As per section 7, of the specific relief act, specific relief can not be granted for the. With commentaries thereon, and an appendix of forms india. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits it. Short title, extent and commencement 1 this act may be called the specific relief act, 1963. Protection of life and property cannot be assured by a simple declaration of rights and duties. An indispensable analogy of specific performance under the specific relief act, 1877 of bangladesh shah mohammad omer faruqe jubaer abstract this article attempts will be made to identify specific performance, compensations are normally available and specific performance rarely settled, it has met and. Specific performance in case of part performance of contract to lease h against whom contracts cannot be specifically enforced. The specific relief act was passed in 1877, and has since been amended by acts 4 of 1882, 12 of 1891, 9 of 1899, 21 of 1929, 10 of 1940 and 3 of 1951. Presentation on specific relief act 1963 by keshav maheshwari. As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the.
Be it enacted by parliament in the fourteenth year of the republic of india as follow. And it shall come into force on the first day of may, 1877. With commentaries thereon, and an appendix of forms. Download the specific relief act 1963 by panel of experts. Jun 01, 2016 specific relief act 1877, section 9, in urduin hindiin english by farzana perveen siddiqui duration. The sections of this act, both as to substantive law and practice should be interpreted in the light of the.
Here we will elaborately discuss these matters with reallife application, tips and tricks as well as relevant laws and case laws. Specific relief act 1963 in hindi indian employees. It has also been adapted by the adaptation orders, a. An act to define and amend the law relating to certain kinds of specific relief. 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 specific relief act, 1877 chancery law chronicles. Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully. The specific relief act, 1963 was came into force on 1 st march 1964. Interpretationclause words defined in contract act 4.
Suit for possession in a suit where the plaintiffs real object is to obtain a declaration under section 42 of specific relief act. I of 1877 7th february, 1877 an act to define and amend the law relating to certain kinds of specific relief. An indispensable analogy of specific performance under the. Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Thursday, june 25, 2015 sra 255 presentation of cancellation of instruments 10 11. The act is based on the principle of equity and is used for granting specific relief for enforcing civil rights. Mcqs the specific relief act of 1877 pakistan, for adpp. Be it enacted by parliament in the fourteenth year of the republic of india as follows. Buy textbook on law of contract and specific relief book.
Short title, extent and commencement,1 this act may be called the specific relief act, 1963. 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. 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. Section 27 of the specific relief act, 1963 provides that. Recovery of possession of property section 5 of the specific relief act deals with the. The specific relief and the act is 1877 pdf book download. Specific relief act 1877, section 9, in urduin hindiin english by farzana perveen siddiqui duration. Specific relief act, 1877 is a law that provides specific remedies to specific liabilities and to specific situations like a specific performance of a contract, recovery of property or position, declaration of title or office, injunction, eviction etc. Buy the specific relief act 1963 by panel of experts pdf online from faculty notes.
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. Aug 22, 2014 the specific relief act, 1963 was came into force on 1 st march 1964. The law as to specific relief is contained in the specific relief act i of 1877. An indispensable analogy of specific performance under the specific relief act, 1877 of bangladesh shah mohammad omer faruqe jubaer abstract this article attempts will be made to identify specific performance, compensations are normally available and specific performance rarely. On adjudging the cancellation of an instrument, the court may. Contracts which may be specifically enforced law teacher. No specific payment is made directly or indirectly under the plan to a physician or a physician group as an inducement to reduce or limit medically necessary services provided with respect to a specific individual enrolled with the entity. 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. Specific relief act,1877 is a law that provides specific remedies to specific liabilities and to specific situations. An act to define and amend the law relating to certain kind s 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, 1877 2004 edition open library. The specific relief act 1963 for android apk download.
A bill to repeal the act of 1877 was introduced in lok sabha and was passed by the both the houses of parliament and on th december, 1963 the president assented to the same. Specific relief act, 1877 1 of 1877, in any suit for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods. The specific relief act, 1963 maharashtra housing and. Specific relief act, 1877 is a law that provides specific remedies to specific liabilities and to specific situations. Jun 25, 2015 suit for possession in a suit where the plaintiffs real object is to obtain a declaration under section 42 of specific relief act. This act may be called the specific relief act, 1877. The researcher endeavours to understand contracts which may be specifically enforced under specific relief act sec 10. The parliament enacted the act by repealing the specific relief act, 1877. Jun 08, 20 the specific relief act, 1877 is based on the rules and practice of english law. Who are bars to the relief under the specific relief act.
In this act unless there be something repugnant in the subject or context. Where rescission may be adjudged or refused section 27 specific relief act. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Aug 10, 2010 the specific relief act 1 of 1877 by pakistan. Specific relief act, 1877 1 of 1877, in any suit for breach of contract to deliver specific or ascertained goods, the court may, if it thinks fit, on the application of the plaintiff, by its decree direct that the contract shall be performed specifically, without giving the defendant the option of retaining the goods on payment of damages. 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. Relief against parties and persons claiming under them by subsequent title. Specific relief act 1877 1 of 1877 in any suit for breach. Subject to the provisions of the specific relief act, 1877 1 of 1877, sections 52 to 57 both inclusive, an injunction may be granted tot restrain the disturbance of an easement a if the easement is actually disturbedwhen compensation for such disturbance might be recovered under this chapter. The specific relief act 1877 indian bare acts india bare. Relief not granted to enforce penal law part ii of specific reliefchapter i of recovering. Ii1993dmc490 be restored to the position which they occupied before the contract was entered into. 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. 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 textbook on law of contract and specific relief book online at best prices in india on. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he. Presentation on specific relief act 1963 by keshav. It is the only official and authentic publication of the laws of malaysia. The specific relief act 1877 india act, 1877 1 may 1877 part i preliminary 12. The specific relief act, 1963 is the outcome of the acceptance by the central government on the recommendations made by the law commission of india. The specific relief act, 1877 i of 1877 contents part i preliminary 1. It came in the replacement of the earlier act of 1877.
Specific relief act 1877 1 of 1877 in any suit for breach of. The specific relief act 1963 indian bare acts india bare. Download free sample and get upto 75% off on mrprental. 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. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits it is hereby enacted as follows. In this act, unless there be something repugnant in the subject or context. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. The lom series incorporates all principal laws of malaysia enacted after 1969 and pre1969 laws which have. The researcher thereby analyses the various relevant provisions of the specific relief act to understand critically the provision of law with regard to specific relief. Specific relief act, 1877 is based on the rules and. Where rescission may be adjudged or refused section 27. What parties cannot be compelled to perform i the effect of dismissing a suit for specific performance. The specific relief act, 1877 is based on the rules and practice of english law. Specific relief act 1877 law test questions available at geekmcq.