The provisions of this Chapter as to contracts shall apply to awards to which the Arbitration Act, 1940, does not apply and to directions in a will or codicil to execute a particular settlement. For instance, contract of personal service, to employ person on personal services, to complete library work, to cultivate land in particular manner, for paint of picture, to marry or instances in which either minute or numerous details are involved or dependant on personal qualification, thus not enforceable specifically in its material terms. Contract cannot be specifically enforced. Specific performance of the part of the contract relating to the road should be refused to B, even though it may be held that he is entitled to specific performance of the rest with compensation for loss of the road. The Appellate Court and the High Court were, therefore, in error in holding that the appellant had failed to comply with the requirements of Section 16 c of the Specific Relief Act and the appellant must be held entitled to a decree for specific performance of the contract in the suit filed by him.
The defendant did not choose to adopt that course and remained content with defending the suit filled by the appellant for cancellation of the agreement to sale and for recovery of the possession of the property. What instruments may be partially cancelled. The Court may infer from the facts and circumstances whether the plaintiff was ready and willing to perform his part of contract. Relief against parties and persons claiming under them by subsequent title. Provisions of the Amendment Act will come into force on such dates as may be notified by the Central Government. It is granted at any period of a sut and it regulated by the code of civil procedure.
A threatens to make these papers public, or to communicate their contents to a stranger. Further, as rightly held by the Courts below, the conduct of the respondent was not a gross conduct so as to justify giving of notice making time of the essence of the contract. Whether the relief in this regard is discretionary or mandatory upon the court? In the same case, the Court may, by order in the suit in which the decree has been made and not complied with, rescind the contract, either so far as regards the party in default, or altogether as the justice of the case may require. Relief not granted to enforce penal law 6. By declaration: Court may declare the right of party by way of decree other than award of compensation. According to the old chancery practice, an injunction may be described as a prohibatory writ issued by the chancery to restrain the defendant from using some legal right , the exercise of which would be contrary to equity and conscience.
But where under a contract conveyance, or will a beneficial right is to arise upon the performance by the beneficiary of some act in a stated manner or at stated time, the act must be performed accordingly in order to obtain the enjoyment of the right, and in the absence of fraud, accident or surprise, equity will not relieve against a breach of the terms. Rescission of a contract in writing cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same position as if the contract had not been made. The language in Section 16 c of the Specific Relief Act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing to perform his part of the contract. Liquidation of damages not a bar to specific performance. Necessity of: What the law contemplates is that when a person brings an action under a contract, he must disclose to the Court that he has not been guilty of breach of contract and that he has fulfilled all the material conditions of the contract and is also ready and willing to perform the other essential conditions of the contract. In the absence of such an averment it must be held that the plaintiff has no cause of action so far as the relief for specific performance is concerned.
Specific performance of the contract should be refused to D. C is entitled to have such endorsement cancelled, leaving the bill to stand in other respects. His experience is diversified across numerous sectors including financial regulation, health, sports, local government, planning and environment and public sector projects. There may be a contract small portion of that may remain unperformed due to certain reasons. An order of compensation, on the other hand, requires the contract-breaker to pay in money terms for the loss suffered.
Section 16 c of the Act mandates the plaintiff to aver in the plaint and establish as the fact by evidence aliunde that he has always been ready and willing to perform his part of the contract. But even so the landlord could claim and recover possession only through the court process. Chapter V provides relief from such kinds of documents. He must further plead that ne has been and it still ready and willing to specifically perform his part of the agreement. Presumption as to intent of parties 33. B may obtain the cancellation of the policy.
This is also known as a mandatory injunction. In brief where obligation in performance of a trust arises. Public nuisance: Injunctions are refused in the cases of public nuisance, as equity acts in personam. Notwithstanding default in carrying out the contract within the specified period, if having regard nature of the property and surrounding circumstances, it is not inequitable to grant the relief. The remedy, and its contours, affect the manner in which parties will negotiate their contract, the terms of the contract, how they will perform it, how they will renegotiate in cases of difficulty, and whether they would like to continue performance when performance becomes too costly. It is only then that the plaintiffs had notice of refusal of performance. Recovery of specific immovable property.
Specific performance of agreement to sell: The basic principle behind Section 16 c read with Explanation ii is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief. Therefore, in case the courts can infer that a party seeking relief has performed or has been ready and willing to perform the essential terms of the contract, courts can still grant specific relief, even if the pleadings do not contain an averment to such effect. The Committee headed by Mr. Essential conditions for maintenance a suit: Following essentials must be established for suit: 1. Thus in our considered opinion the said two circumstances taken together, is too weak a filament to stand even to build an image of readiness and willingness.
There is only a declaration of the rights of the parties without any consequential relief which can be enforced by the execution of the decree. This contract cannot be specifically enforced. A refuses to perform his contract. A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same. Section 63 of the Indian Contract Act, 1872 provides that every promisee may extend time for the performance of the contract.