Specific Relief Act, 1963

Section 42

Specific performance of contracts for personal service.

⚡ Quick Answer Reference: Section 42 Specific Relief Act, 1963

Provision: Section 42 of Specific Relief Act, 1963
Act: Specific Relief Act, 1963
Classification: civil
Jurisdiction: India
Summary: This section says that a court cannot order specific performance of a contract for personal service unless it's satisfied that the defendant has refused or neglected to perform the contract without a good reason, or is unable to perform, or the plaintiff can't find someone else to do the job for a fair price.

Statutory Content

What does Section 42 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, refused or neglected to perform the contract, or that the defendant is unable to perform, or that the plaintiff is unable to obtain the like service from any other person for a fair compensation.

Indian StandardSection 42, Specific Relief Act, 1963

Bluebook (21st ed.)Specific Relief Act, 1963, § 42 (India)

Court Pleading StandardSection 42 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).

AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.

Section Meaning & Purpose

What does Section 42 of Specific Relief Act, 1963 mean?

Plain English Explanation

This section says that a court cannot order specific performance of a contract for personal service unless it's satisfied that the defendant has refused or neglected to perform the contract without a good reason, or is unable to perform, or the plaintiff can't find someone else to do the job for a fair price.

Practical Interpretation

In practice, this section means that courts will carefully consider whether a contract for personal service should be enforced through specific performance, taking into account the defendant's reasons for not performing and the plaintiff's ability to find alternative service.

Core Legal Purpose

The core purpose of this section is to balance the rights of parties to a contract for personal service, ensuring that the court's decision is fair and reasonable, and that the plaintiff is not unfairly disadvantaged.

Key Legal Elements

•The contract must be for personal service.
•The defendant must have refused or neglected to perform the contract without a good reason, or be unable to perform, or the plaintiff must be unable to find someone else to do the job for a fair price.
•The court must be satisfied that one of these conditions is met before granting specific performance.
•This section does not apply if the defendant has a good reason for refusing or neglecting to perform the contract.

Practical Example

Practical Example of Section 42 Specific Relief Act, 1963

Rajesh, a software engineer, signs a contract with Priya's company to work for a year. However, Priya's company refuses to pay Rajesh's salary, and Rajesh is unable to find another job for a fair price. In this case, the court may grant specific performance of the contract, ordering Priya's company to pay Rajesh's salary and continue the employment contract.

Common Questions (FAQ)

Frequently Asked Questions about Section 42 Specific Relief Act, 1963

Q: What is the punishment or consequence under Section 42 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 both private individuals and public entities, as it is a general provision governing contracts for personal service.

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 42 Specific Relief Act, 1963

What is Section 42 of Specific Relief Act, 1963?

Section 42 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 a court cannot order specific performance of a contract for personal service unless it's satisfied that the defendant has refused or neglected to perform the contract without a good reason, or is unable to perform, or the plaintiff can't find someone else to do the job for a fair price.

What are the elements of Section 42 of Specific Relief Act, 1963?

The essential elements of Section 42 of Specific Relief Act, 1963 are: The contract must be for personal service.; The defendant must have refused or neglected to perform the contract without a good reason, or be unable to perform, or the plaintiff must be unable to find someone else to do the job for a fair price.; The court must be satisfied that one of these conditions is met before granting specific performance..

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