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- 1. Specific relief act, (47of 1963) By: Reshma Azath by:Reshma Azath
- 2. INTRODUCTION “ ubi jusibi remedium “ Specific Relief Act was enacted in 1877. The Act was originally drafted upon the lines of the Draft, New York Civil Code, 1862, and its main provisions embodied the doctrines evolved by the English Equity Courts.The Specific Relief Act, 1963 is the outcome of the acceptance by the Central Government on the recommendations made by the Law Commission of India. A bill to repeal the Act of 1877 was introduced in Lok Sabha and was passed by the both the houses of Parliament and on 13th December, 1963 the President assented to the same. by:Reshma Azath
- 3. MEANING OF SPECIFICRELIEF ACT The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a narned, fixed or determined relief. The term is generally understood and providing relief of a specific kind rather than a general relief or damages or compensation. In case of the Specific Relief, the plaintiff claims the very thing to which he is entitled. In case of Compensatory Relief, he obtains the compensation for loss. Specific Relief is only granted for enforcing civil rights and not penal rights (Sec-4).Specific Relief is an equitable relief. A person seeking specific relief must come to the court with clean hands. Granting of Specific relief is the discretion of the court by:Reshma Azath
- 4. Laws fall intothree categories Those which define Rights. Those which define Remedies. Those which define Procedure. The Law of Specific Relief belongs to the second category. It is a law which deals with'Remedies'.The term 'relief is only another word for remedy which a Court is allowed by law to grant to suitors. Before the passing of the Specific Relief Act the law as to Specific Relief was contained in Sections 15 and 192 of the Civil Procedure Code of 1859.The Act aims to define and amend the law relating to Specific Relief obtainable in Civil Court. by:Reshma Azath
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- 7. Specific relief Act,1963 Parts– 3 Chapters – 8 Sections – 44 President assent → 13th Dec ,1963 1st Aug,2018 Enforcement → 1st Mar ,1964 1st Oct,2018 by:Reshma Azath
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- 9. Remedies: 1. Recoveryof Possession of Property (Sec-5-8) 2. Specific Performance of Contract (Sec-9-25) 3. Rectification of Instruments (Sec-26) 4. Rescission of Contract (Sec-27-30) 5. Cancellation of Instruments (Sec-31-33) 6. Declaratory Decrees (Sec-34-35) 7. Preventive Relief (Sec-36-42) by:Reshma Azath
- 10. Important Sections: Section-1 Short title, extent and commencement. Section 2 - Defnitions. Section 5 - Recovery of speciÞc immovable property. Section 6 - Suit by person dispossessed of immovable property. Section 7 - Recovery of speciÞc movable property. Section 9 - Defences respecting suits for relief based on contract. Section 10 - Cases in which speciÞc performance of contract enforceable. Section 12 - SpeciÞc performance of part of contract. Section 14 - Contracts not speciÞcally enforceable. Section 14A - Power of court to engage experts. by:Reshma Azath
- 11. Section 15- Who may obtain speciÞc performance. Section 16 - Personal bars to relief. Section 20 - Substituted performance of contract. Section 20C - Expeditious disposal of suits. Section 21 - Power to award compensation in certain cases. Section 23 - Liquidation of damages not a bar to speciÞc performance. Section 26 - When instrument may be rectiÞed. Section 27 - Where rescission may be adjudged or refused. by:Reshma Azath
- 12. Section 31- When cancellation may be ordered. Section 34 - Discretion of court as to declaration of status or right. Section 35 - Effect of declaration Section 37 - Temporary and perpetual injunctions. Section 38 - Perpetual injunction when granted. Section 39 - Mandatory injunctions. Section 40 - Damages in lieu of, or in addition to, injunction. Section 41 - Injunction when refused by:Reshma Azath
- 13. Amendment Act,2018 •6,11,15,16,19,21,25,41 •Subheading ofchapter -2 Amendment •10,14,14(A),20,20 A(c) Substitution •Part III Schedule Insert by:Reshma Azath
- 14. Case law: 2018amendment to the specific relief act is prospective and cannot apply to those transcation that took place prior to its coming into force . Parties: Katta sujatha reddy vs siddamsetty infra projects pvt.ltd Citation : CA 5822-5824 of 2022 Coram: CJI NV RAMANA,JUSTICE KRISHNA MURAI AND JUSTICE HIMA KHOLI by:Reshma Azath
- 15. Section 1 SRA,1963 whole India includes J&K 1st March,1964 by:Reshma Azath
- 16. Section 2 Obligation Settlement Trust Trustee All other words and Expression . by:Reshma Azath
- 17. Section 3 ofIndian Trust Act An obligation annexed to the ownership of property, & arising out of a confidence reposed in & accepted by the owner for the benefit of another or for another and owner Might be for – Personal or Family (Private Trust) General Public (Public Trust) welfare purpose by:Reshma Azath
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- 19. Essentials: “Author” –The person who reposes or declares the confidence “trustee” – The person who accepts the confidence “beneficiary” – the person for whose benefit the confidence is accepted “trust property” or “trust money” – the subject-matter of the trust “beneficial interest” or “interest” – the beneficiary’s against the trustee as owner of the trust property “instrument of trust” – the instrument, if any, by wh trust is declared “breach of trust” – A breach of any duty imposed o trustee, as such, by any law for the time being in force. by:Reshma Azath
- 20. Section 3 Anyrights in contract Act Indian Registration Act, 1908 by:Reshma Azath
- 21. Section -4 Onlyfor Civil rights not for penal laws by:Reshma Azath
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