AI Overview...
- When is Specific Performance Granted in Contract Law
Main Points and Insights:
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General Principle: Specific performance is typically granted unless there are strong equities against it. Courts prefer this remedy when the subject matter of the contract is unique or cannot be adequately compensated by damages. For example, a property with sanctioned layout can warrant specific performance, but if the layout is unsanctioned, courts may deny it (Source: 00400072229).
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Type of Contracts: Specific performance can be granted for oral agreements, particularly under the Indian Contract Act, 1963, Section 20, provided the contract is clear and enforceable. Courts have upheld decrees of specific performance in such cases (Source: 04200005630).
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Legal Limitations: Specific performance is not available for contracts of service or employment, as courts do not enforce personal service contracts through this remedy. Damages are preferred in such cases. Also, the law discourages granting specific performance if it involves supervision or ongoing control (Sources: 00400005523, 00800034136).
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Relief Conditions: The remedy is discretionary and depends on the nature of the contract, the conduct of parties, and whether the contract is clear, certain, and capable of specific enforcement. Delay in filing suits can sometimes be excused if the party demonstrates diligent pursuit of the remedy (Sources: 00400072229, 01500021565, 00400060064).
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Injunctions and Temporary Orders: Courts may grant temporary injunctions in suits for specific performance, especially to preserve the subject matter until the final hearing, considering factors like balance of convenience (Source: 02100089614).
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Additional Considerations: Specific performance is generally not granted if the contract is illegal, uncertain, or involves personal services, or if equitable considerations favor denial. The remedy also includes incidental or ancillary relief necessary to enforce the decree (Sources: 00400072229, 01500021565, 00400060064).
Analysis and Conclusion:
Specific performance is granted when the contract is clear, enforceable, and involves unique subject matter, such as land or property with sanctioned layouts. It is discretionary and not granted for personal service contracts or where equities favor denial. Courts also consider whether the contract is oral or written, whether there has been undue delay, and if the remedy is appropriate under statutory provisions like the Specific Relief Act, 1963. Overall, specific performance is a special equitable remedy reserved for exceptional cases where damages are inadequate and the contract involves unique subject matter.
Search Results for "When is Specific Performance Granted in Contract Law"
2022 0 Supreme(Bom) 2666 • India - Bombay
BHARATI DANGRE
of specific performance under contract law, emphasizing that specific performance should generally be granted unless strong equities ... Whether the requirement for layout sanction constituted a valid ground for denying specific performance. ... However, it denied specific performance on the grounds that the layout of the property had not been sanctioned. ... specific p....
• India - Current Civil Cases
BIREN VAISHNAV, NISHA M. THAKORE
is for specific performance of an oral agreement – Decree of specific performance can be granted on the basis of oral contract – ... Specific Relief Act, 1963 – Section 20 – Agreement to sell – Suit for Specific Performance – Case of plaintiff ... performance – Impugned Judgment and decree upheld. ... Nagappa (supra) there can be no dispute that a decree of specific performance c....
1989 0 Supreme(Bom) 18 • India - Bombay
M.S.RATNAPARKHI
the alternative relief of specific performance of contract can never be granted in law, and therefore, exercising its revisional ... ... The consensus of the views takes us to a position that a specific ... the matter came to the High Court in revision, the High Court held that in view of the main relief claiming the recession of the contract ... Ltd.)3, A.I.R. 1968 S.C. 1355, the plaintiff had instituted a suit for recession of contract and in the ....
1991 0 Supreme(Mad) 746 • India - Madras
MISHRA, JANARTHANAM
Issues: Whether temporary injunction can be granted in a suit for specific performance of a contract for sale. ... SPECIFIC PERFORMANCE - INJUNCTION - BALANCE OF CONVENIENCE - SUIT FOR SPECIFIC PERFORMANCE OF A CONTRACT FOR SALE - WHETHER TEMPORARY ... performance decree is granted. ... S. 15 of the Specific Relief Act states who may obtain specific p....
• India - Delhi High Court
SANJEEV SACHDEVA, RAJNISH BHATNAGAR
, specific performance and injunctions are typically not granted; damages constitute the appropriate remedy for wrongful termination ... performance. ... (A) Specific Relief Act, 1963 - Sections 20 and 20A - Appellant sought injunction against termination of contract and declaration ... a claim for specific performance of the agreements. ... supervision or where the party against whom specific performance is sought....
1993 0 Supreme(Pat) 104 • India - Patna
R.N.SAHAY
under Industrial Disputes Act, 1947-it is settled law that the court do not grant relief for specific performance of contract of ... washer was taken over trial court decreed the suit which was affirmed by the Additional District Judge-reliefs, claimed can only be granted ... It is settled law that the court do not grant specific performance of the contract of service and, therefore, when there is purported termination of service of....
2025 Supreme(Online)(Mad) 65224 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. A.D. Maria Clete, J
(A) Specific Relief Act, 1963 - Section 19(b) - Limitation Act, 1963 - Article 54 - Second Appeal concerning specific performance ... Hence, the plaintiffs were entitled to the remedy of specific performance despite the lengthy delay. ... The plaintiffs sought specific performance against conflicting sales executed by family members to a third party. ... The discretionary relief of specific performance was, therefore, rightly #HL_ST....
1984 0 Supreme(Ker) 64 • India - Kerala
S.K.KADER
The court also emphasized that the relief of specific performance is a statutory relief, while damages is a common law relief granted ... Decree - Specific Performance - Damages - Specific Relief Act, Indian Contract Act - Summary Fact of the Case: The ... plaintiff filed a suit against the defendants for specific performance of a contract for sale and in the alternative for recovery ... In the c....
2019 0 Supreme(Bom) 1297 • India - Bombay
SANDEEP K.SHINDE
earlier to continue - Held, It is settled law that a decree for specific performance of contract includes everything incidental ... performance of agreement of sale - If such a relief is ancillary to and necessarily flows from a decree for specific performance ... same - Thereafter further course of action in this Petition will be considered - Stand over to eight weeks i-e Ad-interim order granted ... It is settled law that, a decre....
2025 Supreme(Online)(Mad) 56850 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
(A) Specific Relief Act, 1963 - Section 14 - Specific performance of contract - Injunction granted by the trial court was challenged ... performance based on a sale agreement. ... The trial court had granted an injunction based solely on the representation of the plaintiff as the managing partner of a partnership ... The learned counsel for the appellant submits that without proper appreciation of both facts and law, the court below erroneously #HL_S....
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