Goyle's Law of Specific Performance

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Description
The Specific Relief Act 1963, provided for specific performance as a discretionary and equitable relief. Wide discretion was conferred upon the Courts to decide the cases of specific performance. With the passage of time, discretionary jurisdiction exercised by the courts made award of damages a general rule and grant of specific performance an exception in cases concerning breach of contract. However, since after the enactment of the Act in 1963, massive economic development has taken place all around ushering in a new era of commercial activities including foreign direct investments, public private partnership, public utilities infrastructure developments, to name just a few. The changed economic scenario required speedy resolution of dispute and expediting enforcement of contracts. However, the Act appeared to be deficient in catering to the newly-evolved needs of the business world because of the contemporary economic growth. The Parliament, therefore, felt the need of amending the Act to fine-tune the legal regime given the rapid economic growth taking place in the country and expansion of infrastructure activities. As such, the Act has been subjected to many a change by way of the Specific Relief (Amendment) Act 2018. The most remarkable aspect of the recent changes made in the Act is the removal of the discretionary and equitable jurisdiction of the court in cases involving specific performance.
•    Substituted performance
•    Specific Performance of Government contract
•    Specific Performance on oral contract
•    Readiness & willingness
•    Undue influence & fraud
•    Damages & Compensation
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Content
Part 1 : Specific Performance
Chapter 1 :  Introduction 
Part 2 : Specific Performance of Contract
Chapter 1 :  Contractual Obligations
Chapter 2 :  By and against whom contract Enforceable
Chapter 3 :  Defences  under Law of Contracts
Chapter 4 :  Jurisdiction and Powers of Court
Part 3 : Specific Performance of Statutory Obligations
Chapter 1 :  Restitution
Chapter 2 :  Possessory Suit
Chapter 3 :  Pre-emption
Chapter 4 :  Injunction
Appendix
1.    The Specific Relief Act, 1963
2.    The Indian Contract Act, 1872
3.    The Registration Act, 1908
4.    The Transfer of Property Act, 1882
5.     Plaints and Written Statements of Suits for Specific Performance
        under the Specific Relief Act, 1963
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Author Details
S.K.Pathak