Legal Llama

Rectification of Instruments Section 26 of the Specific Relief Act  talks about rectification. Let us understand in more clear terms. Rectification’ means correction and here ‘instrument’ means any legal document/contract. So, rectification of instruments means correction or changes in the contract. Under  Section 26 of the Specific Relief Act,1963 , it is provided that when any contract may be rectified: 1. When there is a fraud or when there is a mutual mistake by both the parties. Now the person who is entitled for the rectification of instrument are as follows: – Either party or his representative can file. The plaintiff in any suit can file if any rights arising under the rectification of instruments. Defendants can file in any suit as mentioned in sub-clause (B). 2. If in any case in which a contract or instrument is to be rectified under clause (1), the court finds that contract is done by fraud or by mutual mistake of the parties, then the court has discr...

  Specific Performance of Contract Enforceable   Under the following conditions specific performance of the contract is enforceable (Section 10): When there exists no standard for ascertaining actual damage: It is the situation in which the plaintiff is unable to determine the amount of loss suffered by him. Where the damage caused by the breach of contract is ascertainable then the remedy of specific performance is not available to the plaintiff. For example, a person enters into a contract for the purchase of a painting of dead painter which is only one in the market and its value is unascertainable then he is entitled to the same. When compensation of money is not adequate relief: In following cases compensation of money would not provide adequate relief: Where the subject matter of the contract is an immovable property. Where the subject matter of the contract is movable property and, Such property or goods are not an ordinary article of commerce i.e. ...

  Recovery of possession of Movable property Section 7 and 8 of the Specific Relief Act, 1963 contains provisions for recovery of possession of some specific movable property.  Section 7   of Act with the head ‘ recovery of Specific movable property’ provides that, “a person entitled to the possession of the specific movable property may recover it in the manner provided by the Code of Criminal Procedure, 1908 (5 of 1908). Explanation 1:  A trustee may sue under this section for possession of the movable property to the beneficial interest he is entitled. Explanation 2:  A temporary or special right to the present possession is sufficient to support a suit under this section.” The main ingredients of  section 7  are as follows. First, the plaintiff must be entitled to the possession of the movable property. A person may be entitled to the possession of a thing either by ownership or by virtue of a temporary or a special right as provided under explanat...