When the book was first introduced in 1905 by sir frederick pollock and sir dinshaw fardunji mulla, it made reference to and relied on literal interpretation of several english authorities. Relief not granted to enforce penal law part ii specific relief chapter i recovering possession of property. Specific relief act 1963 complete act citation 515. 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 is a 112 years old title on the indian contracts act and the specific relief act. Sandeep kulshrestha assistant professor, amity law school, amity university madhya pradesh 2. The present seventh edition has been thoroughly revised and updated. All notable decisions of the supreme court and various high courts, and the changes made by the various amending acts have been incorporated at appropriate places in the book. The specific relief act, 1963 lexisnexis india bookstore. The specific relief act, 1963 addeddate 20150724 05. Specific remedy legal definition of specific remedy. Digest of cases on specific relief act, 1963 india enter your mobile number or email address below and well send you a link to download the free kindle app. The specific relief act, 1963 act codifies the law in relation to grant of the relief of specific performance 1 including injunctions.
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 laws. Buy the specific relief act 1963 by panel of experts pdf online from faculty notes. The question as to whether the grant of relief for specific performance will cause hardship to the defendant within the meaning of clause b of subsection 2 of section 20 of the specific relief act, 1963, being a question of fact, the first appellate court without framing such an issue ought not to have reversed the finding of the. The law as to specific relief is contained in the specific relief act i of 1877. Download the specific relief act 1963 by panel of experts. To amend the lacey act amendments of 1981 to limit the application of that act with respect to plants and plant products that were imported before the effective date of amendments to that act enacted in 2008, and for other purposes. Specific relief act, 1963, section 34, 37 suit for declaratory and injunction right claimed as no, occupancy tenant on rent basis plaintiff was unable to prove his plea that owner of suit property executed gift deed of 4 biswas and not 4 bighas in favour of education department and his possession over suit property is as no, occupancy.
Buy specific relief act book online at best prices in india on amazon. Before the passing of the specific relief act the law as to specific relief was contained in sections 15 and 192 of the civil procedure. The specific relief act, 1963 was came into force on 1 st march 1964. Specific relief act, 1963 jain book agency search page. Provisions touching these two contingencies are spread over section 10 to section 14 of the specific relief act. An act to define and amend the law relating to certain kind s of specific relief. Specific relief act 1877 law test questions available at geekmcq. Recommendations for amendments to specific relief act. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he. Commentary on the specific relief act, 1963, th edn.
An equitable relief is a discretionary matter which is exercised on the basis of sound and established principles of equity in relation to facts and circumstances of each case. The act is based on the principle of equity and is used for granting specific relief for enforcing civil rights. The laws of malaysia series lom is a compilation and reprint of laws published in volume form pursuant to section 14 a of the revision of laws act 1968 act 1. Section4 specific relief to be granted only for enforcing individual civil rights and not for enforcing. Suit under section 9 of the specific relief act, 1877 introduction the specific relief act, 1877 is based on the rules and practice of english law. Section 42 of the specific relief act 1877, analogous to section 34 of the act 1963, and held, that where the defendant was not in physical possession, and not in a position to deliver possession to the plaintiff, it was not necessary for the plaintiff in a suit for declaration of title to property, to claim the. For easy navigation and reference, the book includes a detailed table of contents, table of cases and a comprehensive subject index.
Textbook on law of contract and specific relief by dr avtar singh deals with the contract act, 1872 and the specific relief act, 1963. Specific relief act 1950 specific relief 3 laws of malaysia act 7 specific relief act 1950 arrangement of sections part i preliminary section 1. Specific relief act 1963 section 38 judgments legalcrystal. It provides for law relating to certain kind of specific relief. Commentary on the specific relief act, 1963, single volume, th edn. The parliament enacted the act by repealing the specific relief act, 1877. Specific relief act, specific lec 01 by anwar hossan by mohammad anwar hossan. The lom series incorporates all principal laws of malaysia enacted after 1969 and pre1969 laws which have. This updated edition covers the latest case law and legislative amendments till date as well as the current developments in the law relating to specific relief in.
