Section 14 14. Contracts which cannot be specifically enforceable.- The following contracts cannot be specifically enforced namely:- (a) Where a party to the contract has obtained substituted performance of contract in accordance with the provision of Section 20; (b) A…
“The bail is rule, jail is exception.” This rule was laid down by the Supreme Court in Moti Ram & Ors. v. State of M.P. (August 24, 1978) by Hon’ble Justice V.R. Krishnaiyer. Bailable Offences Non-Bailable Offences Similarity Both have been…
Classification of offences between cognizable and non-cognizable offence is on the basis of power of police to arrest and investigate the matter. There are following differences :- Basis Cognizable Offence Non-Cognizable Offence Provision Section 2( c) of Cr.P.C. Section 2(…
13. Rights of purchaser or lessee against person with no title or imperfect title.- (1) Where a person contracts to sell or let certain immovable property having no title or only an imperfect title, the purchaser or lessee (subject to…
Section 12 12. Specific performance of part of contract : (1) Except as otherwise hereinafter provided in this Section, the court shall not direct the specific performance of a part of a contract. (2) Where a party to a contract…
11. Cases in which specific performance of contracts connected with trusts enforceable.- Except as otherwise provided in this Act, specific performance of a contract [shall] be enforced when the act agreed to be done is in the performance wholly or…
Section 10 10. Specific Performance in respect of contracts.- The specific performance of a contract shall be enforced by the court subject to the provisions contained in Sec. 11(2), Sec. 14 and Sec. 16. Section 10 of the Act has…
Specific Performance of Contracts Specific Performance of Contracts is an equitable relief granted by the court to perform the contract when there is a breach of the same. Performance of the…
Section 8 8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession- Any person having the possession or control of a particular article of movable property, of which he is not the owner,…
The possession of immovable property can be recovered under two sections i.e. Sections 7 & 8.