Specific relief on contract enforcement- Good Read
Contract enforcement finally sees relief Nishith Desai Associates India July 27 2018 AMENDMENTS TO THE SPECIFIC RELIEF ACT - HIGHLIGHTS Courts must grant specific performance of a contract when claimed by a party unless such remedy is barred under the limited grounds contained in the statute. If a contract is broken due to non-performance of a promise by a party, the party suffering the breach has the option of substituting performance through a third party or through its own agency. A suit filed under the Specific Relief Act must be disposed of by the court within 12 months from the date of service of summons to the defendant. Such period can be extended by 6 months after recording written reasons by the court. No injunction can be granted by the court in relation to an infrastructure project if such injunction would cause delay or impediment in the progress or completion of the infrastructure project. On July 23, 2018, the Parliament passed the Specific Reli