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Breach of Contract and Specific Performance: the Law in India and England
This having been a descriptive rather than an analytical paper, the researcher has not attempted to raise any debatable issues and has restricted himself to giving the position of law in case of breach of contract and specific performance. Having described the various facets of the Specific Relief Act and it provisions, the researcher can now unequivocally opine that the law both in England and India is perfectly sound and reasonable. Especially in view of the changed provisions of the 1963 Act by which certain ambiguous or inequitable provisions of the 1877 Act were struck down, the present Indian Specific Relief Act is a cogent and lucid expression of the intentions of the legislature. One suggestion that the researcher would like to make here is an experimental expansion of the ambit of specific performance in certain areas which until now have been the exclusive preserve of the remedy of pecuniary damages. The clarity and comprehensibility of the Act can be well understood from a glance at cases where a remedy in specific performance was called for by the plaintiff. There were hardly any cases where the Court was called upon to examine or interpret a doubtful point. The judiciary is further helped by the immense body of case law, both Indian and English, which is available as precedent. …
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