specific relief act slideshare

Alternate plea of specific performance of contract. Meaning of specific performance. It comes into picture when there is a breach of contract and the same is not dealt by damages as compensation. Where specific performance is allowed. Section 14, 14A, 15 and 16 of Specific Relief Act 1963. The Contract Act of 1872 and the original Specific Relief Act of 1877 belonged to the same period of legislative enactments. Equity, Trust, & Specific Relief by B. M. Gandhi. Definitions. The Specific Relief (Amendment) Act, 2018, has received the presidential assent on 01.08.2018 and came into force on 01.10.2018. Analysing the Law of Specific Relief. An Act further to amend the Specific Relief Act, 1963. ORIGIN OF SPECIFIC RELIEF : Specific Relief is a product of Equity courts in England. Definition of specific relief: Specific relief in specie. Under section 12(2) of the Specific Relief Act, 1963, part performance of a contract can be enforced by (a) the promisor (b) the promisee (c) either the promisor or the promisee (d) only promisor and not the promisee. Specific Relief Act, 1963. Specific Relief Act, 1963. SPECIFIC RELIEF ACT, 1963. Short title, extent and commencement. The Act is based on equity and justice and is complimentary to the other substantive law. The principles underlying the Specific Act are really the same as those originated and prevailed in the Courts of Equity in England. Recovery of specific movable property. 7. Section 5 of Specific Relief Act provides that a person entitled to the possession of specific immovable property may recover it in the manner provided by Civil Procedure Code, 1908.Section 5 in simple words says any person who is lawfully owner of immovable property can get the possession of such property by due course of law.. The Bill seeks to amend the Specific Relief Act, 1963. Local extent. The Specific Relief Act, 1963 under Section 31 tells us about when the cancellation of an instrument may be ordered by a court. And it shall come into force on the first day of May, 1877. Its main objective is to provide relief to the parties who have suffered civil wrong. 12 years. Short title, extent, and commencement-This Act may be called the Specific Relief Act, 1963. 88. - by admin. INTRODUCTION The Specific Relief Act 1963 ("the Act") sets out the remedies available to parties whose contractual or civil rights have been hampered. Introduction - Section 16 deals with persons for whom contract cannot be specifically enforced on a special ground of defence of the Plaintiff's own conduct. [Repeal of enactments.] A perpetual Injunction can only be granted by a decree made at the hearing and upon the merits of the suit. 2. This article will also talk about the position of the determinable contracts under specific relief act of 1963. MCQs: Specific Relief Act 1877 - Mcqs - Mcqs Clouds is a portal which provide MCQ Questions for all competitive examination such as GK mcq question, competitive english mcq question, arithmetic aptitude mcq question, Data Intpretation, C and Java programing, Reasoning aptitude questions and answers with easy explanations. THE SPECIFIC RELIEF ACT, 1963 The Specific Relief Act, 1963 was came into force on 1 st March 1964. As the Preamble to the Act suggests it 'defines and amends the law relating to certain kinds of Specific Relief'. Prior to the amendment of the Act in 2018, the grant of specific performance was not available as a . The law of "specific relief" as administered in Pakistan is primarily contained in the Specific Relief Act, 1877.It was promulgated on the 7 th of February, 1877 in British-India, prior to Partition in 1947. 10. Interpretation-clause 3. Introduction. This is because the remedy of specific performance does not depend upon merely on the existence of a […] 6. Power to Award Compensation under Specific Relief Act. It extends to the whole of India. XII of 1891).] Section 5 and 6 of the Specific Relief Act, 1963 provide methods for recovery of possession of immovable properties. 2. Absolute title: If the rightful owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of the statute of limitation applicable to the case, his right is forever extinguished and the possessory owner acquires an absolute title. Recovery of specific immoveable property. Injunctions are a specific order under which a party must abstain from performing any act. The following contracts cannot be specifically enforced, namely:-. (1) This Act may be called the Specific Relief Act, 1963. Section 6 of Specific Relief Act on the other hand is based . Q.6:- The specific performance of a contract shall be enforced by the court: Subject to the provisions of the Indian Contract Act, 1872; Subject to the provisions of the I & B Code, 2016. Definitions: 3. This Amendment was the first ever amendment to be made in the Act and it has made changes in quite a few sections of the original act. 1For the Statement of Objects and Reasons, see Gazette of India, 1875, Pt. The Specific Relief Act, 1877. Section 10 of the Specific Relief Act, 1963 Provides that: 1. