Specific Relief Act, 1963

Section 22

Specific performance of contracts for personal service.

⚡ Quick Answer Reference: Section 22 Specific Relief Act, 1963

Provision: Section 22 of Specific Relief Act, 1963
Act: Specific Relief Act, 1963
Classification: civil
Jurisdiction: India
Summary: This section states that a court cannot order specific performance of a contract for personal service unless it's satisfied that the defendant has unreasonably delayed or omitted to perform a term of the contract without a valid reason.

Statutory Content

What does Section 22 of Specific Relief Act, 1963 say?

Where any contract is for personal service, the court shall not grant a decree for specific performance of that contract, unless it is satisfied that the defendant has, without reasonable cause, omitted to perform or has unreasonably delayed the performance of any term of such contract.

Indian StandardSection 22, Specific Relief Act, 1963

Bluebook (21st ed.)Specific Relief Act, 1963, § 22 (India)

Court Pleading StandardSection 22 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 Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 22 of Specific Relief Act, 1963 mean?

Plain English Explanation

This section states that a court cannot order specific performance of a contract for personal service unless it's satisfied that the defendant has unreasonably delayed or omitted to perform a term of the contract without a valid reason.

Practical Interpretation

In practice, this section means that courts will carefully examine the circumstances surrounding a contract for personal service before granting specific performance. The court must be convinced that the defendant's failure to perform was unreasonable and without a valid excuse.

Core Legal Purpose

The core purpose of this section is to provide a safeguard against the enforcement of contracts for personal service, which can be onerous or oppressive. It ensures that the court considers the reasonableness of the defendant's actions before ordering specific performance.

Key Legal Elements

•The contract must be for personal service.
•The defendant must have unreasonably delayed or omitted to perform a term of the contract.
•The defendant's failure to perform must be without a reasonable cause.
•The court must be satisfied that the defendant's actions were unreasonable.

Practical Example

Practical Example of Section 22 Specific Relief Act, 1963

Rajesh, a software engineer, signs a contract with a company to work for five years. However, after two years, Rajesh decides to leave the company without a valid reason. The company seeks specific performance of the contract, but the court may not grant it unless it's satisfied that Rajesh's decision to leave was unreasonable and without a valid excuse.

Common Questions (FAQ)

Frequently Asked Questions about Section 22 Specific Relief Act, 1963

Q: What is the punishment or consequence under Section 22 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 contracts for personal service, which can involve both private individuals and public entities.

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

This section is a civil provision and does not prescribe a criminal offence.

Common Questions about Section 22 Specific Relief Act, 1963

What is Section 22 of Specific Relief Act, 1963?

Section 22 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 states that a court cannot order specific performance of a contract for personal service unless it's satisfied that the defendant has unreasonably delayed or omitted to perform a term of the contract without a valid reason.

What are the elements of Section 22 of Specific Relief Act, 1963?

The essential elements of Section 22 of Specific Relief Act, 1963 are: The contract must be for personal service.; The defendant must have unreasonably delayed or omitted to perform a term of the contract.; The defendant's failure to perform must be without a reasonable cause..

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