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ARTICLE · 04 OCTOBER 2023

Nature Of Specific Relief Altered- From Exceptional Rule To General Rule

Parinam Law Associates
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On 5th September 2023 a Division Bench of Hon'ble Delhi High Court comprising of Hon'ble Mr. Justice Manmohan and Hon'ble Mr. Justice Saurabh Banerjee ("High Court") rendered a Judgment...

IndiaIntellectual Property

I. INTRODUCTION:

On 5th September 2023 a Division Bench of Hon'ble Delhi High Court comprising of Hon'ble Mr. Justice Manmohan and Hon'ble Mr. Justice Saurabh Banerjee ("High Court") rendered a Judgment in Global Music Junction Pvt. Ltd. v. Shatrughan Kumar1 , 2023 SCC OnLine Del 5479 ("Order") in an appeal holding as follows:

"86. To conclude, the Amendment Act, 2018 has taken away the discretion of the Courts in granting specific performance. Altering the nature of specific relief from an exceptional rule to a general rule has been done to ensure contractual enforcement and to increase adherence to the sanctity of contracts."

The Appeal arose out of an order dated 6th January 2023 ("Impugned Order") passed by the Learned Single Judge of the Hon'ble Delhi High Court. The Learned Single Judge observed that the production agreement dated 27th May 2021 entered between the Appellant and Respondent No.1, a renowned artist from Bihar ("Original Agreement") falls

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