Oral Contracts for Specific Performance, Pleading Inconsistencies, and the Bar Under Order II Rule 2 CPC

sketch of the Supreme Court of India
Case
BOMBAY GARAGE AHMEDABAD LIMITED v. J P ISCON PRIVATE LTD. (Supreme Court of India, 29-09-2026)
Law
Code of Civil Procedure, Specific Relief Act, Companies Act, Indian Contract Act.

Highlights of the Judgment:

  • Rigorous legal standards and heavy burden of proof required to establish a concluded oral contract for immovable property.
  • Detailed interpretation of the statutory bar under Order II Rule 2 of the Code of Civil Procedure, 1908, when transitioning from an injunction suit to specific performance.
  • Evaluation of evidentiary shortcomings, including un-encashed high-value cheques and irreconcilable inconsistencies in pleadings.
  • Examination of corporate governance and agency principles regarding the requisite authorization to alienate company assets.