Section 2 of the Specific Relief Act, 1963 compacts with definitions: Section 2 (a) talks about obligation s which are the legal bonds enforceable by the law. Section 2 (b) deals with settlement which is the delivery of movable or immovable property to their succeeding interests when it is agreed to be disposed of.
Full Answer
What is Specific Relief Act?
Specific Relief Act explains and enunciates the various reliefs which can be granted under this provisions, provides the law with respect to them. Specific Relief Act, 1963 extends to the whole of India. The Specific Relief Act deals only with certain kinds of equitable reliefs and these are-
What is relief under the Civil Procedure Act?
The Act was enacted to define and amend the law relating to certain specific relief. As per the England meaning the “relief” means the remedy granted by the Court to the person applied for.
What are the famous judgments of the courts under Specific Relief Act?
Some of the famous judgments of the courts in relation to the Specific Relief Act,1963 are listed below. In the case of K. Narendra vs Riviera Apartments (P) Ltd, a conflict arose over land which was given under lease to the petitioner by the President of India.
What is a settlement?
(b) “ settlement ” means an instrument whereby the destination or devolution of successive interests movable or immovable property is disposed of or is agreed to be disposed of;
Introduction to Specific Relief Act
The Specific Relief Act provides for specific reliefs. The expression ‘Specific Relief’ means a relief in specie. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief.
4 DECLARATORY DECREES UNDER Specific Relief Act
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:
What is specific relief act?
Specific Relief Act, 1963. An Act to define and amend the law relating to certain kinds of specific relief. Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:-. Part I of Specific Relief Act – Preliminary.
What is settlement in Indian law?
(b) “settlement” means an instrument [other than a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925)] whereby the destination or devolution of successive interests movable or immovable property is disposed of or is agreed to be disposed of;
When is it necessary to compel the performance of certain acts which the court is capable of enforcing?
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.
Can a person plead by way of defence in a contract?
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 relating to contracts.
Who can sue for void or voidable?
(1) Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
Can specific relief be granted for enforcing individual civil rights?
Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
Who designates the Special Courts?
The State Government, in consultation with the Chief Justice of the High Court, shall designate, by notification published in the Official Gazette, one or more Civil Courts as Special Courts, within the local limits of the area to exercise jurisdiction and to try a suit under this Act in respect of contracts relating to infrastructure projects.
What is the purpose of the Specific Relief Act?
The Specific Relief Act 1963, was brought into force on 13-12-1963. Its main objective is to provide relief to the parties who have suffered civil wrong. Civil injury is a violation of an obligation, specific relief for which can be provided by courts. Specific relief is a remedy that courts can provide. The right to property is also recognized by the constitution. No person shall be denied his property without due process of law.
What is Section 10?
Section 10 includes conditions under which specific performance of a contract may be enforced. Generally, the courts have the final say on how these conditions should be performed. When the contract performance does not meet expectations, then the damages or loss can occur and when the compensation amount is not enough to cover the damages and losses.
How many chapters are there in the ACT?
This Act is divided into three parts containing a total of eight chapters and forty-four sections.
Does the Arbitration Act 1940 apply to a will?
This section states that provisions of this chapter shall also apply to awards to which the Arbitration Act, 1940 does not apply and to directions in a will or codicil to execute a particular settlement.
Can a plaintiff claim relief for damages?
No relief for damages is granted unless the plaintiff has claimed such relief in his plaint: Provided that where no such damages have been claimed in the plaint. However, court may allow the plaintiff to amend the plaint on such terms as may be just for including such claim.The dismissal of a suit to prevent the breach of an obligation existing in favor of the plaintiff shall bar his right to sue for damages for such breach.
What is Section 2 of the Specific Relief Act?
Section 2 of the Specific Relief Act, 1963 deals with some important definitions which are as follows: Section 2 (a) deals with obligations which are duties imposed on a person by the law or the legal body.
What is specific relief?
Specific Relief, due to which we can have a basic understanding that the Specific Relief Act is a legal statute dealing with reliefs or recovery of the damages of the injured person. This Act was enacted in 1963 following the approach that when a person has withdrawn himself from the performance of a particular promise or a contract with respect to another person, the other person so aggrieved is entitled to a relief under Specific Relief Act, 1963. This Act is considered to be in one of the branches of the Indian Contracts Act, 1872.
What is recovery of possession?
The recovery of possession of this Act is provided under two heads: recovery of the immovable property and recovery of the movable property. The law of Specific Relief Act,1963 works on a basic principle that “Possession is itself a prima facie evidence of the ownership”.
What is Section 2 B?
Section 2 (b) deals with the settlement that means delivery of the movable or immovable property to their successive interests when it is agreed to be disposed of . Section 2 (c) deals with the word “trust” which has the same meaning as defined in section 3 of the Indian Trusts Act, 1882.
What is Section 7 of the Code of Civil Procedure?
Section 7 explains that when a person wants to recover the possession of the movable property, they can follow the procedure expressed by the Code of Civil Procedure,1908. section 7 has further two sub-clauses which further details that a trustee may file suit against the beneficial interest he was entitled to and the other sub-clause explains that the ownership of the property can also be expressed with the presence of a special right given to the person suing; which would be enough as an essential to file a suit.
What is preventive relief?
Preventive relief is considered to be any relief which abstains a party from doing any act; a relief from the court which details that the party should not perform certain acts for which the relief shall be prescribed. Such reliefs can be imposed in the form of injunctions.
What is Section 6 subclause 2?
Section 6 sub-clause (2) also explains that no suit by a person can be brought against the government. If the person has not filed any suit in the prescribed time period (section 6) then the only relief open to him is that of section 5 i.e to prove his title of the property in a better way.
What is the law relating to specific relief?
