Be it enacted by parliament in the sixtyninth year of the republic of india as follows. Notes on the specific relief act, 1963 specific relief act, 1963. Nov 02, 2010 remedies provided in specific relief act 1963 large number of remedial aspects of law have been taken care of by the specific relief act of 1963. Download the specific relief act 1963 by panel of experts. Specific relief finds its roots in equitable principles. These slides are summarized presentation to enable the students. Download the specific relief act, 1963 notes by pdf online. Specific relief act fully updated, incorporating all amendments made by the specific relief amendment act of august 2018. Be it enacted by parliament in the fourteenth year of the republic of india as follows. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted. Specific relief act, 1963 recovery of property, specific performance of contracts, injunctions temporary and perpetual, mandatory. Except as otherwise provided herein, where any relief is claimed under this chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law. Section 27 deals with a situation where the rescission may be adjudged or refused, section 28 deals with rescission in cases of contracts for the sale or lease of immovable property. Remedies provided in specific relief act 1963 blogger.
Lectures of specific relief act pahuja law academy. Types of injuctions under specific relief act, 1963. Rules regulations notifications orders circulars statutory ordinance statutes. In civil law, legal remedies are for enforcing primary rights or for enforcing secondary rights. Section9 defences respecting suits for relief based on contract. The specific relief act, 1877 contained the principles of equity, justice and good conscience. Low commission of india on the subject the specific relief rict, 1963. Defences respecting suits for relief based on contract. It ensures a remedy to the aggrieved person not only against all persons who actually claim an adverse interest to his own, but also against those who may do so. Section 38 of the specific relief act, 1963 provides that. The bill of the new act was drafted on the basis of the 9 th report of the law commission of india.
It provides for a range of specific reliefs and they are as follows. Perpetual injunction when granted section 38 specific. Specific relief act 1963 complete act citation 515. 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. Download free sample and get upto 75% off on mrprental. 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. It takes me a lot of time and energy to create these pdfs. When there is no standard for ascertaining the actual damages for nonperformance of an obligation given in the contract.
Aug 22, 2014 the specific relief act, 1877 contained the principles of equity, justice and good conscience. The act is based on equity and justice and is complimentary to the other substantive law. Feb 28, 20 specific relief is a form of judicial redress. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Rahul ias law notes for judiciary english printed download. Specific relief act, 1963specific relief act, 1963 the act contains the act contains threethree parts and parts and eighteight chapters. Enables defendant in a suit for specific performance. The bill of the new act was drafted on the basis of the 9. Be it enacted by parliament in the fourteenth year of the republic of india as follows star wherever, means there has been a recent amendment.
Recovery of possession of property section 5 of the specific relief act deals with the. Specific relief act, 1963 and make suggestions for amendments to it. Summary of specific relief act linkedin slideshare. To which the defendant is eligible to raise under the law of contracts. 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. The indian partnership act, 1932 nature of partnership firm, relations of partners to one another and outsiders, incoming and outgoing partners, dissolution. 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 byany party thereto, and under section 16 the court has been given discretion and personal bars to relief. Summary of papers written by judicial officers on the. The specific relief act, 1963 is an act of the parliament of india which provides remedies for persons whose civil or contractual rights have been violated. A mere declaration of rights and duties is not sufficient to give protection to life and property. Specific performance of a contract analysis and case laws.
Part 1 part 1 preliminarypreliminary contains contains fourfour sections. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. It is called specific because under this procedure, the plaintiff gets his relief in specific, rather than a general relief or damages or compensation that is, the very thing which the other party was bound to perform or forbear from performing. Law of contracts 2 llb notes, free ebook pdf download. The act confers wide discretionary powers upon the courts to award damages as a general rule and grant specific performance as an exception. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. The law relating to equity, in india today, is contained in the specific relief act, 1963 act 47 of 1963 act. An act further to amend the specific relief act, 1963. The need for a new statute suited for the new requirements lead to the enactment of the act of 1963. Specific relief act 1963 in hindi indian employees. 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 requisite acts. Protection of life and property cannot be assured by a simple declaration of rights and duties.
The specific relief act, 1963,the limitation act act 26 of 1963,code of civil procedure,indian penal code,indian contract act,law of tort,the registration act,indian evidence act,constitutional law,jurisprudence,transfer of property act,partnership act,arbitration and conciliation act, 1996,family law,sale of goods,legal glossary,negotiable instrument,english art. At the suit of y by providing him preventive relief x can be prohibited to do so because x is not legally liable to do so. Specific relief act, 1963 updated bare act an act to define and amend the law relating to certain kinds of specific relief. Delhi law academy now offers its famous study material and notes for judicial services. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Dlas notes are far better than any study material or textbooks available in the market. Specific performance of contract is subject matter of specific relief act 1963. An act to define and amend the law relating to certain kinds of specific relief.