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Law of Equity was developed in England to fill up the deficiencies found in Common Law of England. Therefore, 'Specific Relief, as a form of . Doctrine of pblic trust - evs project. In England, where the concept of equitable form of relief was applicable, a party to a contract had two remedies available to him in the event the other party defaulted or omitted to hold up his part of the promise. An Act to define and amend the law relating to certain kinds of specific relief. What is specific relief: It is a positive remedy. Recovery of specific immovable property. Rep. by the Amending Act, 1891 (XII of 1891). Preliminary. Contracts not specifically enforceable. 3 years b. Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:-. Where specific performance is allowed. As the primary purposes of the Act were vested in the very title of this legislation, that is Specific Relief, due to which we can have a basic understanding that the Specific Relief Act is a legal statute dealing with reliefs or recovery of the damages of the injured person. Therefore, in this case the party can appeal in the civil court by mentioning that the delay was caused due to . As the Short Title to the Act states 'Specific Relief Act', it is called specific relief, because the suit . 4. If the time period of six months has lapsed as mentioned in the act, then no suit can be filed for recovery of disposed immovable property. 5. Specific Relief Act, 1963Specific Relief Act, 1963 The Act contains The Act contains ThreeThree parts and parts and EightEight Chapters. Liability of person in possession, not as owner, to deliver to person entitled to immediate possession. The remedy of damages is governed by the Indian Contract Act, 1872, whilst specific performance and injunctions are governed by the Specific Relief Act, 1963 (the "Act"). However, the new Amended Act 2 (introduced in October 2018), seemingly deviating from these . SECTION: 21 contracts not specifically enforced: the following contracts cannot be specifically enforced_ a) A contract for the non performance of which compensation in money . Counsel for the petitioner submitted since Sub-section 3 of Section 6 itself provides that no appeal would lie from order or decree passed in a suit instituted un.-section 3 of Section 6 of the Specific Relief Act . The purpose of one is to lay down principles for formation of contractual relations and to provide the remedial meas - ure of recovery of damages in the event of one party's failure to keep his contrac - tual commitments. On 1 st August, 2018 an act to amend the Specific Relief Act, 1963 received the assent of the President and came to be known as the Specific Relief (Amendment) Act, 2018. 202004 131505182206 sanjana mittal law Specific Relief ACT. Local extent It extends to the whole of Bangladesh. 87. A person seeking specific relief must come to the court with clean hands. Savings: 4. 2. Rule 31-1 (b) is the only avenue of relief available to parties seeking leave from the Court to file an out-of-time brief. Specific Relief Act, 1963. SPECIFIC RELIEF ACT 1950 LIST OF SECTIONS AMENDED Section Amending authority In force from Long title Act A238 01-07-1974 1 Act A238 01-07-1974 2 Act A238 01-07-1974 7 Act A238 01-07-1974 Act A811 21-02-1992 8 Act A238 01-07-1974 9 Act A238 01-07-1974 12 Act A238 01-07-1974 [Repealed by the Amending Act, 1891 (Act No. Section 15 of the Specific Relief Act, 1963, provides that except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by—"any party thereto", and under Section 16 the Court has been given discretion and personal bars to relief. 1. Meaning of determinable contract Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows- PART I (PRELIMINARY) 1. Rule 31-1 (b) specifically addresses motions to file out-of-time briefs, and thus, Rule 31-1 (b) controls. This Act was passed in 1963 following the strategy that . Whether can be pressed. These slides are summarized presentation to enable the students to understand t… SlideShare uses cookies to improve functionality and performance, and to provide you with relevant advertising. To resolve this particular issu. Specific relief granted only to enforce civil rights: Part II: Specific Relief: Chapter I: Recovering Possession of Property: 5. In the following situation-specific performance can be provided by the court with his discretion unless otherwise provided in Chapter 2 (section 21 . THE SPECIFIC RELIEF ACT, 1963. (2) It shall come into force on such date as the Central