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Project Report ON Law On Specific Performance of Contract

This document provides a report on the law of specific performance of contracts in India. It discusses the Specific Relief Act of 1963 and the types of specific relief it provides, including specific performance of contracts. Specific performance allows a court to order a party to actually perform the terms of a contract. The report notes recent proposed amendments to expand when specific performance can be ordered. It acknowledges the firm and internship guide, then covers contract law fundamentals and case examples related to specific performance before offering conclusions and recommendations.

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Shivani Yadav
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44 views14 pages

Project Report ON Law On Specific Performance of Contract

This document provides a report on the law of specific performance of contracts in India. It discusses the Specific Relief Act of 1963 and the types of specific relief it provides, including specific performance of contracts. Specific performance allows a court to order a party to actually perform the terms of a contract. The report notes recent proposed amendments to expand when specific performance can be ordered. It acknowledges the firm and internship guide, then covers contract law fundamentals and case examples related to specific performance before offering conclusions and recommendations.

Uploaded by

Shivani Yadav
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PROJECT REPORT

ON
LAW ON SPECIFIC PERFORMANCE OF
CONTRACT

LEGAL INTERNSHIP PROGRAM


BY
D.SHIVANANDINI
17FLICHH010012
UNDER
P. RAM REDDY ADVOCATE
JUBILEE HILLS
HYDERABAD

FACULTY GUIDE
Dr. HIMAVATHI
A REPORT
ON

BY
D.SHIVANANDINI
17FLICHHO10012

A REPORT SUBMITTED IN PARTIAL FULFILLMENT OF THE


REQUIREMENT OF BBA.LLB (HONS.) PROGRAM OF ICFAI LAW
SCHOOL, IFHE HYDERABAD.
ACKNOWLEDGEMENT

I wish to offer my earnest thanks to P. RAM REDDY Advocate for the consistent
guidance and enormous help and by providing me with the case diaries and files
which are very helpful in both understanding and executing this report. My sincere
thanks to Dr. A.V.NARSINHA RAO, Director, Faculty of Law, IFHE for giving
me such an open door. I would like to thank Dr. HIMAVATHI , Faculty of Law,
IFHE. For directing me all through the Internship program. I would also like to
thank all the staff at the place of P.RAM REDDY Sir’s,office. And furthermore I
want to thank every one of the people who have helped me all through my
temporary position to finish my internship report.
TABLE OF CONTENTS
S.N TOPIC PAGE
o No
1. ABSTACT

2. INTRODUCTION
THE FIRM

P.RAM REDDY Sir’s office is a reputed office and all the advocates practicing in
this office are highly experienced. My project guide P. RAM REDDY advocate
has been practicing law as profession for over 35 years and has created a great
reputation as a renowned civil and criminal Lawyer. He is highly experienced in
the field of law and has filed numerous cases.
ABSTRACT
INTRODUCTION

The Law of Specific Relief in India was originally codified by Specific Relief Act,
1877. The provision of this enactment was considered by the Law Commission in
its Ninth Report which was later replaced by the present act of 1963. The Specific
Relief Act, 1963 deals with the remedies granted at the discretion of the court for
the enforcement of individual civil rights. In case of breach of contract, the general
remedy available to the aggrieved party is compensation or damages of loss
suffered. For this, a civil suit is filed against the guilty party who had made the
default in performance of its duty or obligation as per the terms of contract under
the statutory provision of Section 73-75 of Indian Contract Act 1872. However,
sometimes pecuniary compensation does not satisfy the plaintiff so he may ask for
specific relief.
THE ACT PROVIDES THE FOLLOWING KINDS OF SPECIFIC RELIEF

 Recovery of possession of property


 Specific performance of contracts
 Rectification of instruments
 Rescission of contracts
 Cancellation of Instruments
 Declaratory decrees
 Injunction

SPECIFIC PERFORMANCE OF CONTRACTS


Specific performance is equitable relief given by the court n case of breach of
contract in the form of a judgment that the defendant is to actually perform the
contracts according to is terms and stipulations.
A contract, according to the Indian Contract Act, is an agreement enforceable by
law. From every contract there immediately and directly results an obligation on
each of the contracting parties towards the other to perform such of the terms of the
contract as he has undertaken to perform. And if the person on whom this
obligation rests, fails to discharge it, there results in morality to the other party a
right at his election either to insist on the actual performance of the contract or to
obtain satisfaction for the non-performance of it.
An obligation includes every duty enforceable by law. Consequently whenever a
man comes under a liability to do or forbear from doing anything, he remains
under an obligation. This liability may be a consequence of either a contract or a
tort. An obligation to forbear is a positive duty generally imposed by a contract.
This form of specific relief is described as “the specific performance of contract”.

On March 15th, 2018, the Lok Sabha passed the Specific Reliefs (Amendment)
Bill, 2017 by a voice vote proposing to amend several provisions of The Specific
Reliefs Act, 1963. The Bill, introduced by the Ministry of Law & Justice, is yet to
face the scrutiny of the Rajya Sabha. It is notable that this is the first time that an
amendment has been sought since the promulgation of the Act. The Act currently
offers specific relief in the event of a breach of the contract as an exceptional
remedy under limited circumstances and the Bill seeks to amend this position to
allow damages only as an exceptional remedy in the event of a breach.
LIST OF CASES
CONCLUSION
SUGGESTIONS AND RECOMMENDATIONDS
REFERENCES

BOOKS:
 Contract & Specific Relief by Avtar singh
 Specific Performance of contracts by Nilima Bhadbhade.
 Law Of Specific Relief by Justice P.S.Narayana
 Injunctions and Specific Performance by Robert J. Sharpe.

WEBSITES:
  https://legaldictionary.net/specific-performance/
 www.livelaw.in

ONLINE DATABASES:
 SCC ONLINE
 MANUPATRA

OFFICE CASE FILES:


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