Legal Advice

Performance of contract

Question: I have joined the affiliated non-govt. aided college as an assistant professor on the uncovered post (i.e. college has to pay) on the pay grade of 15600-39100 + AGP 6000 with agreement done on 01-08-2013. I have done my probation of 2 years with pay 21600 which was completed on 31-07-2015. I am still continuing the job. But college doesn’t give the full grade pay as committed in the agreement. 1st month they pay 21600. Then I asked them to pay full grade pay as committed. but they told that they will pay only 50% D.A from the next month, which is not as per the agreement. so please recommend me what to do. should I move to the court or there is another option available. another non covered staff is getting full grade pay in the same college.

Advise

If an agreement is signed by proposer and acceptor then this agreement becomes converted into a contract. This contract is legally binding on both parties to the contract. If consent is free and all the terms are clearly stated at or before the entering of agreement then such terms have a binding effect.

If an agreement is signed by proposer and acceptor then this agreement becomes converted into a contract. This contract is legally binding on both parties to the contract. If consent is free and all the terms are clearly stated at or before the entering of agreement then such terms have a binding effect.

You should send a notice to the management or appropriate authority for the performance of the contract. If any or some acts mentioned in the contract have been stalled then it is said non-performance of the contract. You should wait for some days like 30 or 60 days for their reply. Thereafter you can file suit for specific performance of a contract.

Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to awarding damages and is classed as an equitable remedy commonly used in the form of injunctive relief

Sections 10 to 12 of the Specific relief act provide a remedy for the specific performance of a contract. It is based on the rule of equity so no need to prove all the facts on the strict rule of evidence. You have to show that contract has not been performing as par the terms and you have suffered a loss which could not be recovered unless the contract is performed fully.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Civil Law

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