Explain the specific relief act in details llb law notes. Specific relief amendment act, 2018 analysis, provisions. The specific relief act, 1877 contained the principles of equity, justice and good conscience. Section 41h of specific relief act section 41h provides that an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding. The specific relief act, 1877 chancery law chronicles. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Be it enacted by parliament in the fourteenth year of the republic of india as follows. Pdf an indispensable analogy of specific performance.
Thursday, june 25, 2015 sra 255 presentation of cancellation of instruments 1 the specific relief act, 1877 and the law of limitation act, 1908 topics to be discussed. As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the specific relief act, 1877 whall be in the discretion of the a. This civil remedy is invoked when aggrieved party apprehend that his property is transferred without following due course of law. The code of civil procedure, 1908 of bangla version. Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define and amend the law relating to certain kinds of specific relief be it enacted by parliament in the fourteenth year of the republic of india as follows. The object of the act may best be stated in the words of statement of object and reasons which runs as under. The other forms of specific relief mentioned in appendix aj forms 416 and 49, of the.
While deciding the suit under section 9 of the specific relief act, 1877, the following. Air1985cal315,19851chn129,89cwn372 for in the instant suit does not come within the scope and ambit of section 34 of the specific relief act, 1963 and the declaratory relief prayed for in the instant suit not being covered and prohibited by section 34 of the specific relief act, the said suit is not governed by the specific relief act. Format of suit for cancellation of documents with permanent. For section 10 of the principal act, the following section shall be substituted, namely. The specific relief act, 1877 part ii of specific relief chapter iiof the specific performance of contracts a contracts which may be specifically enforce section 15, specific performance of part. Injunction is a judicial process by which one has invaded or is threatening to invade the rights, legal or equitable, of another, is ordered to refrain from doing, or to do a particular act or thing. Perpetual injunction when granted section 38 specific. Commission contained in its 9th report on the specific relief act. This bill seeks to implement the recommendation of the law. The bill of the new act was drafted on the basis of the 9 th report of the law commission of india.
Bar in other cases of specific performance of part of contract. Pdf an indispensable analogy of specific performance under the. An injunction, which is a discretionary equitable relief, cannot be granted when an equally efficacious relief is obtainable in any other usual mode or proceeding except in cases of breach of trust. Law on specific performance of contract articles on law. The relief of specific performance is equally efficacious, rather more efficacious, remedy than the suit for injunction simplicitor. Injunction is a judicial process by which one who has invaded or is is threatening t invade the rights, legal or equitable, of another, is ordered to refrain from doing, or to do a particular act or thing. This bill seeks to implement the recommendation of the law commission contained in its ninth report on the specific relief act, 1877, except in regard to section 42 which is being retained as it now stands. In spite of the codification the law of injunction continued to expand and it fulfilled the needs of the society in different shapes and forms.
The question as to whether the grant of relief for specific performance will cause hardship to the defendant within the meaning of clause b of subsection 2 of section 20 of the specific relief act, 1963, being a question of fact, the first appellate court without framing such an issue ought not to have reversed the finding of the. An act to define and amend the law relating to certain kind s of specific relief. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. Section 38 of the specific relief act, 1963 provides that. Section 50, of the specific relief act bars the power of high court. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidityplaintiffs. An act to define and amend the law relating to certain kinds of specific relief. Specific relief granted under clause c of section 5 is called preventive relief. In section 6 of the specific relief act, 1963 hereinafter referred to as the principal act, in subsection 1, after the words he or any person, the words through whom he has been in possession or any person shall be inserted. Specific relief act, 1877 indian bare act law statute. Suit for cancellation of documents is a remedy provided in specific relief act 1877. In this act unless there be something repugnant in the subject or context. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he.
Oct 23, 2017 the specific relief act, 1877 part ii of specific relief chapter iiof the specific performance of contracts a contracts which may be specifically enforce section 15, specific performance of part. Compensation for loss through nonperformance of act known to be impossible or unlawful. Specific relief 41 laws of malaysia act 7 specific relief act 1950 list of amendments amending law short title in force from l. The current legal framework the specific relief act 1877 india act, 1877 1 may 1877 part i preliminary 12. An application under section 45, the specific relief act, can be made to. Code of civil procedure and in statutes, such as the transfer of property act. As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the specific relief act, 1877 whall be in the discretion of the. Aug 22, 2014 the specific relief act, 1877 contained the principles of equity, justice and good conscience. Full text containing the act, specific relief act, 1963, with all the sections, schedules, short title, enactment date, and footnotes.
