Question
Under Section 10 of the Specific Relief Act, 1963 (as
amended in 2018), what is the general principle regarding granting of specific performance?Solution
The Specific Relief (Amendment) Act, 2018, introduced Section 10 establishing that specific performance should ordinarily be granted to all parties seeking enforcement, subject only to exceptions in Sections 11 (where adequate compensation is available), 14 (where contract terms are uncertain), and 16 (where hardship is disproportionate). This represents a paradigm shift from treating specific performance as discretionary to treating it as the standard remedy. The amendment reduces judicial discretion and increases contractual certainty. Courts must now grant specific performance unless specific exceptions apply, aligning with modern contract law principles. However, practical constraints (e.g., supervision difficulties, personal contracts) still limit specific performance availability.
Who is the winner of the World Games Athlete of the Year award 2021.
Which team won the Men's Hockey 5s Asia Cup title?
In 2025, who was reappointed as the Chairman of the Central Board of Direct Taxes (CBDT)?
Gross FDI inflows into India reached a four-year high of how much in June 2025?
What is the age of the stromatolites found at Salkhan Fossil Park?
Recently which of the following stock exchange has received approval from the Securities Exchange Board of India (SEBI) to set up a social stock exchang...
Recently central government has released Rs ______ to states for the promotion of exports under the Trade Infrastructure for Export Scheme (TIES) initia...
Under which program was the MoU signed between DPIIT and JKEDI to strengthen the startup ecosystem in Jammu & Kashmir?
Under the TCIL–PNB collaboration, which set correctly identifies the potential roles TCIL may undertake?
Indian Air Force in collaboration with ________________ has introduced a ‘Fleet Card – Fuel on Move’ for its varied fleet of vehicles.