Specific Relief Act, 1963

Section 12

Specific performance of contracts for personal service.

⚡ Quick Answer Reference: Section 12 Specific Relief Act, 1963

Provision: Section 12 of Specific Relief Act, 1963
Act: Specific Relief Act, 1963
Classification: civil
Jurisdiction: India
Summary: This section says that if a contract involves personal service, a court can't order specific performance unless it's satisfied that the other party has refused or neglected to perform the service or has broken a promise to do so, and that this refusal or neglect or breach of promise was without a reasonable cause.

Statutory Content

What does Section 12 of Specific Relief Act, 1963 say?

Where any contract is for personal service, the court shall not order the specific performance of such contract unless it is satisfied that the party against whom the order is sought has refused or neglected to perform or has broken a promise to perform the service, and that such refusal or neglect or breach of promise has been without reasonable cause.

Indian StandardSection 12, Specific Relief Act, 1963

Bluebook (21st ed.)Specific Relief Act, 1963, § 12 (India)

Court Pleading StandardSection 12 of the Specific Relief Act, 1963

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 12 of Specific Relief Act, 1963 mean?

Plain English Explanation

This section says that if a contract involves personal service, a court can't order specific performance unless it's satisfied that the other party has refused or neglected to perform the service or has broken a promise to do so, and that this refusal or neglect or breach of promise was without a reasonable cause.

Practical Interpretation

In real-life legal practice, this section means that a court will carefully examine the circumstances before ordering specific performance of a contract involving personal service. The court will consider whether the other party had a valid reason for not performing the service or breaking their promise.

Core Legal Purpose

The core purpose of this section is to ensure that specific performance of contracts involving personal service is only ordered when it's fair and reasonable to do so, taking into account the circumstances and the parties' actions.

Key Legal Elements

•The contract must be for personal service.
•The party against whom the order is sought must have refused or neglected to perform or broken a promise to perform the service.
•The refusal or neglect or breach of promise must be without reasonable cause.

Practical Example

Practical Example of Section 12 Specific Relief Act, 1963

Rajesh and Priya entered into a contract where Rajesh agreed to work as Priya's personal assistant for a year. However, after six months, Rajesh stopped working, citing personal reasons. Priya sued Rajesh for specific performance, but the court refused, citing Section 12 of the Specific Relief Act, 1963. The court found that Rajesh had broken his promise to work for a year, but had a reasonable cause for doing so.

Common Questions (FAQ)

Frequently Asked Questions about Section 12 Specific Relief Act, 1963

Q: What is the punishment or consequence under Section 12 of Specific Relief Act, 1963?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all contracts involving personal service, regardless of whether they are between private individuals or public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 12 Specific Relief Act, 1963

What is Section 12 of Specific Relief Act, 1963?

Section 12 of the Specific Relief Act, 1963 (Specific Relief Act, 1963) defines and regulates "Specific performance of contracts for personal service.". In plain terms: This section says that if a contract involves personal service, a court can't order specific performance unless it's satisfied that the other party has refused or neglected to perform the service or has broken a promise to do so, and that this refusal or neglect or breach of promise was without a reasonable cause.

What are the elements of Section 12 of Specific Relief Act, 1963?

The essential elements of Section 12 of Specific Relief Act, 1963 are: The contract must be for personal service.; The party against whom the order is sought must have refused or neglected to perform or broken a promise to perform the service.; The refusal or neglect or breach of promise must be without reasonable cause..

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