Under current law, courts grant specific performance when they perceive that damages will be inadequate compensation. As stated, the factum of his readiness and willingness to perform his part of the contract is to be adjudged with reference to the conduct of the party and the attending circumstances. A contract might not be specifically enforced if, as a result of superior bargaining power, the plaintiff takes unfair advantage of the defendant who is in a debilitated position. Both parties must consent of their free will. Charan Singh University Meerut- L. In considering the case of the High Commissioner for India v. The Court must have regard to interests of students as well as the institution.
The determining factor is whether, in equity and good conscience, the court should specifically enforce the contract because the legal remedy of monetary damages would inadequately compensate the plaintiff for the loss. A court will never specifically enforce an employment contract by ordering an employee to work for an employer because the to the Constitution prohibits. The doctrine of comparative hardship has been thus statutorily recognized in India. A bare reading of Clause c of Section 14 3 shows that it has no applicability. Specific performance will be granted where the contract involves a unique chattel; the court determines whether a chattel is unique. Renewal of contract: The contention advanced is that after expiry of the term of the contract, under some ad hoc arrangements with the owner, even if the old contractor might have made some extractions of ore and paid price that cannot be held to be an act of renewal of the contract.
Further, it is expressly stated that the provisions of the section are supplementary to, and not in derogation of, the right of in Scotland. Section 28 empowered State Governments to set up such Corporations. There may be cases in which no enforcement of a contract of personal service is prayed for as a relief, but a case may proceed on the basis that the dismissal could only be done in terms of a statute and as that had not been done it was a nullity from which the result followed that the respondent continued in service. Uncertainty is a question of fact arising out of document and on oral evidence adduced. Relief: There is a long established rule of Courts that service contract cannot be specifically enforced. If an action had been brought for specific performance of the contract, it would have been brought by or against the respondent and not by or against his mother.
Laches is applied only where enforcement of a right will cause injustice. Thus, suit for enforcement of contract for employment, riot maintainable. These enforcement powers are one of the principal reasons why plaintiffs seek specific performance of contracts. A court will enforce only a contract with definite and certain terms. It is clear that, if the mother and guardian had taken no part at all in the transaction, the respondent could not have entered into a valid contract to sell the land in suit to the appellants, but it is equally clear that such a contract could and did come into existence in the present case, and the question for decision is-was the person who contracted, within the meaning of Section 53A, the respondent or his mother? No order of specific performance is likely to be passed when the contract is revocable at the option of the opposite party. In 1968, he enrolled himself as an Advocate and since then concentrated only in law Courts.
Trustee with no Authority If a trustee enters into a contract when he or she has no authority to do so, then the contract will be deemed invalid, and the court will not allow it nor will it grant. The contract cannot be specifically performed. Grant of damages: The regulations contain the terms and conditions which govern the relationship between the Corporation and its employees. In the General Clauses Act exphasis is laid on honesty. Clause e : Contract by Trustee: No court of inquiry will grant specific performance where a trustee has entered into a contract for a lease which is in excess of his powers or has entered into a covenant for renewal which is ultravires. It could not be disputed that a contract of employment for personal service could not be specifically enforced and it is also clear that except the industrial law, under the law of contract and the civil law, an employee whose services are terminated could not seek the relief of reinstatement or back wages.
His decision was reversed by the District Judge of Guntur, who made an order for possession in favour of the respondent, subject to his paying to the appellants Rs. This rule, however, is subject to three well-recognized exceptions: i Where a public servant is sought to be removed from service in contravention of the provisions of Article 311 of the Constitution of India; ii Where a worker is sought to be reinstated on being dismissed under the Industrial Law; and iii Where a statutory body acts in breach of violation of the mandatory provisions of the statute. But once the appointment is made in pursuance of a Statute, though the appointing authority is not precluded from determining the employment, the decision of the appointing authority to terminate the appointment may be based only upon the result of an enquiry held in a manner consistent with the basic concept of justice and fair-play. I am mostly involved in new office infrastructure planning, procurement development, execution, and operations, not only this but I love to policies and procedure drafting for office operations. The respondent's father died on October 4, 1935, leaving him surviving his widow and the respondent, who was then and is still a minor. In this case, the court cannot possibly enforce such a contract, as the details identified in the contract are either conflicting or are otherwise too complex for a court to.
The purchase price was to be applied as to Rs. On the other end, is the enforcement of policies, which describe what we can and cannot do when providing service. C cannot enforce its specific performance. We think that this is made perfectly clear by the provisions of Section 20 of the old Act corresponding to Section 23 of the Act of 1963 so that the Courts has to determine, on the facts and circumstances of each case before it whether specific performance of a contract to convey a property ought to be granted. Contracts not specifically enforceable 1 The following contracts cannot be specifically enforced, namely,- a a contract for the non-performance of which compensation is an adequate relief; b a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the court cannot enforce specific performance of its material terms; c a contract which is in its nature determinable; d a contract the performance of which involves the performance of a continuous duty which the court cannot supervise. As explained in the discussion of the case of Charles Flowers, a court will deny specific performance if the plaintiff has acted in bad faith or fraudulently in the same transaction for which he is seeking relief. But Court was unable to hold that a person appointed as Vice-Chancellor is entitled to continue in office for the full period of his appointment even if it turns out that he is physically decrepit, mentally infirm or grossly immoral.
Where agreement seemed to be in perpetuity for all times to come; generation after generation, such agreement which would cast duty of performance be period longer than three years could not be specifically enforced. Such relief can be granted only on sound legal principles. It would appear, therefore, that the contract in the present case was binding upon the respondent from the time when it was executed. Section 52 authorised the appropriate Government to make rules and Sections 53 and 54 gave power to the Board set up under the Act and the Corporations respectively to make regulations consistently with the provisions of the Act and the Rules. In 1964 itself learned Munsif while dismissing the first suit had hold that his contract of employment could not specifically be enforced.
But all rules and regulations made by authorities in pursuance of a power under a statute do not necessarily have the force of law. However, termination, being in accordance with terms of appointment letter is justified. Reliance in this connection may also be placed on the following passage from the judgment of Privy Council in the case of Monghibai v. Equitable relief will be denied to anyone who has acted unjustly or with bad faith in the matter in which she seeks relief, irrespective of any impropriety in the behavior of the defendant. The renewal clauses of the agreement were vague and incapable of specific performance.