Q. 1. What is Specific Performance of Contract?
Ans. It means execution of the contract as per the terms and stipulations entered into between the parties.
Q. 2. What is the object behind enacting section 199 CrPC?
Ans. In P.C. Joshi and another v. The State of Uttar Pradesh, AIR 1961 SC 387, the Supreme Court held that the core reason which this Court held to be the rationale for the special procedure engrafted by Section 199(2) Cr PC is that the offence of defamation committed against the functionaries mentioned therein is really an offence committed against the State as the same relates to the discharge of public functions by such functionaries. The said judgment was approved by the Supreme Court in the case of KK Mishra v. State of MP & Anr., Criminal Appeal No. 547 of 2018 [Arising out of Special Leave Petition (Criminal] No.6064 of 2017.
Q.3. Whether the plaintiff could claim the relief of specific performance of agreement against the defendant along with the relief of permanent injunction in the previous suit?
Ans. It was held in Sucha Singh Sodhi v. Baldev Raj Walia, C.A. No. 003777/2018 decided on 13-4-2018 that the plaintiff could not claim the relief of specific performance of agreement against the defendants along with the relief of permanent injunction in the previous suit for the following reasons:-
i. First, the cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific performance of agreement are independent and one cannot include the other and vice versa;
ii. Secondly, when both the reliefs/claims, namely: (1) Permanent Injunction; and (2) Specific Performance of Agreement are not identical, when the causes of action to sue are separate, when the factual ingredients necessary to constitute the respective causes of action for both the reliefs/claims are different and lastly, when both the reliefs/claims are governed by separate Articles of the Limitation Act, then, in our opinion, it is not possible to claim both the reliefs together on one cause of action.
Q. 4. What are the rights of the Agents?
Ans. Following are the rights of the Agents:-
a. Right to remuneration;
b. Lien on Principal’s property;
d. Compensation for damages;
e. Retain sum on behalf of the Principal.
Q.5. What are the circumstances in which agent is personally bound?
Ans. Following are the circumstances in which an agent is personally bound for the principal:-
a. When the agent acts for an undisclosed principal;
b. When the agent acts on behalf of a foreign principal.
Q.6. What is the effect on the suit, if there is failure for furnishing security for payment of cost by the plaintiff?
Ans. Suit will be dismissed.
Q.7. Whether the executing court has the power to modify the decree?
Ans. The executing court can neither modify nor vary the terms of the decree.
Q.8. What is the effect on the execution, if the decree holder omits to file notice to the judgment debtor under order 21 rule 22 CPC?
Ans. It renders the execution null and void.
Q.9. Who cannot be arrested in execution of a money decree?
Ans. A woman.
Q.10. Who can appoint an agent?
Ans. A major of sound mind.
Q.11. What is Remission of contract?
Ans. When a person accepts a lesser sum in discharge of the whole liability than what was contracted between the parties.
NOTE: The answers are suggestive. Kindly verify from the basic documents, judgments, gazette notifications or recommended textbooks in case of doubts. Answers given by the author herein are his own personal views and neither the publisher nor the author holds any responsibility for any mistake that may have inadvertently crept in.