The committee has suggested recommendations for modifications in the decades old law to ensure the ease of doing business in the country. There is also some imprecision in the authors discussion of an arbitrators remedy power in situations in which an employer and a union ave jointly negotiated into their contract a specific remedy for a specific offense, as opposed to an employers unilateral inclusion in its own work rules of a. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with. The specific relief act 1963 indian bare acts india bare. Summary of specific relief act linkedin slideshare. Before the passing of the specific relief act the law as to specific relief was contained in sections 15 and 192 of the civil procedure code act viii of 1859.
Summary of papers written by judicial officers on the. The expert committee that was constituted to examine the specific relief act, 1963 has submitted its report to union law and justice minister d. Short title, extent and commencement 1 this act may be called the specific relief act, 1963. Finding of the high court that suit simpliciter for declaration is not maintainable us. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidityplaintiffs. An expert committee submitted its report recommending changes to a 1963 law called the specific relief act. Specific relief act 1963 in hindi indian employees. Protection of life and property cannot be assured by a simple declaration of rights and duties. Under the act, the remedy of specific performance was not available to a party as a matter of right, but its grant was based on the discretion of the court. It came in the replacement of the earlier act of 1877. The specific relief act 1877 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 1877 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws.
The act for the relief of the poor 1601, popularly known as the elizabethan poor law, 43rd elizabeth or the old poor law was passed in 1601 and created a poor law system for england and wales it formalised earlier practices of poor relief distribution in england and wales and is generally considered a. An act to define and amend the law relating to certain kinds of specific relief. 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. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. The purpose of one is to lay down principles for formation of contractual relations and to provide the remedial measure of recovery of damages in the event of one partys failure to keep his contractual commitments. Who are bars to the relief under the specific relief act. The specific relief act 1963 top results of your surfing the specific relief act 1963 start download portable document format pdf and ebooks electronic books free online rating news 20162017 is books that can provide inspiration, insight, knowledge to the reader.
Be it enacted by parliament in the fourteenth year of the republic of india as follows. Download free sample and get upto 75% off on mrprental. Specific relief act, 1963 national portal of india. This popular book, now in its fifth edition, deals with the contract act, 1862 and the specific relief act, 1963. This updated edition covers the latest case law and legislative amendments till date as well as the current developments in the law relating to specific relief in india. Ebook the specific relief act 1963 as pdf download. Topics the specific relief act, 1963 collection opensource language english. Buy textbook on law of contract and specific relief book. The provisions relating to specific performance of contracts are contained in chapter 2 of part ii of 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. The specific relief act 1963 takes care of a large number of remedial aspects of law.
And it shall come into force on the first day of may, 1877. Digest of cases on specific relief act, 1963 india ebook. It has been developed with an objective to enable a single window access to information and services being provided by the various indian government entities. Law on specific performance of contract articles on law. The specific relief act 1877 indian bare acts india bare. Buy the specific relief act, 1963 book online at low prices in india.
The act is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract rather than grant of a general relief or damages or compensation. The specific relief act in india was enacted in 1963 to define and amend the law relating to certain kinds of specific relief and it was based on the recommendations of. This act may be called the specific relief act, 1877. The poor relief act 1601 43 eliz 1 c 2 was an act of the parliament of england. It is the only official and authentic publication of the laws of malaysia. The first part of the book deals with the general principles of contract sections 1 to 75 of indian contract act and in the second part, the provisions of specific. Principles emerging from court decisions have been brought out and laid bare for the reader. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. The work provides the information of all the leading statutory provisions and judicial pronouncements in a condensed manner.
Lectures of specific relief act pahuja law academy. What is the specific relief act and why does the govt want. The book is a standard reference for advocates, judges, law firms, public. The union cabinet today approved amendments to the specific relief act, 1963. Details of the coronavirus relief bill, the cares act. Then you can start reading kindle books on your smartphone, tablet, or computer no kindle device required.
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