Government may, by notification The law of Specific Relief is an Act providing for an equitable remedy. (a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of . Agreement: It is a well-settled legal position that in the matter of enforcement of the agreement or agreement of reconveyance, time is not always the essence of the contract unless the agreement specifically stipulates and there are special facts and circumstances in support thereof. Course: ENVIRONMENTAL LAW. This Act aims in securing justice in its truest sense. According to this Section, a . Short Title (Abstract) Guided by established principles of Common Law that view damages as the presumptive remedy and specific performance as an alternate, discretionary remedy, the Specific Relief Act 1963 1 ('Act') has sought to protect civil and contractual rights in the event of breach of contract. It is a procedural statute rather than a subjective one. The Specific Relief (Amendment) Act, 2018 (the "Amendment Act") 1 amending the provisions of the Specific Relief Act, 1963 (the "Act") 2 came into force on August 1, 2018.The Amendment Act aims at improving India's global ranking on the enforceability of contracts and the ease of doing business indices.. Article shared by. The SlideShare family just got bigger. Therefore, based on the fact situation, the Court would mould the . Ans. In the following situation-specific performance can be provided by the court with his discretion unless otherwise provided in Chapter 2 (section 21 . DEFINITION CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED. June 8, 2021. Specific performance of contract is subject matter of Specific relief Act 1963. (1) This Act may be called the Specific Relief Act, 1963. Specific Relief Act, 1877 | Presentation 1. 2. a. Section 12(3) of the Specific Relief Act, 1963, applies where the part which remains unperformed, of the contract is (a . The Specific Relief Act, 1963 provides the remedy for the situation where the contract is terminated by any of the parties. It has no application in enforcing penal laws. SPECIFIC RELIEF ACT, 1963 An Act to define and amend the law relating to certain kinds of specific relief. subhanbande@gmail.com 4. Recovery of Possession of Property . India finally has a new provision for granting specific relief under contract with a suitable amendment w.e.f. Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:-. Even though the Specific Relief (Amendment) Act came into force on 01.10.2018, the amending Act is strangely silent as to, whether the new scheme would be prospective or retrospective. 1 A suit for possession under Section 5 can be filed within. Perpetual Injunctions are discussed under Section 37 (2) of the Specific Relief Act, 1963. The 1963 Specific Relief Act took care of a large number of remedial aspects of law. Granting of Specific relief is the discretion of the court. Section 5 of Specific Relief Act provides that a person entitled to the possession of specific immovable property may recover it in the manner provided by Civil Procedure Code, 1908.Section 5 in simple words says any person who is lawfully owner of immovable property can get the possession of such property by due course of law.. An Act to define and amend the law relating to certain kinds of specific relief. The amendments have been suggested pursuant to the recommendations in the Expert Committee's Report on Specific Relief… History of Specific Relief Act, 1963. June 2, 2021. Short title and extent: 2. Suit by person dispossessed of immovable property. Cited in: Owens v. Proposals as Inserted in The Body of The Existing Act: Proposals as Inserted in The Body of The Existing Act: The Specific Relief Act, 19: Part I: Preliminary: 1. 1. . Injunction is mentioned from section 36 to 44. The provision of specific performance of contract is laid down under the Specific Relief Act, 1877. Section 14. a. 2[It extends to the whole of Pakistan.] 3. Under section 12(2) of the Specific Relief Act, 1963, part performance of a contract can be enforced by (a) the promisor (b) the promisee (c) either the promisor or the promisee (d) only promisor and not the promisee. 9. 1st October, 2018 with The Specific Relief (Amendment) Act, 2017. The Special Relief Act, 1963 is related to the Indian Contract Act, 1872 where the latter defines the rights and duties of parties to the contract and the former provides for the remedies available to the parties to the contract. Specific Relief Act deals with the requirement of remedies. Section 6 of Specific Relief Act on the other hand is based . Author: Prasun Sarkar. The specific relief act relief on the English principles of equity in granting or refusing such relief. The provisions of the Act are promising in nature with a taste of reality. 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