Supreme Court of India · 2011-07-11
STATE OF HIMACHAL PRADESH vs SARAB DAYAL
- Citation / case number
- SC 2007/29676
- Court
- Supreme Court of India
- Petitioner
- STATE OF HIMACHAL PRADESH
- Respondent
- SARAB DAYAL
- Author
- DALVEER BHANDARI,DEEPAK VERMA, , ,
- Bench
- DALVEER BHANDARI,DEEPAK VERMA, , ,
Judgment text excerpt
The Supreme Court addressed multiple civil appeals concerning the interpretation of various provisions under the Specific Relief Act, 1963, particularly Section 14, which outlines the circumstances under which specific performance of a contract may be enforced. The Court established that specific performance is not available as a remedy if the contract is determinable, and emphasized the necessity of mutual consent for the enforcement of such contracts. The appeals were dismissed, affirming the lower courts' decisions that denied specific performance in the absence of valid contractual obligations.