https://www.taxtmi.com/caselaws?id=274280 Specific performance remains a discretionary equitable remedy, assessed on fairness, justice, conduct, and the surrounding circumstances; refusal in favour of compensation is not automatic. On the facts, the claimant's conduct and the opposing party's compliance supported granting specific performance rather than substitutionary compensation. The article also explains that execution of a foreign Admiralty Court decree from a reciprocating territory is maintainable under the Code of Civil Procedure, and the executing Indian Admiralty Court need not apply the territorial competence test used for an original civil suit. In admiralty matters, jurisdiction may turn on the presence of the vessel or res within territorial waters, so objections based on lack of Indian nexus did not defeat execution. en-us Wed, 27 Sep 2000 00:00:00 +0530 Sat, 04 Aug 2018 16:14:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=274280 Specific performance remains a discretionary equitable remedy, assessed on fairness, justice, conduct, and the surrounding circumstances; refusal in favour of compensation is not automatic. On the facts, the claimant's conduct and the opposing party's compliance supported granting specific performance rather than substitutionary compensation. The article also explains that execution of a foreign Admiralty Court decree from a reciprocating territory is maintainable under the Code of Civil Procedure, and the executing Indian Admiralty Court need not apply the territorial competence test used for an original civil suit. In admiralty matters, jurisdiction may turn on the presence of the vessel or res within territorial waters, so objections based on lack of Indian nexus did not defeat execution. Case-Laws Indian Laws Wed, 27 Sep 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=274280