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Home Bare Acts Phrase: non performanceIndian Contract Act, 1872 Chapter 4
Title: Of the Performance of Contracts
State: Central
Year: 1872
.....must be performed within a reasonable time. Explanation.The question "what is a reasonable time" is, in each particular case, a question of fact. Section 47 - Time and place for performance of promise, where time is specified and no application to be made When promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed. Illustration A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods to B's warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise. Section 48 - Application for performance on certain day to be at proper time and place When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business. Explanation. The question "what is a proper time and place" is, in.....
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Chapter II
Title: Specific Performance of Contracts
State: Central
Year: 1963
.....vendor professes to sell unencumbered property, but the property is mortgaged for an amount not exceeding the purchase money and the vendor has in fact only a right to redeem it, the purchaser may compel him to redeem the mortgage and to obtain a valid discharge, and, where necessary, also a conveyance from the mortgagee; (d) where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the ground of his want of title or imperfect title, the defendant has right to a return of his deposit, if any, with interest thereon, to his costs of the suit, and to a lien for such deposit, interest and costs on the interest, if any, of the vendor or lesser in the property which is the subject-matter of the contract. (2) The provisions of sub-section (1) shall also apply, as far as may be, to contracts for the sale or hire of movable property. Section 14 - Contracts not specifically enforceable (1) The following contracts cannot be specifically enforced, namely:-- (a) a contract for the non-performance of which compensation is an adequate relief; (b) a contract which runs into such minute or numerous details or which is so dependent on the.....
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 54
Title: Effect of Default as to That Promise Which Should Be First Performed, in Contract Consisting of Reciprocal Promises
State: Central
Year: 1872
.....A does not provide any cargo for the ship. A cannot claim the performance of B's promise, and must make compensation to B for the loss which B sustains by the non-performance of the contract. (b) A contracts with B to execute certain builder's work for a fixed price, B supplying the scaffolding and timber necessary for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, and B is bound to make compensation to A for any loss caused to him by the non-performance of the contract. (c) A contracts with B to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a month, and B engages to pay for the merchandise within a week from the date of the contract. B does not pay within the week. A's promise to deliver need not be performed, and B must make compensation. (d) A promises B to sell him one hundred bales of merchandise, to be delivered next day, and B promises A to pay for them within a month. A does not deliver according to his promise. B's promise to pay need not be performed, and A must make compensation.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 67
Title: Effect of Neglect of Promisee to Afford Promisor Reasonable Facilities for Performance
State: Central
Year: 1872
If any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby. Illustration A contracts with B to repair B's house. B neglects or refuses to point out to A the places in which his house requires repair. A is excused for the non-performance of the contract if it is caused by such neglect or refusal.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 10
Title: Cases in Which Specific Performance of Contract Enforceable
State: Central
Year: 1963
Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the court, be enforced-- (a) when there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done; or (b) when the act agreed to be done in such that compensation in money for its non-performance would not afford adequate relief. Explanation.--Unless and until the contrary is proved, the court shall presume (i) that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and (ii) that the breach of a contract to transfer movable property can be so relieved except in the following cases:-- (a) where the property is not an ordinary article of commerce, or is of special value or interest to the plaintiff, or consists of goods which are not easily obtainable in the market; (b) where the property is held by the defendant as the agent or trustee of the plaintiff.
View Complete Act List Judgments citing this sectionSpecific Relief Act 1963 Section 20
Title: Discretion as to Decreeing Specific Performance
State: Central
Year: 1963
.....under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance. Explanation 1.--Mere inadequacy of consideration, or the mere fact that the contract is onerous to the defendant or improvident in its nature, shall not be deemed to constitute an unfair advantage within the meaning of clause (a) or hardship within the meaning of clause (b). Explanation 2.--The question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract. (3) The court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance. (4) The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 55
Title: Effect of Failure to Perform at a Fixed Time, in Contract in Which Time is Essential
State: Central
Year: 1872
.....voidable at the option of the promisee, if the intention of the parties was that time should be of the essence of the contract. Effect of such failure when time is not essential If it was not the intention of the parties that time should be of the essence of the contract, the contract does not become voidable by the failure to do such thing at or before the specified time; but the promisee is entitled to compensation from the promisor for any loss occasioned to him by such failure. Effect of acceptance of performance at time other than that agreed upon. - If, in case of a contract voidable on account of the promisor's failure to perform his promise at the time agreed, the promisee accepts performance of such promise at any time other than that agreed, the promisee cannot claim compensation for any loss occasioned by the non-performance of the promise at the time agreed, unless, at the time of such acceptance he gives notice to the promisor of his intention to do so.1 ______________________ 1. Cf. section 62 and 63, infra.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 136
Title: Result of Legatee Rendering Impossible or Indefinitely Postponing Act for Which No Time Specified, and on Non-performance of Which Subject-matter to Go over
State: Central
Year: 1925
Where a bequest is made with a condition super-added that, unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Illustrations (i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and thereby indefinitely postpones the fulfilment of the conditions. The bequest ceases to have effect.
View Complete Act List Judgments citing this sectionBhagelas Contracts Act of 1943 F, (Maharashtra) Section 8
Title: Bar of Suits in Respect of Bhagela Contract Except Suits Instituted for Recovery of Remuneration of Work Not Performed Without Just Cause
State: Maharashtra
Year: 1943
(1) Except in the case referred to in this section, no suit shall lie against the executant of a Bhagela contract or any other person for non-performance of labor, or in respect of any advance, debt or interest which is the consideration or part of the consideration of the contract. (2) If during the period of valid Bhagela contract, the Bhagela without just cause withholds the stipulated labor, then, subject to the provisions contained in section 5, an application may be made against the executant within three months after the termination of the period of contract to the Tahsildar of the taluka in which the executant resides, for the recovery of the actual remuneration of the work so withheld or not performed, but on such application the Tahsildar shall not decree a sum exceeding the principal of the advance found to be due at that time together with simple interest at a rate not exceeding six per cent. per annum. The decree passed by the Tahsildar shall, for all purposes, be deemed to be the decree of a competent Civil Court.
View Complete Act List Judgments citing this sectionKarnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001 Preamble 1
Title: Karnataka Prohibition of Smoking and Protection of Health of Non-smokers Act, 2001
State: Karnataka
Year: 2001
Preamble 1 - KARNATAKA PROHIBITION OF SMOKING AND PROTECTION OF HEALTH OF NON-SMOKERS ACT, 2001 THE KARNATAKA PROHIBITION OF SMOKING AND PROTECTION OF HEALTH OF NON-SMOKERS ACT, 2001 [Act, No. 2 of 2003]1 [28th February, 2003] PREAMBLE An Act to provide for prohibition of smoking in places of public work or use and in public service vehicles and for the protection of health of non-smokers in the State of Karnataka and to make provision for matters connected therewith or incidental thereto. Be it enacted by the Karnataka State Legislature in the fifty second year of the Republic of India as follows:- ________________________________ 1. First published in the Karnataka Gazette Extra-ordinary on the 10th day of March 2003.
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