The Specific Relief Act, 1963 is a key legislation in Indian law that provides remedies for the enforcement of individual civil rights. It primarily deals with the granting of specific reliefs in situations where monetary compensation is inadequate or insufficient. The Act lays down provisions for the specific performance of contracts, rectification and cancellation of instruments, rescission of contracts, declaratory decrees, and injunctions.
Key features of the Act include:
Specific performance of contracts: Enforcing performance of an agreed obligation when damages are not an adequate remedy.
Injunctions: Granting temporary, perpetual, or mandatory injunctions to prevent breaches of obligations.
Rectification of instruments: Correcting errors or mistakes in written contracts or documents to reflect true intention.
Rescission and cancellation: Rescinding contracts or cancelling instruments obtained through fraud, misrepresentation, or undue influence.
Declaratory decrees: Declaring rights or legal status without granting further relief.
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Short title, extent, and commencement of the Act.
Definitions of important terms such as obligation, settlement, trust, etc.
Provisions on who may obtain specific relief.
Relief can be granted only for enforcing individual civil rights and not for penal laws.
Specific performance of contracts:
When specific performance can be enforced.
Contracts that cannot be specifically enforced (e.g., contracts dependent on personal qualifications).
Substituted performance (Amendment 2018):
Enables a party to have the contract performed by a third party at the cost of the defaulting party.
Who may obtain specific performance:
Parties to the contract or their legal representatives.
Defenses in suits for specific performance:
Factors like fraud, misrepresentation, or undue influence.
Power of court:
Granting specific performance wholly or partly.
Courts can rectify errors in instruments when they fail to express the real intention of the parties due to fraud or mistake.
Grounds for rescission include fraud, misrepresentation, or failure of performance.
Effects and consequences of rescission.
Power of the court to refuse rescission in certain cases.
Grounds for cancelling written instruments that are void or voidable.
Procedure and effect of cancellation.
Empowering courts to declare the rights of parties without granting further relief.
Preventive relief: Granted through injunctions to prevent breaches of obligation.
Types of injunctions:
Temporary injunctions (regulated by the Code of Civil Procedure, 1908).
Perpetual injunctions (granted by decree at the hearing).
Mandatory injunctions (to compel performance of specific acts).
When injunctions can and cannot be granted.
| Mulla The Specific Relief Act, 1963 |
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