The specific relief act, 1963 replaces the previous act of 1877. The act is based on the principle of equity and is used for granting specific relief for enforcing civil rights. Even after merger of courts of common law and equity. Types of injuctions under specific relief act, 1963. Govt nod to amend specific relief act, 1963 the economic times.
Download bare act of specific relief act, 1963 in pdf format admin saturday, january 17, 2015 bare acts. Full text containing the act, specific relief act, 1963, with all the sections, schedules, short title, enactment date, and footnotes. I have created it to help law students go to a section quickly. Specific relief act 1963 section 39 judgments legalcrystal. Dec 15, 2017 govt nod to amend specific relief act, 1963 the amendments propose that after two parties enter into an agreement and one of the parties breaks the contract, the affected party will have the freedom to get the contract executed by a third party. Law on specific performance of contract articles on law.
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 of 1859. Section 38 of the specific relief act, 1963 provides that. 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. Notes on the specific relief act, 1963 specific relief act, 1963. As the short title to the act states specific relief act, it is. The specific relief act, 1963 47 of 1963 th december 1963 an act to define and amend the law relating to certain kinds of specific relief.
Rules regulations notifications orders circulars statutory ordinance statutes. It came in the replacement of the earlier act of 1877. Specific relief act is the law governing the discretion of the civil courts in the matters of grant of relief. Suit by person dispossessed of immovable property section 6. Perpetual injunction when granted section 38 specific. Digest of cases on specific relief act, 1963 india ebook. This book is a digest of leading cases on various sections of the said act. 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 indian bare acts india bare. It is true that such a person cannot be forcibly evicted and in case of forcible eviction he can maintain a suit under section 6 of the specific relief act, 1963 for recovery of possession but this is for the reason that section 6 of the specific relief act or a provision similar to that does not take notice of title. Niranjan shankar golikari v century spinning and manufacturing co.
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 account. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Ebook the specific relief act 1963 as pdf download portable. Subject to the other provisions contained in or referred to by this chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. Short title, extent and commencement 1 this act may be called the specific relief act, 1963. Short title, extent and commencement,1 this act may be called the specific relief act, 1963. An act to define and amend the law relating to certain kinds of specific relief. 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. Protection of life and property cannot be assured by a simple declaration of rights and duties. May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. Perpetual and mandatory injunction of specific relief act 1963 duration.
The specific relief act, 1963 maharashtra housing and. Home bare acts download bare act of specific relief act, 1963 in pdf format. The committee has suggested recommendations for modifications in the decades old law to ensure the ease of doing business in the country. Specific relief act, 1963specific relief act, 1963 the act contains the act contains threethree parts and parts and eighteight chapters. Summary of papers written by judicial officers on the subject. Feb 03, 2016 the law as to specific relief is contained in the specific relief act i of 1877. The act is based on equity and justice and is complimentary to the other substantive law. Jun 21, 2016 the expert committee that was constituted to examine the specific relief act, 1963 has submitted its report to union law and justice minister d. So, to read any section just use the initial blue index pages of this pdf. Recovery of possession of property section 5 of the specific relief act deals with the. The pdf is simple, clean, colourful and has links to save your time and energy. Specific relief act, 1963 national portal of india.
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 bare act updated with latest. Exceptional nature of specific performance in the indian law. The specific relief act 1963 for android apk download. Presentation on specific relief act 1963 by keshav maheshwari. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Such handy book is extremely useful for a quick search for a relevant case law on any issue pertaining to the injunctions, discretion or grant of relief etc. 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. Sep 14, 2017 stay order specific relief act lecture 10 section 56,57 last lecture. Download free sample and get upto 75% off on mrprental.
Specific relief act, 1963 bare act with pdf download. 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. Be it enacted by parliament in the fourteenth year of the republic of india as follows. The specific relief act, 1963 was came into force on 1 st march 1964. Jul 17, 2015 types of injuctions under specific relief act, 1963 specific relief act, 1963 is an act to provide specific relief in deserving cases. The parliament enacted the act by repealing the specific relief act, 1877. Buy the specific relief act 1963 by panel of experts pdf online from faculty notes. Defences respecting suits for relief based on contract. Specific relief act 1963 in hindi indian employees. 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. Download bare act of specific relief act, 1963 in pdf.
Committee submitted its recommendations and on july. Air1985cal315,19851chn129,89cwn372 for in the instant suit does not come within the scope and ambit of section 34 of the specific relief act, 1963 and the declaratory relief prayed for in the instant suit not being covered and prohibited by section 34 of the specific relief act, the said suit is not governed by the specific relief act. Be it enacted by parliament in the fourteenth year of the republic of india as follow. 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. How does 2018 amendment to specific relief act impact contract.
Specific relief act 1963 section 34 page 4 judgments. 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. Decree of specific performance is discretionary relief. The specific relief act, 1963 act for short was amended by the specific. Be it enacted by parliament in the sixtyninth year of the republic of india as follows. 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. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. Download the specific relief act 1963 by panel of experts pdf. Understanding specific relief act, 1963 by asha tiwari. Here is the pdf for specific relief act that you can download for offline use. An act further to amend the specific relief act, 1963. Part 1 part 1 preliminarypreliminary contains contains fourfour sections. But doing so by scrolling in this long pdf is hard.
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