Summary of specific relief act linkedin slideshare. Specific relief finds its roots in equitable principles. Specific relief act, 1963 bare act with pdf download writinglaw. Specific relief act, 1963 introduction the specific relief act, 1963 was enacted to define and amend the law relating to certain kinds of specific relief. This book contains all the important sections and concepts of the specific relief act, 1963. Kukkala reddigari venkatachellamma, air 1954 mad 83. The specific relief act 1963 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the specific relief act 1963 national security, others, procedural and administration, property related, public utilities, shipping laws, tax. Rules regulations notifications orders circulars statutory ordinance statutes.
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. Remedies available under specific relief act, 1963. The plaintiff has paid only rs 30 as court fee as five times of annual land revenue of the suit land. 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 defense any ground which is available to him under any law relating to contracts. The specific relief act act 47 of 1963 follows a two part structure. Income tax amendment for june july 2020 exam ca ipcc inter cs executive cma inter by ca raj k agrawal. The specific performance of a contract shall be enforced by the court subject to the provisions contained in subsection 2 of section 11, section 14 and section 16. As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the specific relief act, 1877 whall be in the discretion of the. Each page of these notes has been prepared by madan sir himself. Specific performance of a contract analysis and case laws. Rahuls printed notes law ias for ias,pcs judicial services. Granting of specific performance is an equitable relief, though the same is now governed by the statutory provisions of the specific relief act, 1963. A, in the character of agent for b enters into an agreement with c to buy cs house a is in reality acting not as agent for b but on his. On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to restore, so far as may be, any benefit which he may have received from the other party and to make any compensation to him which justice.
Download bare act of specific relief act, 1963 in pdf. The study material is carefully curated by studying recent cases in the supreme court e. The specific relief act 1963 for android apk download. Llb book notes study material all semester download pdf. When there is no standard for ascertaining the actual damages for nonperformance of an obligation given in the contract. Be it enacted by parliament in the fourteenth year of the republic of india as follows. Specific relief act, 1963specific relief act, 1963 the act contains the act contains threethree parts and parts and eighteight chapters. Specific relief act 1963 section 26 page 7 judgments.
Section 6 of the specific relief act 1963 and as such section 7v of the court fees act, 1870 is attracted. These equitable principles are nicely incorporated in section 20 of the act. A blog on preparation and material for judicial aspirants especially centered at the prestigious delhi judicial services. Cancellation of instruments specific relief act 1963. Who are bars to the relief under the specific relief act. The provisions relating to specific performance of contracts are contained in chapter 2 of part ii of specific relief act, 1963. Llb 1st year semester law of contract 1 specific relief act 1963 notes study material. According to 34 of specific relief act 1963 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. The act is based on equity and justice and is complimentary to the other substantive law. Nonperformance of an obligation of a contract cannot be compensated with money.
The following kinds of remedies may be granted by a court under the provisions of the specific relief act. Aug 22, 2014 the specific relief act, 1877 contained the principles of equity, justice and good conscience. May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. Specific relief act 1963 in hindi indian employees. Important articles and study material on contract law click on the link to read module 1. Summary of papers written by judicial officers on the. Llb book notes study material all semester download pdf 1st 2nd 3rd year online llb book notes study material all semester download pdf 1st 2nd 3rd year online.
Delhi law academy now offers its famous study material and notes for judicial services. It came in the replacement of the earlier act of 1877. Perpetual injunction when granted section 38 specific. Specific relief act notes for judiciary and law exams. The parliament enacted the act by repealing the specific relief act, 1877. The specific relief act, 1963 extends to the whole of india, except the state of jammu and kashmir. An act further to amend the specific relief act, 1963. Lectures of specific relief act pahuja law academy. But the suit land is touji land and the plaintiff has not. The bill of the new act was drafted on the basis of the 9 th report of the law commission of india.
In this act, unless the context otherwise requires. It contains provisions, inter alia, specific performance of contracts, contracts not specifically enforceable, parties who may obtain and against whom specific performance may be obtained, etc. 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. The specific relief act, 1963 came into force on 12 1963 replacing old specific relief act, 1877. Specific relief act 1963 section 38 page 10 judgments. An act to define and amend the law relating to certain kinds of specific relief. The bill seeks to remove conditions of specific performance is limited right, which may be given by court at its discretion and permit specific performance by courts as general rule. Specific relief act sra section 1 5 sra 1963 sra 2018. Section 10 of the specific relief act, 1963 states that a court may order specific performance of a contract under the following circumstances. Part 1 part 1 preliminarypreliminary contains contains fourfour sections. Section 10 of specific relief act updated cases in which specific performance of contract enforceable. Specific relief act 1877 law test questions available at geekmcq. The specific relief act, 1963 was came into force on 1 st march 1964. Specific relief act, 1963 bare act with pdf download.
