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november 2017

Supreme Court of India · 2017-11-03

ORISSA LIFT IRRIGATION CORP.LTD. vs RABI SANKAR PATRO

Citation / case number
SC 2012/15992
Court
Supreme Court of India
Petitioner
ORISSA LIFT IRRIGATION CORP.LTD.
Respondent
RABI SANKAR PATRO
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

Judgment text excerpt

The Supreme Court addressed multiple civil appeals concerning the interpretation of various provisions under the Specific Relief Act, 1963, particularly Sections 34 and 38, which deal with the grant of injunctions and specific performance of contracts. The Court established that the grant of injunctions must be based on the balance of convenience and irreparable injury, emphasizing that mere delay in filing a suit does not automatically bar relief. The appeals were allowed in part, with directions for the lower courts to reconsider the applications for injunctions in light of the principles laid down.

ORISSA LIFT IRRIGATION CORP.LTD. vs RABI SANKAR PATRO · Niyam