An injunction is an order by a court against the Defendant restraining him from doing or directing him to do an Act so as to prevent an irreparable injury from being caused to the Plaintiff. Injunctions can be in the form of a prohibitory injunction i.e. a preventive relief granted to the Plaintiff, restraining the… Continue reading Prohibitory and Mandatory Injunctions
Tag: Specific Relief Act 1963
Specific Performance vis à vis Readiness and Willingness
The Specific Relief Act, 1963 [“the Act”] inter alia provides redressal of grievances of a contractual party whose right has been violated due to breach of contract committed by the other party to the contract. The objective of the Act is to restore the affected party to the position he or she would have been… Continue reading Specific Performance vis à vis Readiness and Willingness
Determinability of Contracts under Specific Relief Act, 1963
Section 14 of the Specific Relief Act, 1963 [“the Act”] sets out classes of contracts which are not specifically enforceable under the Act viz.- Where a party to the contract has obtained substituted performance of contract in accordance with the provisions of Section 20; A contract the performance of which involves the performance of a… Continue reading Determinability of Contracts under Specific Relief Act, 1963