Sahayata & Sahayata

 The law with respect to discretion by the Court in the case of specific  performance is clear and the Hon'ble Supreme Court in the case of Hemanta  Mondal and Others Vs. Ganesh Chandra Naskar reported in (2016) 1 SCC  567 has held as under: "14. Section 20 of Specific Relief Act, 1963 gives discretion to the court, and provides that the court is not bound to grant relief of specific performance merely because it is lawful to do so. It further provides that the discretion is not to be exercised arbitrarily but guided by judicial principles. Sub-section (2) of Section 20 enumerates three conditions when discretion is not to be exercised to grant decree of specific performance:- "20(2)(a) where the terms of the contract or the conduct of the parties at the time of entering into the contract or the other circumstances under which the contract was entered into are such that the contract, though not voidable, gives the plaintiff an unfair advantage over the def...

  Supreme Court: One Nation, One Election: BCI Chairman suggests Constitutional changes and political funding reforms to implement this ambitious proposal. Custodial Deaths: The Supreme Court stays Meghalaya High Court's order mandating ₹10-15 lakh compensation for custodial deaths, raising concerns about accountability. Tulsidas Controversy: The Court issues notice in Samajwadi Party leader's plea against criminal proceedings over his remarks on Ramcharitmanas, highlighting freedom of speech concerns. Professional Tax Exemptions: Lawyers rejoice! The Court confirms that professional activities of lawyers are not taxable under the commercial establishment category. High Courts: Bombay HC: Government remains undecided on renewing Turf Club lease or creating a theme park at Mahalaxmi Racecourse, leaving the fate of the iconic venue uncertain. Delhi HC: High Court refuses to suspend the sentence of Kuldeep Singh Sengar's brother in the Unnao rape case, sp...