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. We have an exclusive range of specific relief act 1963 offering to our clients. The real object of this act is to give party seeking specific relief of protection of some civil right or the prevention of some civil wrong. The provisions of the specific relief act would not apply to the contracts, which are governed by the statutory provisions. His legal representatives were not brought on record.
Be it enacted by parliament in the fourteenth year of the republic of india as follow. Judicial services study material delhi law academy. This product contains video lectures for the specific relief act 1963. Download bare act of specific relief act, 1963 in pdf format admin saturday, january 17, 2015 bare acts. Llb 1st year 1st semester law of contract 1 16th edition topic specific relief act, 1963 chapter 1 introduction and preliminary most important notes.
In this article, yash kansal discusses enforceability of specific performance of contract. Section 15 of the specific relief act, 1963 provides that. Ebook the specific relief act 1963 as pdf download. The need for a new statute suited for the new requirements lead to the enactment of the act of 1963. Llb 1st semester notes study material archives ssc latest news. One of the respondents sharers died during the pendency of the appeal. 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. As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the specific relief act, 1877 whall be in the discretion of the a. Dlas notes are far better than any other study material or textbooks available in the market. Specific performance of contract and its enforceability. Feb 03, 2016 specific performance of contract is subject matter of specific relief act 1963.
The specific relief aci, 1963 has posed several problems and difficul ties. The provision of this enactment was considered by the law commission in its ninth report which was later replaced by the present act of 1963. Who may obtain specific performance according to section 15 of the specific relief act 1963, the specific performance of a contract may be obtained bya any party thereto b the representative in interest or the principal, of any party thereto. Indeed it has given rise to divergence of judicial opinion on some of the provisions. 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. Study material for judiciary services examinations. The law relating to equity, in india today, is contained in the specific relief act, 1963 act 47 of 1963 act. Specific relief act, 1963 by ca jaishree soni study at home. Save as provided by the arbitration act, 1940 10 of 1940, no contract to refer present or future differences to arbitration shall be specifically enforced. Ebook the specific relief act 1963 as pdf download portable. 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 defense.
Remedies available under specific relief act, 1963 legal bites. Protection of life and property cannot be assured by a simple declaration of rights and duties. 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. This series is an attempt to help the students in revising the subject with minimum efforts and in a short span of time. The act is based on the principle of equity and is used for granting specific relief for enforcing civil rights. Short title, extent and commencement 1 this act may be called the specific relief act, 1963. The topics to study can be clubbed as 1 of possession. Dec 30, 2017 specific relief act, 1963 the act is based on equity and justice and is complimentary to the other substantive law. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. 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. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Recovery of possession, suit for specific performance, suit for injunction, suit for declaration and suit for injunction, suit for declaration, recovery of possession and injunction and damages, suit for cancellation, suit for rectification. Short title, extent and commencement,1 this act may be called the specific relief act, 1963.
Section 50, of the specific relief act bars the power of high court to pass. What are the declaratory decrees and how the court can use. Family law hindu law and muslim law the registration act, 1908. Section 38 of the specific relief act, 1963 provides that. Download specific relief act judiciary study material. 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. Sir,i am thankful to you for keeping the study material online,i would like to have stamp act material so that it will be easy for me to go through that,and please do inform if you are conducting any exams for the mains,so that it will be helpful for me for the. The law of specific relief in india was originally codified by specific relief act, 1877. When exams approach it becomes nearly impossible to go through all the study material again. Notes on the specific relief act, 1963 specific relief act, 1963. Apr, 2020 now you can downloadview the content in a systematic way.
Specific relief act 1963 at rs 450 reference books. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. The act is not exhaustive as it does not deal with all the branches of the contract law, like contract relating to negotiable instruments, transfer of property, the sale of goods, partnership, insurance, etc. The specific relief act deals only with certain kinds of equitable reliefs and these are now. View pdf file download the app view free study material documents question answers this is a youtube channel to share knowledge and. These slides are summarized presentation to enable the students. The present specific relief act, 1963 is an amended from of the former specific relief act, 1877 which was repealed by section 44 of the present act, namely specific relief act, 1963. Specific performance of contract is subject matter of specific relief act 1963. The specific relief act 1963 indian bare acts india bare. Part a the short notes, is an accumulation of important terms and concepts related to the specific relief act act 47 of 1963.
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