AI Overview...
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Omission to Include Electricity Connection - The legal issue involves the omission to include a residential house or poultry shed in the electricity connection, which affects the performance of contractual obligations. Such omissions are recognized as significant in determining entitlement to services like electricity, especially under statutory provisions like the Electricity Act, 2003, and related regulations. The failure to include electricity connection can impact the enforceability of rights under agreements or statutory rights K. Kandasamy VS A. Palanisamy - Madras.
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Specific Performance - Multiple sources discuss the concept of specific performance as a remedy in contractual disputes. It involves compelling a party to fulfill contractual obligations, such as providing electricity connection or executing sale deeds. Courts emphasize that specific performance is granted when monetary damages are inadequate, and the breach pertains to obligations that are clear and enforceable. However, the omission to include electricity connection may not automatically qualify for specific performance unless it pertains to contractual or statutory obligations explicitly requiring such inclusion Faqir Chand Gulati VS Uppal Agencies Pvt. Ltd. - Consumer, Faqir Chand Gulati VS Uppal Agencies Pvt. Ltd. - Consumer, Faqir Chand Gulati VS Uppal Agencies Pvt. Ltd. - Supreme Court.
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Misfeasance and Official Duties - One source clarifies that misfeasance involves improper performance of lawful acts and is distinct from omission. Acts related to official duties must have a direct connection; excesses beyond duty are not necessarily grounds for depriving protection, which may be relevant in cases involving official neglect or omission in providing services like electricity connections N. V. Thayumanavar VS State represented by Deputy Superintendent of Police - Madras.
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Legal Remedies and Enforcement - The right to enforce specific performance or claim damages through civil courts or consumer forums is highlighted. If an omission to include electricity connection constitutes a breach of contractual or statutory duty, affected parties can seek enforcement or damages. Courts may grant conditional or specific performance remedies if statutory conditions are met, especially under the Electricity Act, 2003, and related regulations T. M. Prakash VS District Collector, Tiruvannamalai - Madras.
Analysis and Conclusion: The omission to include electricity connection constitutes a breach of contractual or statutory obligations, which can be challenged through specific performance or damages. Courts distinguish between misfeasance (improper performance) and omission (failure to act), with the latter potentially giving rise to enforcement actions if linked to contractual duties or statutory rights. In cases involving electricity services, the failure to include connections can be remedied by approaching courts or regulatory forums for specific performance, provided the breach is established and statutory conditions are satisfied.
Search Results for "Omission to Include Electricity Connection Specific Performance"
1998 0 Supreme(Bom) 170 • India - Bombay
R.M.S.KHANDEPARKAR
The expression misfeasance has specific and distinct meaning and the said term has not been used in the said section so as to include ... The expression misfeasance has specific and distinct meaning and the said term has not been used in the said section so as to include ... or an account of omission to perform certain duties. ... However one cannot forget that the act of misfeasance implies improper performance of lawful act and does not imply either failure of performance#H....
• India - Consumer
R.V.RAVEENDRAN, LOKESHWAR SINGH PANTA
eitherenforcing specific performance and/or claim damages by approaching the civil court-Or he can approach the Forum under Consumer ... of the subject matter, a right to direct and govern the policy in connection therewith, and duty, which may be altered by agreement ... the builder but merely undertakes certain obligations towards the builder, breach of which would furnish a cause of action for specific ... performance and/or damages. ... He has the right to enforce specific #HL_STAR....
• India - Madras
P.R.SHIVAKUMAR
performance observation has been made in addition to the finding that the disparity in the value itself will show the improbability ... Held, Consideration quoted in Ex.A1 is shockingly low and that alone will be a ground for rejection of the equitable relief of specific ... plaintiff, for the reasons best known to him, has not chosen to do so cumulative effect of the evidence adduced on both sides and omission ... Even if it is assumed for argument sake, without admitting, that the suit sale agreement could be true, the appellant/plainti....
• India - Consumer
R.V.RAVEENDRAN, LOKESHWAR SINGH PANTA
specific performance and/or claim damages by approaching the civil court-Or he can approach the Forum under Consumer Protection ... of the subject matter, a right to direct and govern the policy in connection therewith, and duty, which may be altered by agreement ... the builder but merely undertakes certain obligations towards the builder, breach of which would furnish a cause of action for specific ... performance and/or damages. ... He has the right to enforce specific per....
2016 0 Supreme(Mad) 1500 • India - Madras
P.R.SHIVAKUMAR
performance because of misdescription omitting to include residential house well electricity service connection and poultry shed ... Indian Partnership Act, 1932 - Rule 3 - Suit for specific performance - Execution of sale deed - Agreement ... performance – Appeal dismissed ... Even if it is assumed for argument sake, without admitting, that the suit sale agreement could be true, the appellant/plaintiff was not entitled to the relief of specific #HL....
2008 5 Supreme 76 • India - Supreme Court
R.V.RAVEENDRAN, LOKESHWAR SINGH PANTA
eitherenforcing specific performance and/or claim damages by approaching the civil court-Or he can approach the Forum under Consumer ... of the subject matter, a right to direct and govern the policy in connection therewith, and duty, which may be altered by agreement ... the builder but merely undertakes certain obligations towards the builder, breach of which would furnish a cause of action for specific ... performance and/or damages. ... He has the right to enforce specific #HL_STAR....
2015 0 Supreme(Mad) 1469 • India - Madras
R.S.RAMANATHAN
It emphasized the need to establish a reasonable connection between the act and the official duty to determine the requirement of ... The court analyzed the acts alleged against the petitioner and their connection to his official duties, ultimately quashing the proceedings ... If in doing his official duty, he acted in excess of his duty, but there is a reasonable connection between the act and the performance of the official duty, the excess will not be a sufficient ground to deprive the public servant from the protecti....
2025 0 Supreme(SC) 101 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
After the order was quashed, the respondent filed a second suit for specific performance. ... (Paras 90-92) ... ... (B) Specific Performance - The court emphasized that a plaintiff may not ... be barred from seeking specific performance in a second suit if the relief was not available at the time of the first suit due to ... In such a situation, the court would be empowered to grant a conditional decree of specific performance subject to such permi....
2013 0 Supreme(Mad) 3462 • India - Madras
S.MANIKUMAR
service connection and supply to the Petitioner on production of the ‘No Objection Certificate. ... of their disputed ownership over the land they are entitled to access electricity because right to electricity is interpreted under ... Constitution of India, 1950 - Article 21 - Tamil Nadu Electricity Distribution Code, 2004 - Regulation 27 – The petition was filed ... Their children are studying in Schools and Colleges, but they do not have electricity connection. ... The legal right t....
2025 0 Supreme(SC) 1259 • India - Supreme Court
SANJAY KUMAR, SATISH CHANDRA SHARMA
(A) Electricity Act, 2003 - Performance Bank Guarantee - The appellant was directed by the Karnataka Electricity Regulatory Commission ... extension relief under the specific provisions of the contract. ... Purchase Agreement (PPA) is a binding contract, and compliance with specific conditions is mandatory to obtain relief or extensions ... The evacuation scheme prepared by Respondent No. 2 KPTCL envisaged connection of the project to the State grid through the commissioning of two #HL....
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