Little Description: The Law relating to the specific relief provided in the Specific Relief Act 1963. The Act was enacted to define and a mend the law relating to certain specific relief. As per the England meaning the “relief” means the remedy granted by the Court to the person applied for. There are two types of remedy available in case ...
What is specific relief?
Specific relief is a remedy which acts as a exact fulfillment of n application and the compensatory relief was the only relief available under the common law before the equity jurisprudence came into picture. Such relief are based on the ground of inadequacy of common law remedy of damage.
What are the two types of remedies available in case of any wrong happened?
The first one is the specific relief while the later is compensatory relief.
What is Sec 15?
Sec 15 lays that specific performance of a contract may be obtained by (i) any party, (ii) The representative in interest or the principal of the party. (iii) Where the contract is settlement of marriage between member of family any person entitled thereon. (iv) In case of tenant for life contract in the due exercise of power the remainder man.
Is specific performance a common law remedy?
1. Remedy of specific performance is only supplementary to the common law remedy of damages and hence equity will not interfere.
Is the Specific Relief Act a consolidating enactment?
Specific relief Act is not exhaustive enactment as to contain the entire area relating to specific relief. It is not a consolidating enactment. There are other kinds of specific remedy provided for by other enactment e.g. the transfer of property Act deals with specific remedies available to a mortgagor or mortgagee, ...
What is Section 4 of the Specific Relief Act?
Section 4 of the Specific Relief Act, 1963 provides that the motive of this Act is not to impose a penalty on the defendant for not carrying out the job he was assigned to do rather the Act intends to promote the enforcement of individual rights for both the plaintiff and the defendant.
When is specific relief provided?
Specific relief is only provided by the court when the aggrieved party can prove to the court that pecuniary compensation will not be adequate compensation for the damages caused to the party and therefore, the need for specific relief comes in.
What is an injection in the court?
By injection, it means that the court can direct the defendant to stop the activity he is carrying out immediately which is amounting to the breach of the contract he has entered into. Section 37 of the Act provides for the two types of the injunction that a court can grant. They are: Temporary injunction.
What is the remedy to the other party when there is a breach of a contract?
Whenever there is a breach of contract by either of the parties, who is a part of the contract, the remedy to the other party is available in two forms: Pecuniary compensation as compensation for the damages resulted from a breach of a contract. Specific performance by the parties responsible for causing the breach of a contract.
Which case was maintained while some were denied?
A similar view was observed in the case of Mohd. H. Shaikh v. Batukbai Valjibhai and others. In several High Courts, such suits were maintainable while some denied. The court concluded with the following views:
Is a grant or refusal of injunction and relief declaration discretionary?
The court as well stated that under Section 34 of the Act, the grant or refusal of injunction and relief declaration is discretionary on the court’s part. The petitioner on its part should have shown interest rather than just expecting for the court’s verdict.
Can a contract be enforced under section 14?
There are some contracts which cannot be enforced especially that have been laid down under Section 14. This Section was an addition in the recent amendment of the Specific Relief Act, 1963 which came to be known as The Specific Relief (Amendment) Act, 2018. The contracts which fall under this category are:
Two Broad Classes of Remedies
Kinds of Remedies Under This Act
- Normally, there are seven kinds of remedies that may be granted under the provisions of the Specific Relief Act by the court: 1. Recovery of possession of property. 2. Specific performance of contracts. 3. Rectification of instruments. 4. Rescission of contracts. 5. Cancellation of instruments. 6. Declaratory decrees. 7. Injunction. Out of the abov...
Recovery of Immovable Property
- Section 5defines that a person entitled to the possession of specific immovable property may recover it if in a manner provided by the Code of Civil Procedure, 1908. A person who seeks to recover immovable property in the instant of his title to the same is required to file a regular suit which involves a long-drawn procedure. The Act provides 2 kinds of actions with regard to the re…
Satya Narayan v. Konduru
- The Supreme Court held that if the property belongs in fact to someone else, the title required by possession is good against the whole world except the true owner. It is a principle of law that a person who has been in a long continuous possession of an immovable property can protect the sale by seeking an injunction at any person in the world other than the true owner. It is also well …
Section 6
- Sued by person dispossessed of immovable property. This section says that if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any pers...
- No suit under this section shall be brought-
- After the expiry of 6 months from the date of dispossession.
- Sued by person dispossessed of immovable property. This section says that if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any pers...
- No suit under this section shall be brought-
- After the expiry of 6 months from the date of dispossession.
- Against the government.
Section 7- Recovery of Specific Movable Property
- Section 7 deals with the circumstances where the plaintiff has to file a regular suit for the recovery of the movable property. The nature and quality of which is immaterial and the plaintiff need not be the absolute owner of it. It lays down that a person entitled to the possession of specific movable property may recover the same in the manner prescribed by the Code of Civil P…
Rristo Kamini v. Administrator General
- In this case it was held that section 7 provides for the recovery of movable property in specific government security or not money. They are specific movable property. Section 8- Liability of Possession Not as Owner to Deliver to Person Entitled to Immediate Possession This Section deals with the circumstances which entitle the plaintiff to recover the specific movable property …
Section 8(a) Fiduciary Capacity
- Where fiduciary relation subsists between the parties whether it be the case of an agent or a trustee or a broker or whether the subject matter be stopped or carriage the court will interfere to pretend a sale either by the party interested with the goods or by a person claiming under him through an alleged abuse of force.
Section 8(B) Compensation Is Not Adequate Relief
- It is lately observed that articles of curiosity or of articles of family interest or those connected with events in family history. Family ideals cannot be represented in money to be given as damages in the court in such cases will have resources for actual delivery. SECTION 8(C): TO ASCERTAIN THE ACTUAL DAMAGE IS EXTREMELY DIFFICULT: Under this clause the articles ar…