WritingLaw (Page 87)

28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed. (1) WhereRead More →

29. Alternative prayer for rescission in suit for specific performance. A plaintiff instituting a suit for the specific performance of a contract in writing mayRead More →

30. Court may require parties rescinding to do equity. On adjudging the rescission of a contract, the court may require the party to whom suchRead More →

CHAPTER V – CANCELLATION OF INSTRUMENTS 31. When cancellation may be ordered. (1) Any person against whom a written instrument is void or voidable, andRead More →

32. What instruments may be partially cancelled. Where an instrument is evidence of different rights or different obligations, the court may, in a proper case,Read More →

33. Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void orRead More →

CHAPTER VI – DECLARATORY DECREES 34. Discretion of court as to declaration of status or right. Any person entitled to any legal character, or toRead More →

35. Effect of declaration. A declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and,Read More →

PART III (PREVENTIVE RELIEF) CHAPTER VII – INJUNCTIONS GENERALLY 36. Preventive relief how granted. Preventive relief is granted at the discretion of the court byRead More →

37. Temporary and perpetual injunctions. (1) Temporary injunctions are such as are to continue until a specified time, or until the further order of theRead More →

CHAPTER VIII – PERPETUAL INJUNCTIONS 38. Perpetual injunction when granted. (1) Subject to the other provisions contained in or referred to by this Chapter, aRead More →

39. Mandatory injunctions. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court isRead More →

40. Damages in lieu of, or in addition to, injunction. (1) The plaintiff in a suit for perpetual injunction under section 38, or mandatory injunctionRead More →

Section 41 Specific Relief Act (Updated) Injunction when refused. An injunction cannot be granted- (a) to restrain any person from prosecuting a judicial proceeding pendingRead More →

42. Injunction to perform negative agreement. Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do aRead More →

43. Amendment of Act 10 of 1940. [Rep. by the Repealing and Amending Act, 1974 (56 of 1974), sec. 2, Sch. I (w.e.f. 20-12-1974).] SpecificRead More →