Agreement In Specific ReliefHungcp
10. In addition to a clear interpretation of section 19 of the Act, we also consider this section to be exhaustive as to who are the parties against whom a contract of a certain benefit can be obtained. On 06.08.2003, the complainant filed a lawsuit, T.S. No. 1150 of 2003, in the City of Hon`ble Civil Court, on the grounds that the respondent`s cancellation of the development agreement was invalid and a permanent injunction preventing the original owner from entering into an agreement with a third party for the sale of the premises. The respondent argues, in a legal action, the practical execution of an agreement and proves that he was willing and willing to carry out his part of the contract continuously between the date of the contract and the date of the appeal hearing.” The specific benefit is a fair right of appeal granted by the Court of Justice for the performance of contractual obligations between the parties. This is a reimbursement of benefits, as opposed to an action for damages for breach, where financial compensation is granted as an exemption in the event of non-compliance with the contractual conditions. The power of the court to grant certain benefits is discretionary and based on justice, justice and good conscience. In Kanshi Ram Vs Omprakash Jawal – Air Golds 1996 SC 2150, where 100 square meters of land in Lajpat Nagar, Delhi was agreed to be sold for Rs 16000 /- in 1970, court after low price review, passage of this long period and plaintiff`s right to compensation in the alternative, decree to cancel the specific benefit and instead of compensation led by Rs 10 Lakhs. The statute of limitations for a special benefit use is three years from the date set for the benefit or if no date is set, if the applicant has noticed that the benefit is denied.
With regard to personal property, the general rule is to refuse specific relief, since it is assumed that non-compliance can be compensated in an unchanged form in the form of money under section 10 of the Act. Although Section 10 of the Act is now amended, this does not mean that some benefit is generally granted for mobile materials. The law also provides that the breach of the contract against mobile substances can be compensated and that the benefit may therefore be refused. An exception is made, among other things, where the property is not an ordinary commercial object, of particular value or interest to the applicant, or consists of property that is not readily available on the market. The provisions of Section 22 must also be taken into account when applying for appeal in cases where the applicant is not in possession of the land or land at issue. Any person against whom a written instrument is null or void and who reasonably fears that such an instrument, if any, may inflict serious injury on it, may take legal action to quash or annul it; and the court may, at its sole discretion, assess and order it for served and annulled. In appropriate cases, the Court may partially quash it and allow it to take a position on the delay. In addition, if the court authorizes the annulment of the deed, the court may also require the applicant to reinstate all benefits he has received from the other party and also to receive compensation in appropriate cases. Preventive assistance: preventive assistance is considered as any relief that prevents part of any act; an exemption from the court which provides that the party cannot perform certain acts for which discharge is required.
Such facilities may be imposed in the form of injunctions, i.e. no one is prevented from doing what, in the absence of such an order, he could have done. These may be temporary, permanent or mandatory. “20. Discretion for the performance of a given benefit. – (1) Jurisdiction over the performance of a given benefit is discretionary and the court is not required to grant such discharge simply because it is legal; but the discretion of the court is not arbitrary, but reasonable and reasonable, is directed towards the