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following are cases in which the court may properly exercise discretion not to decree specific performance-
(a) where the terms ... time of the contract.
(3) The court may properly exercise discretion to decree specific performance in any case where
Central Government Act
knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal
Central Government Act
Court, if and when
can interfere with concurrent exercise of discretion by the
courts below-Arbitration ... between the
parties. The trial judge refused to exercise his discretion
in favour of the appellant and refused to stay
Supreme Court of India
Whether valid-power
of court to stay suit-Exercise of discretion by trial court-
Interference by appellate court.
HEADNOTE ... ordinarily substitute its discretion in place of the
discretion exercised by the trial court. It is equally well
settled that
Supreme Court of India
security-Tribunal ordering reinstatement-Duty of
Tribunal to exercise discretion properly-Constitution of
India Article 226-High Court's duty ... interfere in cases of
improper exercise of discretion.
HEADNOTE:
The first respondent was appointed in 1958 as a skilled
workman
Supreme Court of India
Court cannot
command the Corporation to exercise discretion in a
particular manner and in favour of a particular person. That ... individual cases. The Court
cannot command the Corporation to exercise discretion in a
particular manner and in favour
Supreme Court of India
requested to do a similar
revaluation exercise in respect of other bidders.
Supplementary report of GETE was submitted ... proceeded on the
basis as if EGOM had absolute discretion in the matter of
choosing the modalities. It is also
Supreme Court of India
general rule of
policy, disable itself from exercising its
discretion in individual cases.
But the rule that it formulates must ... contemplated by the enabling Act; otherwise it
has exercised its discretion invalidly by
taking irrelevant considerations into account.
Again
Supreme Court of India
Constitution,
praying that guidelines to regulate the exercise of discretion
in the matter of such allotment, which results in exercise ... family and their sources of income before
exercising discretion, and therefore, since the minister
approved the allotment without any verification
Supreme Court of India
Madras High Court
K.A. Mathialagan And Ors. vs The Governor Of Tamil Nadu And
Madras High Court
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