Short title, extent and commencement 1 this act may be called the specific. Dec 30, 2017 notes on the specific relief act, 1963 specific relief act, 1963. Apr 15, 2017 video lecture on what is specific relief. Nonperformance of an obligation of a contract cannot be compensated with money. According to section 36 of the specific relief act, 1963 preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. 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 act viii of 1859. But, now a days, there are books which have a guidelike patte. Law of contract by avtar singh pdf finance updates. Judicial services study material delhi law academy.
Download the specific relief act 1963 by panel of experts pdf. This act is a replacement of the earlier act of 1877. Specific relief act, 1963 is an act to provide specific relief in deserving cases. The specific relief issued by the court is a discretionary one, provided on the basis of principle of equity. To raise all those defences available under law of contract. Download free sample and get upto 30% off on mrprental. Sections 27 to 30 of specific relief act, 1963 deal with the rescission of a contract. Explain the specific relief act in details llb law notes. The specific relief act, 1963legislative department. The law as to specific relief is contained in the specific relief act i of 1877. Sections 27 to 30 of specific relief act4 deals with rescission of contract. Buy the specific relief act 1963 by panel of experts pdf online from faculty notes.
Full text containing the act, specific relief act, 1963, with all the sections, schedules, short title, enactment date, and footnotes. Specific relief to be granted only for enforcing individual civil rights and not for. The specific relief amendment bill, 2017 introduction the specific relief amendment bill, 2017 1 seeks to amend the specific relief act 1963. Presentation on specific relief act 1963 by keshav. The enumeration of rights and duties must be supplemented by legal devices which help the individual to enforce his. Specific relief act 1963 complete act citation 515 bare. Feb 03, 2016 specific performance of contract is subject matter of specific relief act 1963. Section4 specific relief to be granted only for enforcing individual civil rights and not for enforcing.
In this article you can find everything you want to know about types of injuctions under specific relief act, 1963 like meaning of injunction, temporary and permanent injunctions, permanent injunctions, cases. The specific relief act, 1963 47 of 1963 th december 1963 an act to define and amend the law relating to certain kinds of specific relief. Feb 15, 2019 the specific relief act, 1963 is an act of the parliament of india which takes care of a large number of remedial aspects of law. We in patna dont have any such specific place from we can buy notes for llb.
Analysis amendments to the specific relief act, 1963. Section 10 of the specific relief act, 1963 states that a court may order specific performance of a contract under the following circumstances. This act may be called the specific relief act, 1877. Presentation on specific relief act 1963 by keshav maheshwari. May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. As the short title to the act states specific relief act, it is. It is a very tough task to obtain notes for such a vast course like llb. Specific relief act writinglaw bare act, bare act pdf. Buy the specific relief act, 1963 notes by pdf online from company secretary. Jul 17, 2015 specific relief act, 1963 is an act to provide specific relief in deserving cases. The legislative note is for personal use of the members in the. When instrument may be rectified 1 when, through fraud or a mutual mistake of the parties, a contract or other instrument in writing not being the articles of association of a company to which the companies act, 1956, applies does not express their real intention, then. Short title, extent and commencement 1 this act may be called the specific relief act, 1963.
Civil remedies alone come under the specific relief act. Acknowledging the need for greater certainty in contractual enforcement and timebound adjudication of rights of contesting parties, the specific relief amendment act, 2018 amen. Analysis amendments to the specific relief act, 1963 24 august 2018 the specific relief amendment act, 2018 introduces a paradigm shift in the prevalent law regarding contractual enforcement in india, shifting the focus from the previous default remedy of award of damages for breach of contract to enforcing specific performance of contracts. Rescission of a contract what you need to keep in mind. It came in the replacement of the earlier act of 1877. Section 34 of the specific relief act, 1963 contemplates certain conditions which are to be fulfilled by a plaintiff. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Specific relief is a form of judicial redress belongs to the law of procedure and is a body of written law arranged according to the natural affinities of the subject matter. The specific relief act, 1963 is an act of the parliament of india which takes care of a large number of remedial aspects of law. Section 5 of the specific relief act, 1963 read with article 64 of the.
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