The specific relief act, 1963, 9789386374769, b v r sharma. Textbook on law of contract and specific relief by dr. Feb 03, 2016 specific performance of contract is subject matter of specific relief act 1963. Law of contract by avtar singh pdf finance updates. Full text containing the act, specific relief act, 1963, with all the sections, schedules, short title, enactment date, and footnotes. 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 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. Equity, trust, and specific relief 9788170125167 by gandhi, b.
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. K c alexander all india reporter air year of judgment1968 sc supreme court of india page no. In this article, yash kansal discusses enforceability of specific performance of contract. The specific relief act 1963 has replaced the specific relief act of 1877 and is operative from 1st march 1963. 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. Digest of cases on specific relief act, 1963 india ebook. The law of specific relief in india was originally codified by specific relief act, 1877. May 22, 2018 proposed amendments to the specific relief act, 1963 impact analysis the underlying objective of the parties behind entering into any contract is the performance of their respective parts. The specific relief act, 1963 advocatetanmoy law library. This edition also contains the full text of the specific relief amendment act.
The bill of the new act was drafted on the basis of the 9. Granting of specific relief is the discretion of the court. Specific relief act 1963 buy reference books at best price of rs 450 from chawla publication private limited. Now it has been elevated to the position of a general remedy. An act to define and amend the law relating to certain kinds of specific relief. Perpetual injunctions are known as permanent injunctions. May 25, 2017 specific relief amendment act, 2018 s. Avtar singh deals with the contract act, 1872 and 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. 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. 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. Textbook on law of contract and specific relief by dr avtar singh deals with the contract act, 1872 and the specific relief act, 1963. When cancellation may be ordered 1 any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable.
Short title, extent and commencement 1 this act may be called the specific relief act, 1963. Part preliminary part i preliminary short title, extent and commencement. The provisions of the specific relief act would not apply to the contracts, which are governed by the statutory provisions. Textbook on law of contract and specific relief 7th.
Specific relief act 1963 at rs 450 reference books. 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 party s failure to keep his contractual commitments. The bill of the new act was drafted on the basis of the 9 th report of the law commission of india. Then you can start reading kindle books on your smartphone, tablet, or computer no kindle device required.
The enumeration of rights and duties must be supplemented by legal devices which help the individual to enforce his. Section 21, clause b of the specific relief act, 1877 corresponding to section 14 6 of the new specific relief act, 1963 and the second illustration under this clause given in the section makes it so clear that further elaboration of the point is not required. Recent amendments to the specific relief act, 1963. Protection of life and property cannot be assured by a simple declaration of rights and duties. Feb 15, 2019 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. This legislation had become necessary because the indian contract act,1872 provided only the relief. Section 5 to section 35 deals with the specific relief provisions. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. This edition contains the full text of the specific relief act, 1963 as amended by the specific relief amendment act, 2018 act 18 of 2018. Remedies available under specific relief act, 1963. Books and video lectures which will help students in a personalized learning. New edition of textbook on law of contract and specific. Proposed amendments to the specific relief act, 1963 impact. The specific relief act, 1963 kindle edition by current.
Section 15 of the specific relief act, 1963 provides that. An elaborate subjectindex and table of cases add to. Possession recovery of movable and immovable property ipleaders. Be it enacted by parliament in the fourteenth year of the republic of india as follows. Summary of specific relief act linkedin slideshare. One of the respondents sharers died during the pendency of the appeal. The present volume the specific relief act act 47 of 1963. His legal representatives were not brought on record. All notable decisions of the supreme court and various high courts, and the changes made by the.
Part b containing the multiple choice questions mcqs, is a collage of fresh questions. All notable decisions of the supreme court and various high courts, and the changes made by the various amending acts have been incorporated at. A person seeking specific relief must come to the court with clean hands. Part a the short notes, is an accumulation of important terms and concepts related to the specific relief act. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Short title abstract guided by established principles of common law that view damages as the presumptive remedy and specific performance as an alternate, discretionary remedy, the specific relief act 19631 act has sought to protect civil and contractual rights in the event of breach of contract. It came in the replacement of the earlier act of 1877. Specific relief provides recovery from immovable property or movable property or many defences regarding the suit. 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. Specific performance of contract and its enforceability. 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. Judicial services study material delhi law academy. Buy specific relief act, 1963 book online at low prices in. This book is a digest of leading cases on various sections of the said act.
The specific relief act has undergone major amendments. Injunctions under the specific relief act, 1963 may be divided into different types namely temporary, perpetual and mandatory. Law contract specific relief abebooks shop for books. Specific relief act is the law governing the discretion of the civil courts in the matters of grant of relief. Under section 3, limitation act, 1963 the court is required to consider the question of. The specific relief act 1963 top results of your surfing the specific relief act 1963 start download portable document format pdf and e books electronic books free online rating news 20162017 is books that can provide inspiration, insight, knowledge to the reader. The law relating to equity, in india today, is contained in the specific relief act, 1963 act 47 of 1963 act.
Specific relief is a judicial remedy or redress for the purpose of enforcing the civil rights of the individuals. Section 5 of specific relief act, 1963 provides that a person entitled to the possession of any specific immovable property can recover it in the manner prescribed by the code of civil procedure, 1908 5 of 1908. Rectification of instruments under the specific relief act. Introduction to the specific relief act, 1963 ipleaders. Avtar singh, contract and specific relief 817 eastern book company 20. The need for a new statute suited for the new requirements lead to the enactment of the act of 1963.
As the short title to the act states specific relief act, it is called specific relief, because the suit. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. Injunctions are a specific order under which a party must abstain from performing any act. 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. M and a great selection of similar new, used and collectible books available now at great prices. The specific relief act, 1963 158040, b v r sharma books, thomson reuters books, 9789386374769 at meripustak. The specific relief act 1963 bare act indian law books.
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. In order to provide reliefs in cases relating to contracts, torts and other cases specific relief act, 1877 was enacted. The specific relief act 1963 with amendments 2020 english edition as provided by ministry of law and justice, government of india. Here we have provided the list of reference books for law of contracts text books which is useful for l. Buy specific relief act, 1963 book online at best prices in india on. Commentary on the specific relief act, 1963, th new 2 volumes, per set. The act is based on equity and justice and is complimentary to the other substantive law. In this act, unless the context otherwise requires. If for any reason this performance fails, courts tend to award damages in order to put the affected party back to his original position. Buy the specific relief act, 1963 2019 edition book online at best prices in india on. The specific relief act, 1877 contained the principles of equity, justice and good conscience.
May 23, 2017 a person seeking specific relief must come to the court with clean hands. Aug 22, 2014 the specific relief act, 1877 contained the principles of equity, justice and good conscience. 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. The specific relief act, means an act which provides relief, that relief is of two types. Section 5 and 6 of the specific relief act, 1963 provide methods for recovery of possession of the certain specific immovable property.
This is a book on the specific relief act, 1963 by shantaram datar, vishal book center, vbc007. The specific relief used to be a discretionary remedy. 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 variation so set up, in the following cases, namely. Lectures of specific relief act pahuja law academy. Under the specific relief act, a court can give both specific relief and not both. 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.