DISCRETIONARY POWERS OF COURT



Posted on 07-05-2016        By ADMIN



DISCRETIONARY POWERS OF COURT   

a. Jurisdiction of Court to decree specific performance is discretionary. Court will not order specific performance merely because it is lawful to do so. [Section 20(1)].  

b. Court will consider various aspects before issuing decree for specific performance.  

c. Court can grant compensation in lieu of even in addition to specific performance. [Section 21].  

F. OTHER CASES WHEN COURT CAN ORDER SPECIFIC PERFORMANCE   

(a)Order rectification of instrument if it does not reflect real intention of parties. This may happen through fraud or mutual mistake. [Section 26]  

(b)Order rescission of contract (section 27) 

(c)Cancellation of instrument by getting declared that it is void (section 31). 



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