been substituted inter alia doing away with
the wider discretion of the Courts to grant specific
performance introducing substituted performance of
contract. In terms ... provisions, inter alia, specific performance of
contracts, contracts not specifically
enforceable, parties who may obtain and
against whom specific performance may be
obtained
Specific Relief Act reads as
follows:
20. Substituted performance of contract.-(1)
Without prejudice to the generality of the
provisions contained in the Indian Contract ... from the party committing
such breach.
(2) No substituted performance of contract
under sub-section (1) shall be undertaken unless
the party who suffers such
from the
party committing such breach.
(2) No substituted performance of contract
under sub section (1) shall be undertaken unless
the party who suffers such ... clause (a), the following clause
shall be substituted, namely:-
" (a) who has obtained substituted
performance of contract under section
enforced in favour of a person--
(a) who has obtained substituted performance of
contract under Section 20; or
(b) who has become incapable of performing ... been as
follows:-
"16. Personal bars to relief.- Specific
performance of a contract cannot be enforced in
favour of a person
contract and contracts including
specific performance and the sale, nature of contract
relating to Trusts, specific performance of part of the
contract, contract to sell ... authorized to sell circumstances of non
encroachment with variation substituted performance
of contract, special provision relating to infrastructure
project, constitution of special court, expeditious
disposal
parties cannot be termed as consideration. Section 2(e) of the
Indian Contract Act contemplates that every promise and every
set of promises, forming ... Contracts not specifically enforceable.-- The
following contracts cannot be specifically enforced,
namely:--
(a) where a party to the contract has obtained
substituted performance of contract
parties to the contract agree to
substitute a new contract or to rescind or alter it, the
original contract need not be performed.
10. This ... termination of the contract, it is the performance of the
contract that comes to an end on termination of the
contract, but the same remains
discharge of contract by performance refers
to fulfilment of the contract by performance of all the
obligations in terms of the original contract, discharge ... original contract either by entering into a
new contract in substitution of the original contract; or
by acceptance of performance of modified obligations in
lieu
Court that the plaintiff was disentitled to the discretionary relief of specific performance not only on the ground that he has set up a false ... specific performance of a contract, the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance. Such
contract, it would exclude by the terms of the contract itself the specific performance of contract to convey a property. The Court classified the contracts ... contract; and
iii) where the sum named is an amount the payment of which may be substituted for the performance
