Section 14: Contracts Not Specifically Enforceable – Part 2

The Specific Relief (Amendment) Act, 2018 ("Amendment Act") has brought about significant amendments to the Specific Relief Act, 1963 ("Act"), the critical one being that specific performance is now (unless a case falls within the exceptions) the norm instead of a discretionary power with Indian Courts. Our present series of articles focus on the four exceptions to the specific performance rule. In Part 1 of the series we discussed substituted performance and in Part 2 we discuss the second exception that has been carved out.

Performance of a Continuous Duty

Section 14(b) now states that a contract cannot be specifically enforced "the performance of which involves the performance of a continuous duty which the court cannot supervise." An equivalent provision was also there as Section 14(d) of the [old] Act.