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Discretion as to decreeing specific performance

Discretion as to decreeing specific performance legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2023 CLC 1363 PESHAWAR-HIGH-COURT Judicial Precedent
S.22Discretion as to decreeing specific performanceScope

Grant of decree for specific performance of the agreement is a discretionary relief which discretion is not to be exercised arbitrarily but reasonably guided by judicial principles capable of correction by a Court of appeal.

2017 SCMR 98 SUPREME-COURT Judicial Precedent
S. 22Discretion as to decreeing specific performanceScope

Section 22 of the Specific Relief Act, 1877, which dealt with discretion as to granting relief of specific performance, had no bearing on the validity of the contract; it only recognized the discretion vested with the Court to decline the specific performance of an agreement even in the absence of any impediment in such behalf

Section 22 of the Specific Relief Act, 1877 could not be invoked to determine the validity of an agreement.

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Precedents & Case Laws citing "Discretion as to decreeing specific performance"

CLC 2023
2022-June-23

2023 C L C 1363

JAVED IMRAN — Petitioner Versus MUHAMMAD ARIF — Respondent

Court: Peshawar (D.I. Khan Bench)
PLD 2015
2015-May-29

P L D 2015 Islamabad 191

ASIF ALI HASHMI through 4 Legal Heirs — Appellants Versus MUHAMMAD ARIF MIAN and 4 others — Respondents

Court: High Court
YLR 2015
Civil Revision No.295-D of 1998, decided on 8th April, 2015.

2015 Y L R 2302

ALLAH BACHAYA and others — Petitioners Versus REHMATULLAH and others — Respondents

Court: Lahore
SCMR 1987
Civil Appeal No. 273 of 1976, decided on 27th Apri1,1987.

1987 S C M R 1211

MUHAMMAD HUSSAIN‑‑Appellant Versus MEHR DIN and another‑‑Respondents

Court: High Court
SCMR 2021
Civil Appeal No. 1263 of 2017, decided on 14th September, 2020.

2021 S C M R 431

MUHAMMAD RIAZ HUSSAIN — Appellant Versus ZAHOOR UL HASSAN — Respondent

Court: Supreme Court of Pakistan
CLC 2023
2023-March-28

2023 C L C 1100

ASIM JAMSHAID — Appellant Versus SHAHZAD IQBAL MALIK and others — Respondents

Court: Lahore
SCMR 2017
Civil Appeal No. 56 of 2011, C.M.A. No. 6863 of 2014 in Civil Appeal No. 56 of 2011, Civil Appeal No. 462-L of 2009 and Civil Appeal No.11-L of 2013, decided on 11th November, 2016.

2017 S C M R 98

MUHAMMAD SATTAR and others — Appellants Versus TARIQ JAVAID and others — Respondents

Court: Supreme Court of Pakistan
YLR 2024
2023-October-2

2024 Y L R 2749

Syed Mazhar Ali Shah — Petitioner Versus Qavi Ullah — Respondent

Court: Peshawar
CLC 2022
N/A

2022 C L C 744

MUHAMMAD NAEEM SHAFI and another — Appellants Versus Mst. SHAMIM AKHTAR and another — Respondents

Court: Lahore
SCMR 2010
Civil Appeal No.1086 of 1999, decided on 9th June, 2009.

2010 S C M R 334

Mst. GULSHAN HAMID — Appellant Versus Kh. ABDUL REHMAN and others — Respondents

Court: Supreme Court of Pakistan