In this act unless there be something repugnant in the subject or context. Textbook on law of contract and specific relief by dr. Rules regulations notifications orders circulars statutory ordinance statutes. Legislation from this website is not a copy of the gazette printed by the government printer, percetakan nasional malaysia berhad, for the purposes of section 61 of the interpretation acts 1948 and 1967 act 388 and does not constitute prima facie evidence of the contents of the gazette by virtue of the section. The specific relief act 1963 has replaced the specific relief act of 1877 and is operative from 1st march 1963. The current legal framework the specific relief act 1877 india act, 1877 1 may 1877 part i preliminary 12. The specific relief aci, 1963 has posed several problems and difficul ties. 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. Specific relief act, 1963 specific performance scribd. Sandeep kulshrestha assistant professor, amity law school, amity university madhya pradesh 2. 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. Click download or read online button to get contract and specific relief book now. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief.
Specific relief act, 1963 bare act with pdf download. Explain the specific relief act in details llb law notes. This site is like a library, use search box in the widget to get ebook that you want. Section 37 of the specific relief act, 1963, provides that a perpetual injunction can be granted a during the pendency of a suit b by the decree c both a and b d either a or b.
When there is no standard for ascertaining the actual damages for nonperformance of an obligation given in the contract. Specific relief act, 1963 an act to define and amend the law relating to certain kinds of specific relief. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. The pdf is simple, clean, colourful and has links to save your time and energy. Specific relief finds its roots in equitable principles. Specific relief amendment act 2018 comes into effect. Lectures of specific relief act pahuja law academy. Specific relief amendment act, 2018 an important bill named the specific relief amendment bill, 2018 to amend an existing act, called the specific relief act 1953 that had not been amended since its inception, was passed by lok sabha midmarch 2018 by a voice vote without debate amid over different issues, including the pnb scam. 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. Be it enacted by parliament in the fourteenth year of the republic of india as follows.
Specific relief 7 laws of malaysia act 7 specific relief act 1950 an act relating to specific relief. 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. An indispensable analogy of specific performance under the specific relief act, 1877 of bangladesh. Avtar singh deals with the contract act, 1872 and the specific relief act, 1963. Pdf an indispensable analogy of specific performance under the. Section 20 of the act relates to discretion as to decreeing specific performance. Contract act 1872 revision in just 3 hours by prof. Injunction to perform negative agreement specific relief 7 laws of malaysia act 7 specific relief act 1950 an act relating to specific relief. Section 16 of the act deals with cases of personal bars to relief. However, the said section has been amended and replaced with substituted performance in the amendment.
Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define. The specific relief used to be a discretionary remedy. The specific relief act has undergone major amendments. Specific relief amendment act, 2018 analysis, provisions. 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. The law as to specific relief is contained in the specific relief act i of 1877. Specific relief act, 1963 bare act with pdf download writinglaw. The specific relief act 1962 with amendment of 2018 3 the specific relief act, 1963 act no. Defences respecting suits for relief based on contract.
Here is the pdf for specific relief act that you can download for offline use. Section 50, of the specific relief act bars the power of high court to pass. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Contract and specific relief download ebook pdf, epub.
Specific relief is a judicial remedy or redress for the purpose of enforcing the civil rights of the individuals. A person entitled to the possession of specific immovable property may recover it in the manner provided by the code of civil procedure, 1908 5 of 1908. Specific relief act amendment bill 2018 lawyers safari. It takes me a lot of time and energy to create these pdfs.
Malacca, penang, sabah and sarawak 1 july 1974, act a238 part i preliminary short title 1. The purpose of contract act 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. Now it has been elevated to the position of a general remedy. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Apr 15, 2017 contract act 1872 revision in just 3 hours by prof. Feb 28, 20 specific relief is a form of judicial redress. The specific relief amendment act, 20181 amendment was notified in the official gazette on august 1, 2018 thereby amending the specific relief act, 1963 act, which essentially prescribes remedies for parties either by awarding specific performance of a contract, or. If you are a legal professional, contact us, in order to see how our unique solution can benefit your organization. Short title, extent and commencement 1 this act may be called the specific relief act, 1963.
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. Nonperformance of an obligation of a contract cannot be compensated with money. Specific relief act 1950 specific relief 3 laws of malaysia act 7 specific relief act 1950 arrangement of sections part i preliminary section 1. An act further to amend the specific relief act, 1963. An act to define and amend the law relating to certain kind s of specific relief. An important bill named the specific relief amendment bill, 2018 to amend an existing act, called the specific relief act 1953 that had not been amended since its inception, was passed by lok sabha midmarch 2018 by a voice vote without debate amid over different issues, including the pnb scam. An act to define and amend the law relating to certain kinds of specific relief.
In this act unless there be something repugnant in the. 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. Textbook on law of contract and specific relief by dr avtar singh deals with the contract act, 1872 and the specific relief act, 1963. Kuala lumpur, johore, kedah, kelantan, negeri sembilan, pahang, perak, perlis, selangor and terengganu4 july 1950.
The specific relief act, 1963 act codifies the law in relation to grant of the relief of specific performance 1 including injunctions. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Relief not granted to enforce penal law part ii specific relief chapter i recovering possession of property. Indeed it has given rise to divergence of judicial opinion on some of the provisions. Parliament on 23 july approves the specific relief amendment bill, 2018.
New edition of textbook on law of contract and specific. Specific performance of a contract analysis and case laws. Specific relief act, 1963specific relief act, 1963 the act contains the act contains threethree parts and parts and eighteight chapters. Lawyers, law firms, government departments and corporates rely on us for, workflow automation, data aggregation, timely updates, case management, intelligent research, latest legal data updates and a lot more. Sep 12, 2018 the specific relief act, 1963 act codifies the law in relation to grant of the relief of specific performance 1 including injunctions. Part 1 part 1 preliminarypreliminary contains contains fourfour sections. Specific relief act, 1963 free download as pdf file. Dec 30, 2017 as the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Preamble whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Suit by person dispossessed of immoveable property. The provisions relating to specific performance of contracts are contained in chapter 2 of part ii of specific relief act, 1963. The amendment bill has changed the specific relief act, 1963 significantly. Be it enacted by parliament in the sixtyninth year of the republic of india as follows. As the short title to the act states specific relief act, it is called specific relief, because the suit seeks a particular relief specifically and since the defendant is ordered to do that specific act, it is called.
Section 36 of the specific relief act, 1963, classifies injunction into a two b three c four d five. Kunal mandhania sir for cpt and ca cs foundation duration. 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. Summary of specific relief act linkedin slideshare. Specific relief granted under clause c of section 5 is called preventive relief.
Aug 02, 2018 the provisions relating to specific performance of contracts are contained in chapter 2 of part ii of specific relief act, 1963. Section 10 of the specific relief act, 1963 states that a court may order specific performance of a contract under the following circumstances. This act may be called the specific relief act, 1877. Specific relief act, 1963 pdf download 2019 writinglaw. Analysis amendments to the specific relief act, 1963 24 august 2018 the specific relief amendment act, 2018 introduces a paradigm shift in the prevalent law regarding contractual enforcement in india, shifting the focus from the previous default remedy of award of damages for breach of contract to enforcing specific performance of contracts. Malacca, penang, sabah and sarawak 1 july 1974, act a238 part i preliminary. Be it enacted by parliament in the fourteenth year of the republic of india as follows part i preliminary 1. 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.