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Specific performance of the contract  Question: Which contracts can be enforced and which contracts cannot be enforced? Discuss with the relevant section & examples. For which reasons a Court can refuse to give a decree of specific performance of contract even though the contract is legal and Answer: Specific performance of the contract: When a party to a contract suffers irreparable loss due to a breach of contract for which financial compensation is not considered enough or adequate, then s/he can sue before the court to enforce the terms of the contract, this is called a specific performance of the contract. Where breach of contract causes loss to any of the parties of the contract, the relief of which is not considered enough, appropriate and adequate through financial compensation, there, as the financial compensation is not sufficient, the aggrieved party is allowed to claim specific performance of the contract as appropriate and legal relief Section 12 of the Specifi...

The Nature and Protection of Human Rights in the United Kingdom: Human Rights  The video is concerned with the protection of human rights. The first task is to determine what is meant by human rights: there is a great deal of terminological inconsistency in this area with a number of terms frequently used- human rights, civil liberties- often referring to the same thing. For our purposes, human rights take two forms. On the one hand, there are the classical civil and political rights - the rights to liberty of the person, the rights to form political parties and to participate in elections, and the rights to freedom of conscience, religion and expression. On the other hand, there are social and economic rights - the right to employment, health care, housing and income maintenance during periods of ill health, unemployment or old age. Human rights lawyers have traditionally confined their concerns to the former category, to the exclusion of the latter even though social and economi...

Write short notes on the following topics: 1. Decree and order: 2. Mesne Profits 3. Judgment debtor 4. Legal Representative 5. Cause of action 6. Res judicata: 7. Res Subjudice: 8. Substituted Service: 9. Pleadings 10. Amendment of pleadings; 11. Rejection of plaint 12. Set off 13. Ex-parte decree: 14. Issue 15. Local Investigation 16. Attachment before judgment 17. Receiver 18. Mandatory injunction 19. Inherent Power 1. Decree and order: Generally, the final order of a suit is called a decree. According to section 2(2) of the Code of Civil Procedure, decree means the formal expression of an adjudication, which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. Decree determines the rights of the parties. Therefore, the order in which the rights of the parties are not determined, are not called a decree. Plaint is to be filed before the court to institute a suit. The defendant files a written statement after the...

Inherent Powers of Civil Courts  Question: Civil courts should invoke inherent powers in order to for the ends of justice or to prevent abuse of the process of the Court- do you agree with this statement? Answer with relevant law and example. Answer: Application of inherent power I agree with the statement that-Civil courts should invoke inherent powers in order to for the ends of justice or prevent abuse of the process of the Court. Because, there is a principle - actus curiae neminem gravabit meaning 'any act of court cannot infringe any legal right of any person'. Based on such principle, it has been held that if any party is aggrieved by any process of the court, he must have a relief. In the same way, any party of the suit may be guilty the abuse of the process of the court, for example, any party may obtain any advantage by fraud. Inherent power of the court means the application of special jurisdiction of court to conduct its judicial proceedings equitably. Courts use ...

The British Crown & Prerogatives The British Crown In early days all powers of the government were centered in the man who wore the Crown-the state cap of royalty. Down to 1688, the king was an efficient factor in the constitution. He ruled as well as reigned. Thenceforth it became otherwise. The King still reigns but he has gradually ceased to rule. And the fact that of the Constitution today is that the King has nothing to do with the affairs of the government. Functions of the Monarchy Personal authority of the King: In the actual conduct of the work of the government the Monarch personally performs certain specific acts and the most important of these is that the King must make certain that he has a government in the United Kingdom." The King as adviser The Monarch's role as a critic, adviser and friend of the Ministers is very much important. According to Bagehot, the Sovereign has "three rights- the right to be consulted, the right to encourage, the right wa...

Rules on Appeal Revision Review & Power of Appellate Court Question: Discuss Appeal, and revision as mentioned in the Code of Civil Procedure, 1908 Answer: What is Appeal? Any aggrieved party can file an appeal against the order of a lower court for the dismissal, amendment or judicial review of the order before a higher court. 1. Appeal should be filed in the form of memorandum. (order 41, rule 1) 2. Every appeal shall be signed by the appellant or his advocate (order 41, rule 1) 3. A copy of the decree or order shall be submitted with each memorandum (order 41, rule 1) 4. The appellant shall not, except by leave of the Court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the Appellate Court, in deciding the appeal, shall not be confined to the grounds of objection set forth in the memorandum of appeal or taken by leave of the Court under this rule. (Order 41, rule 2) 5. If there is no provision of appeal in law, no appeal c...