M L BHARGAVA Digest on Specific Relief Act, 1963 (1991-2024)

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1. Introduction

• Historical background of the Specific Relief Act, 1963.
• Legislative intent and objectives of the Act.
• Overview of amendments and judicial developments (1991–2024).

2. Section-Wise Analysis of the Act

• Detailed commentary and case law analysis for each section of the Specific Relief Act, 1963, divided into the following parts:

Part I: General Principles

1. Preliminary (Sections 1–2)
   • Definitions and key terms.
   • Applicability and scope of the Act.

Part II: Specific Relief

2. Specific Performance of Contracts (Sections 10–25)

   • Contracts capable of specific performance.
   • Contracts not specifically enforceable.
   • Discretionary powers of courts.
   • Performance of a part of a contract.
   • Rectification and cancellation of instruments.
   • Judicial precedents on enforcement and limitations.

3. Injunctions (Sections 36–42)

   • Types of injunctions (temporary, perpetual, and mandatory).
   • Grounds for granting or refusing injunctions.
   • Injunctions relating to contracts, property, and personal rights.
   • Analysis of landmark judgments on injunctions.

4. Declaratory Decrees (Section 34)

   • Scope and nature of declaratory relief.
   • Key judicial interpretations.
   • Declaratory relief in property and contractual disputes.

Part III: Substituted Performance

5. Amendments in 2018
   • Introduction of substituted performance (Section 20A–20C).
   • Legal framework and applicability.
   • Impact on traditional specific performance provisions.
   • Case laws interpreting substituted performance.

Part IV: Miscellaneous

6. Preventive Relief (Sections 36–42)

   • Preventing breach of obligation.
   • Mandatory and prohibitory injunctions.
   • Restraint of actions under injunctions.

7. Rescission of Contracts (Sections 27–30)

   • Grounds for rescission.
   • Legal effect of rescission.
   • Relevant judgments on rescission.

8. Rectification of Instruments (Sections 26–27)

   • Scope of rectification.
   • Judicial precedents and interpretations.

9. Special Provisions

   • Obligations relating to trusts.
   • Interaction with other laws, such as the Indian Contract Act and Transfer of Property Act.