Between the Lines | Supreme Court: Relief of specific performance of a contract is no longer discretionary after the 2018 amendment of the Specific Relief Act, 1963

The Supreme Court (“SC”) has in its judgment dated September 18, 2020 in the matter of B. Santoshamma & Another v. D. Sarala & Another [Civil Appeal No. 3574 of 2009], observed that relief of specific performance of a contract/agreementis no longer discretionary pursuant to the amendment to the Specific Relief Act, 1963 (“SRA”) bought […]

Between the Lines | Delhi HC: If the original contract in entirety is put to an end, the arbitration clause, which is a part of it, also perishes along with it

The Hon’ble High Court of Delhi (“DHC”) has in its judgement dated October 22, 2020 (“Judgement”) in the matter of Sanjiv Prakash v. Seema Kukreja and Others [ARB. Pet. 4/2020], held that if the contract is superseded by another, the arbitration clause, being a component/part of the earlier contract, falls with it. In other words, […]