<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1998 (5) TMI 420 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=303149</link>
    <description>Specific performance requires the contract sought to be enforced to be specifically pleaded and clearly proved. The Court found no concluded contract on 25 January 1984 because negotiations were still continuing and the terms were not finally settled. It further held that the plaintiff could not rely on a separate alleged agreement of 28 April 1984 without amending the plaint, as relief must conform to the pleaded case. A materially different contract cannot be enforced through evidence inconsistent with the pleadings or under a general prayer. The decree for specific performance was therefore unsustainable.</description>
    <language>en-us</language>
    <pubDate>Fri, 15 May 1998 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 06 Jul 2022 14:25:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=684153" rel="self" type="application/rss+xml"/>
    <item>
      <title>1998 (5) TMI 420 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=303149</link>
      <description>Specific performance requires the contract sought to be enforced to be specifically pleaded and clearly proved. The Court found no concluded contract on 25 January 1984 because negotiations were still continuing and the terms were not finally settled. It further held that the plaintiff could not rely on a separate alleged agreement of 28 April 1984 without amending the plaint, as relief must conform to the pleaded case. A materially different contract cannot be enforced through evidence inconsistent with the pleadings or under a general prayer. The decree for specific performance was therefore unsustainable.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Fri, 15 May 1998 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=303149</guid>
    </item>
  </channel>
</rss>