Forced contract
Contract can't be forced
Specific performance is an actual performance of a contract. the plaintiff is entitled to have the specific thing wherefore he has contracted. there are some circumstances when a contract can not be specifically enforced.
According to Doemory:
Specific performance of contract consists in the contracting party is exact fulfillment of the obligation which he has assumed in his doing or omitting the very act which he has undertaken to do or not to do.
2. Relevant Provisions:
Specific performance of contract
1. Introduction:
Specific performance is an actual performance of a contract. the plaintiff is entitled to have the specific thing wherefore he has contracted. there are some circumstances when a contract can not be specifically enforced.
According to Doemory:
Specific performance of contract consists in the contracting party is exact fulfillment of the obligation which he has assumed in his doing or omitting the very act which he has undertaken to do or not to do.
2.
person entitled to sue
1.Introduction:Equity clean hands
1. Introduction:
The person seeking relief must not himself guilty of illegal or immoral conduct with regard to the same transaction which would disentitle him to any assistance of the court. the court of equity will take into consideration, the personal conduct of the plaintiff in the transaction in dispute and if he had not sought the help of the court with clean hands, court will refuse to grant him relief.
2. Meaning:
It means that the plaintiff not only must be prepared to do...
Follow the law
1. Introduction:
Equity has no clash with law neither it overrides the provisions of law. nor it is the enemy of law. it adopts and follows the basic rules of law. it is said that equity is not a body of jurisprudence acting contrary to law but is rather a supplement to law. it is a well knows rule that equity follows the analogies of law. the equity came not to destroyy the law but to fulfit it, to supplement it, to explain it. equity respect every word of law.
2. Meaning:
Equity is...
1. Introduction:
The court of equity always enforced its decree in personam. the court orders the decree of the court of equity do not directly operate to transfer legal right from the defendant to the plaintiff, but is of nature of personal command on the defendant and it is effected through his personal obedience. if he fails to obey the order of court of equity he is arrested and imprisoned.
2. Meaning:
Equity binds the conscience of a person do which is required by the court....
Declaration
1. Introduction:
Declaration is an authoritative pronouncement by the court in respect of a person's right to property or his status. declaration under specific relief act is particular type of relief where there is no specific performance, no award of compensation but merely a declaration of rights of the parties.
2. Relevant Provisions:
Sec. 42, 43 specific relief act.
3. Discretion of court as to declaration of status or right:
Any person entitled to any legal character, or to any right...