Mains Questions SPECIFIC RELIEF ACT Rectification, Rescission and Cancellation of Instrument (Ss. 26-33) Q. 1. Distinguish between Rectification, Rescission and Cancellation of Instrument. [B&JJS 1984] Q. 2. Distinguish between rectification and rescission of a contract. [HJS 1988] Q. 3. Discuss…
Mains Questions SPECIFIC RELIEF ACT Specific Performance of Contract (Ss. 9-25) Q.1 What is necessarily to be averred and proved by the person seeking specific performance of a contract? [DJS 2008] Q.2. Will the following contracts be specifically enforceable if…
28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed.- (1) Where in any suit a decree for specific performance of a contract for the sale or…
CHAPTER IV RESCISSION OF CONTRACTS 27. Where rescission may be adjudged or refused.-(1) Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases,…
Rectification of Instruments 26. When instrument may be rectified.- (1) When, through fraud or a mutual mistake of the parties, a contract or other instrument in writing (not being the articles of association of a company to which the Companies…
22. Power to grant relief for possession, partition, refund of earnest money, etc.- (1) Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908 (5 of 1908), any person suing for the specific performance of a contract…
21. Power to award compensation in certain cases.-(1) In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach in addition to such performance. (2) If, in any such suit, the court decides…
20A. Special provisions for contract relating to infrastructure project.- (1) No injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule, where granting injunction would…
Substituted performance of contracts, etc. 20. Substituted performance of contract.- (1) Without prejudice to the generality of the provisions contained in the Indian Contract Act, 1872 and, except as otherwise agreed upon by the parties, where the contract is broken…
18. Non-enforcement except with variation.- Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set up, in the…