Buyer Not Complying With Timeline For Payment Can't Seek Spe
Buyer Not Complying With Timeline For Payment Can't Seek Specific Performance Of Agreement To Sell : Supreme Court
|
The Supreme Court in a recent decision held that when a contract stipulates a specific time frame within which the consideration needs to be paid by the 'buyer' to execute the 'agreement to sale' by the 'seller', then the buyer must strictly adhere to such condition, otherwise, the 'buyer' can not avail a remedy of specific performance of the sale deed.
Reversing the concurrent judgments passed by the High Court and the First Appellate Court, the Bench of Justices Vikram Nath and Ahsanuddin Amanullah, observed that within six months, there existed the onus of paying the entire balance, however, it is not the case of the respondents that they had even offered to pay the remaining/balance amount before the expiry of the six-month period and the obvious import would be that the respondents had not complied with their obligation under the Agreement within the six-month period.
Post Categories
Featured Posts
Latest Posts
Latest Posts
"Why Is CARA Delaying Adoption Process?" Supreme Court Calls For Prompt Action To Benefit Waiting Children & Couples
The Supreme Court on Friday (13.10.2023), raised serious concerns over the delays in the adoption process and the potential impact on both aspiring parents and children in need of loving homes. The remarks came from a bench comprising CJI DY ...
Inheritance and Succession Laws for NRIs
📢 Inheritance and Succession Laws for NRIs Understanding inheritance and succession laws is crucial for Non-Resident Indians (NRIs) to manage their assets and ensure smooth transfer to their heirs. Here's a concise guide to these laws for NRIs, including key ...
Permanent Establishment (PE) Risk for Foreign Companies in India – 2026 Compliance Alert
Introduction: Why PE Risk Is a Serious Compliance Issue in 2026 India continues to witness heightened scrutiny of foreign companies operating through subsidiaries, employees, consultants, and digital presence. With increased data sharing, GST intelligence, and income-tax investigations, Permanent Establishment (PE) ...
SC On Aadhaar: Important Takeaways From The Recent Verdict
The Supreme Court ruled that Aadhaar, the ambitious public scheme that uses biometric data to generate unique identification numbers for citizens, is constitutionally valid, but with conditions. Here are the key takeaways from today’s verdict. Read More >
Supreme Court Says MP, MLA Can’t Claim Immunity From Prosecution On Charges Of Bribery
The seven-judge Constitution bench of the Supreme Court said it disagreed with the judgment in PV Narasimha and the judgment in PV Narasimha which grants immunity to legislators for allegedly bribery for casting a vote or speech has “wide ramifications ...
SC Criticises Trend Of Seeking Bail Under Guise Of Challenging Validity Of PMLA In Money Laundering Cases
Article 32 of the Constitution gives individuals the right to approach the Supreme Court if they feel their fundamental rights have been violated. Supreme Court on Tuesday deprecated the trend of the accused in money laundering cases using Article 32 ...
Speak With Our
Get a Appointment