Contract and Specific Relief

Specific performance, held, cannot be enforced against such purchaser or their transferees as they would fall within exception of transferee for value who had paid money in good faith and without notice of original contract. (Para 25) [Seethakathi Trust Madras v. Krishnaveni, (2022) 3 SCC 150]

Principle of in pari delicto for denial of restitution is applicable where the claimant is more responsible for the illegality or the parties are considered to be equally responsible. In adjudicating a claim of restitution under S. 65 of the Contract Act, held, the court must determine the illegality which caused the contract to become

Highest bidder in auction does not acquire any right to have that bid accepted merely because it is the highest bid. Acceptance of highest bid or highest bidder is always subject to conditions of holding the auction and the right of highest bidder is always provisional to be examined in the context in different conditions

In adverting to the facts of this case, NCDRC was justified in taking the view that the condition in the allotment of payment of compensation @ Rs 2 per square foot is one-sided and constitutes an unfair trade practice. The letter of allotment is in a standard form. The purchaser has no option but to

38: The cause for the suit was stated to be the obstruction caused by defendants when plaintiff was in the process of constructing a wall on the eastern side. In this case, there was bare suit for injunction against trespass and for peaceful enjoyment of property by plaintiff. The Supreme Court held that the questions