Pramod Kumar Singh A to Z of Specific Relief Act, 1963

Size Guide

Please Follow Lawmart Shipping & Delivery Policy - https://www.lawmart.in/shipping_delivery.php

Please Follow Lawmart Return & Cancellation Policy - https://www.lawmart.in/return_cancellation.php

A - Agreement Enforcement

Enforces contracts where monetary compensation is not adequate.

B - Breach of Trust

Provides remedies for breach of fiduciary duties and trust-related issues.

C - Contracts

Core subject of the Act; deals with enforcement and remedies for contract breaches.

D - Declaratory Decrees

Allows the court to declare the rights or status of parties without awarding damages.

E - Equitable Relief

Relief based on fairness and justice, ensuring obligations are performed as promised.

F - Fraud

Provides rectification or cancellation of documents affected by fraud.

G - Guarding Possession

Protects possession of property and provides remedies for unlawful dispossession.

H - Historical Background

Rooted in English equity law; codified in India in 1963.

I - Injunctions

Grants temporary or permanent injunctions to prevent unlawful actions or breaches.

J - Judicial Discretion

While courts have discretion, relief is guided by fairness and the circumstances of each case.

K - Knowledge of Rights

Clarifies and upholds the rights of parties in contractual and proprietary disputes.

L - Legal Remedies

Offers remedies such as specific performance, injunctions, rectification, and declaration.

M - Mandatory Injunctions

Orders compelling a party to take specific actions to restore rights or property.

N - Non-performance of Contracts

Provides specific performance or substituted performance as a remedy for non-performance.

O - Obligation Enforcement

Ensures obligations under contracts are honored and enforced through legal action.

P - Possession Recovery

Allows recovery of possession without requiring proof of ownership or title.

Q - Quiet Enjoyment

Protects the peaceful enjoyment of property rights through legal remedies.

R - Rectification of Instruments

Corrects written contracts or instruments that don’t reflect true intent due to error or fraud.

S - Specific Performance

Compels a party to fulfill their part of a contract, often used when damages are inadequate.

T - Temporary & Perpetual Injunctions

Temporary: Provisional protection during litigation.
Perpetual: Permanent protection granted by final judgment.

U - Unlawful Detention of Property

Provides remedies for the wrongful detention of movable or immovable property.

V - Voidable Contracts

Allows for enforcement or cancellation of contracts deemed voidable under the law.

W - Wrongful Acts

Offers relief against actions that interfere with contractual or proprietary rights.

X - eXecution of Agreements

Ensures fair enforcement and execution of agreements per legal terms.

Y - Year of Enactment

1963, replacing the earlier Specific Relief Act, 1877.

Z - Zeal for Justice

Upholds the sanctity of contracts and rights with effective and timely relief.

Key Highlights of the Act:

1. Specific performance of contracts (Sections 10-30)
2. Preventive relief through injunctions (Sections 36-42)
3. Rectification and cancellation of instruments (Sections 31-33)
4. Declaratory decrees (Section 34)

The 2018 Amendment made key reforms:

• Specific performance made compulsory in many cases.
• Introduction of substituted performance.
• Emphasis on resolving infrastructure and public utility contracts swiftly.