Today April 1 PEARLS OF WISDOM* *[Hon’ble Justices N.V. Ramana, C.J. and Krishna Murari and Hima Kohli, JJ.]* The 3 Judges Bench of the Hon’ble Supreme Court, in the

[3/31, 07:16] sekarreporter1: https://twitter.com/sekarreporter1/status/1641617324376727553?t=2fsWGpkvY3rfPa7SonFlTg&s=08
[3/31, 07:16] sekarreporter1: *Today April 1 PEARLS OF WISDOM*
*[Hon’ble Justices N.V. Ramana, C.J. and Krishna Murari and Hima Kohli, JJ.]*

The 3 Judges Bench of the Hon’ble Supreme Court, in the case of *Katta Sujatha Reddy vs. Siddamsetty Infra Projects [(2023) 1 SCC 355]* has held that the provisions of Section 10 and 14(1)(a) of the Specific Relief Act, 1963 as amended by 2018 Amendment Act is a substantial law and not a procedural law since it created new rights and obligations which did not exist prior to such an amendment and therefore, the 2018 amendment to the Specific Relief Act is prospective and cannot apply to those transactions that took place prior to its coming into force.

It is further held that under the earlier law, grant of specific performance was discretionary. This provision which remained in the realm of the Court’s discretion, was converted into a mandatory provision, prescribing a power the Court had to exercise when the ingredients were fulfilled. This was a significant step in the growth of commercial law as the sanctity of contracts was reinforced with parties having to comply with contracts and thereby reducing efficient breaches.

You may also like...