?
-(1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation in money is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or ...
Has the Specific Relief Act 1877 been amended?
The Specific Relief Act 1877 (as amended up to Act No. 3 of 1954), Myanmar, WIPO Lex.
When can an injunction not be granted under the Specific Relief Act?
An injunction cannot be granted— (a)to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; (b)to restrain any person from instituting or prosecuting any ...
What is the Massiah rule?
6–3 decision for Massiah
Justice Potter Stewart, writing for a 6-3 majority, reversed and remanded. The Supreme Court held that incriminating statements deliberately elicited by federal agents in the absence of counsel after the proceeding has begun violate the Sixth Amendment.
What Court case violates the 6th Amendment?
Hemphill v.
In a 8-1 opinion, the Supreme Court reversed Hemphill's conviction and remanded his case for a new trial. The Court held that the admission of a transcript from another suspect's plea allocution implicating Hemphill violated Hemphill's Sixth Amendment confrontation right.
What case overturned Betts v. Brady?
Brady, 316 U.S. 455 (1942), was a landmark United States Supreme Court case that denied counsel to indigent defendants prosecuted by a state. The reinforcement that such a case is not to be reckoned as denial of fundamental due process was overruled by Gideon v. Wainwright.