Relief against parties and persons claiming under them by subsequent title.— Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against— Provided that the company has accepted the contract…
Substituted performance of contract.— (1) Without prejudice to the generality of the provisions contained in the Indian Contract Act, 1872 (9 of 1872), and, except as otherwise agreed upon by the parties, where the contract…
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…
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…
Liquidation of damages not a bar to specific performance.— (1) A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid…
Bar of suit for compensation for breach after dismissal of suit for specific performance.— The dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff’s right to sue…
Application of preceding sections to certain awards and testamentary directions to execute settlements.— The provisions of this Chapter as to contracts shall apply to awards to which the Arbitration and Conciliation Act, 1996 (26 of…
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…
When rescission may be adjudged or refused.— (1) Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases,…