An act further to amend the specific relief act, 1963. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the. A trustee may sue under this section for the possession of movable property to the beneficial interest. Notwithstanding anything contained in clause e of section 41, where a contract. This act may be called the specific relief act, 1877. Lectures of specific relief act pahuja law academy. Air 2006 sc 3275 5 1958 air 79, 1958 scr 514 6 ms best sellers retailip. The specific relief act 1877 is not an exhaustive code. Short title, extent and commencement 1 this act may be called the specific relief act, 1963. Section 8 partitionpossession, recovery of proofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidityplaintiffs. Be it enacted by parliament in the sixtyninth year of the republic of india as follows. Specific relief act 1963 section 34 page 4 judgments. On adjudging the cancellation of an instrument the court may require the party to.
The privy council granted the cancellation of the contract under section 39 of the specific relief act, 1877. Contract to do an act afterwards becoming impossible or unlawful. The need for a new statute suited for the new requirements lead to the enactment of the act of 1963. Cancellation of instruments section 39, 40, and 41 who can file a suit essentional elements and scopes of cancellation of instruments presented by. Specific relief act, 1877 section 41 42 the lawyers. Section 37 of the specific relief act 1963 defines different kinds of injunctions. Specific relief act, 1877 indian bare act law statute kanoon lawyerservices. Specific relief act, 1877, section 15 in urdu in hindi. The respondent is estopped by section 115 of the indian evidence act, 1872 from claiming that he was a minor at the time of executing the mortgage. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877.
Be it enacted by parliament in the fourteenth year of the republic of. An act to define and amend the law relating to certain kinds of specific relief preamble. This consideration also has a bearing upon the question whether. Suit under section 9 of the specific relief act, 1877 by. May 03, 2018 suit for cancellation of documents is a remedy provided in specific relief act 1877. Basic principles of law of injunctions articles on law. Specific relief act 1877 mcqs for preparation pakmcqs. Between a wrongdoer and the prior possessor prior possession of the plaintiff in an action for ejectment is sufficient title against all but the true owner and the wrongdoer cannot successfully resist the suit by showing that the title and right to possession are in a third person. With regard to repayment of the sum given as consideration for the mortgage in advance, it was held that restitution is not applicable to contracts void ab initio. Pdf this article attempts will be made to identify specific performance, compensations. Power to require party for whom instrument is cancelled to make compensation.
Jun 25, 2015 specific relief act, 1877 presentation 1. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidity. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief. Injunction when refused section 41 specific relief act.
The respondent must repay the amount advanced according to section 64 and 38 of the indian contract act 1872. Specific relief act 1i of 1877 7th february, 1877 an act to define and amend the law relating to certain kinds of specific relief preamble. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Specific relief act 1963 section 41 page 1 judgments. Friday february 28, 2014 aljumaa rabi thani 28, 1435 sukravara phalguna 09, 1935, at 02. Section 41h of specific relief act section 41h provides. This act came in force in the replacement of earlier act of 1877. Reciprocal promise to do things legal, and also other things illegal. Specific relief amendment act, 2018 an important bill named the specific relief amendment bill, 2018 to amend an existing act, called the specific relief act 1953 that had not been amended since its inception, was passed by lok sabha midmarch 2018 by a voice vote without debate amid over different issues, including the pnb scam. Injunction and extra judicial remedies under tort law. The codification of the law has never proved a fetter.
Liberal construction of section 21 of the specific relief act, 1877. Specific relief act, 1877, section 15 in urdu in hindi in. Suit under section 9 of the specific relief act, 1877, author. May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property.
702 636 61 451 518 941 140 95 656 532 286 495 306 214 559 900 632 335 416 598 269 1420 351 283 1446 23 767 1238 401 729 76 1265 234 511 1436 712 1282 443 130 933 107