How does section 10 of the Specific Relief Act, 1963, as substituted in 2018, provide for specific performance of a contract?
Question and options
How does section 10 of the Specific Relief Act, 1963, as substituted in 2018, provide for specific performance of a contract?
The court must enforce it, unless a statutory bar or exception applies
The court may grant it only where compensation in money would not be adequate relief
It is available for contracts relating to immovable property and not others
The plaintiff must first sue for damages before seeking it
Answer and explanation
Since 1 October 2018 section 10 of the Specific Relief Act, 1963 provides that specific performance of a contract shall be enforced by the court subject to section 11(2), section 14 and section 16. This replaced the earlier rule that specific performance was discretionary and was ordinarily granted where compensation in money would not be adequate relief.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision
Related exam syllabi
More solved explanations in Specific performance of contracts
- As per the Specific Relief Act, 1963, a ground for refusing specific performance of a contract is:
- Under section 19 of the Specific Relief Act, 1963, which person is protected from specific performance of an earlier contract to which they were not a party?
- For a contract governed by the Specific Relief Act, 1963 as amended with effect from 1 October 2018, which statement about specific performance is correct?
- Under Section 12(2) of the Specific Relief Act, 1963, the part performance of a contract can be enforced:
- Which provisions does section 10 of the Specific Relief Act, 1963 expressly name as qualifications to its rule on enforcing specific performance?