#Partial Performance

The Kerala High Court affirmed that a contractor is entitled to payment for work substantially completed, even when the contract is terminated, but must have the value of unreturned materials deducted if the contractor has formally admitted their non-return. This clarifies the legal standard for set-off in construction disputes where written admissions override speculative cost claims.

Bombay High Court holds that a plaintiff can waive rights under Section 12(3) of the Specific Relief Act even during appeal, provided no prejudice is caused to the defendant. This ruling clarifies procedural flexibility in contract enforcement, impacting property disputes and civil appeals.