The state government, in consultation with the chief justice of the high court, shall designate, by notification published in the official gazette, one or more civil courts as special courts, within the local limits of the area to exercise jurisdiction and to try keep reading. Lectures of specific relief act pahuja law academy. Specific relief act, 1963 bare act with pdf download writinglaw. Law of contract by avtar singh pdf finance updates. Relief against parties and persons claiming under them by subsequent title. Specific relief act 1963 in hindi indian employees. Suit by persons dispossessed of immovable property. 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. The specific relief act has undergone major amendments. In this act, unless the context otherwise requires.
Except as otherwise provided by this chapter, specific performance of a contract may be enforced against a either party thereto. The notes on clauses extracted from the report of the law commission explain the changes made in the existing act. Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define and amend the law relating to certain kinds of specific relief be it enacted by parliament in the fourteenth year of the republic of india as follows. Specific relief act, 1963 updated bare act an act to define and amend the law relating to certain kinds of specific relief. The specific relief act, 1963 was amended twice by the act no. Home actsofparliamentfromtheyear the specific relief act, 1963.
The specific relief act, 1963legislative department. Jan 25, 2019 the specific relief act, 1963 the specific relief amendment act, 2018. Specific relief act, 1963 an act to define and amend the law relating to certain kinds of specific relief. Except as otherwise provided in this chapter, the specific performance of any contract may, in the discretion of the court, be enforced a when there exists no standard for ascertaining actual damage caused by the nonperformance of the act agreed to be done. The later repealed two of the provisions of the act viz, sections 43 and 44. Textbook on law of contract and specific relief by dr avtar singh deals with the contract act, 1872 and the specific relief act, 1963. Section 15 of the specific relief act, 1963 provides that. The specific relief act 1962 with amendment of 2018 3 the specific relief act, 1963 act no. Buy specific relief act, 1963 diglot english hindi bare act book online at best prices in india on.
Be it enacted by parliament in the sixtyninth year of the republic of india as follows. Be it enacted by parliament in the fourteenth year of the republic of india as follows part i preliminary 1. However, the date on which the provisions of the amendment act will come into effect has not yet been notified. 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. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Download bare act of specific relief act, 1963 in pdf format admin saturday, january 17, 2015 bare acts. The specific relief act, 1963 was came into force on 1st march 1964.
Until now, while specific performance was granted as per the discretion of courts, under the amended act, specific performance will be granted mandatorily, subject to certain exceptions which are elaborated in sections 112, 14, and 16 of the amended act. 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. Specific relief act 1963 section 19 bare act legalcrystal. The act is based on the principle of equity and is used for granting specific relief for enforcing civi. How to learn bare act in an easy way tips how i cracked judicial prelims exam duration.
As the short title to the act states specific relief act, it is called specific relief, because the suit. Be it enacted by parliament in the fourteenth year of the republic of india as follows. Section4 specific relief to be granted only for enforcing individual civil rights and not for enforcing. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession. Section 41 specific relief act updated injunction when refused. Companies appointment and qualification of directors second amendment rules, 2020. Download bare act of specific relief act, 1963 in pdf format. Specific relief act bare act, with systematic section box to help you read any section quickly. Cases in which specific performance of contract enforceable.
Section 15 of the specific relief act, 1963, provides that except as otherwise provided by this chapter, the specific performance of a contract may be obtained byany party thereto, and under section 16 the court has been given discretion and personal bars to relief. Managed by legislative department, ministry of law. The specific relief act, 1963 has posed several problems and difficulties. The following kinds of remedies may be granted by a court under the provisions of the specific. May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. Specific performance of contract is subject matter of specific relief act 1963. Home bare acts download bare act of specific relief act, 1963 in pdf format. The specific relief act, 1963 addeddate 20150724 05. Compensatory relief of various kinds and certain forms of specific relief specifically mentioned in certain enactments were kept out of the purview of 1963 act. The specific relief act 1963 has replaced the specific relief act of 1877 and is operative from 1st march 1963.
The act is based on equity and justice and is complimentary to the other substantive law. 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. Specific relief act 1963 complete act citation 515 bare. Aug 22, 2014 the specific relief act, 1963 was amended twice by the act no. The specific relief act, 1963 maharashtra housing and. Be it enacted by parliament in the fourteenth year of the republic of india as follows star wherever, means there has been a recent amendment. Specific relief is a judicial remedy or redress for the purpose of enforcing the civil rights of the individuals. One of the respondents sharers died during the pendency of the appeal. Summary of specific relief act linkedin slideshare. The following kinds of remedies may be granted by a court under the provisions of the specific relief act.
The specific relief act, 1963 the specific relief amendment act, 2018. 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. Specific relief act 1963 section 19 citation 30811 bare. 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.
An act further to amend the specific relief act, 1963. When instrument may be rectified 1 when, through fraud or a mutual mistake of the parties, a contract or other instrument in writing not being the articles of association of a company to which the companies act, 1956, applies does not express their real intention, then. The central government has, by way of a notification dated august 1, 2018, introduced the specific relief amendment act, 2018 amendment act, which amends the specific relief act, 1963 1963 act. Topics the specific relief act, 1963 collection opensource language english. However, the date on which the provisions of the amendment. Bare act specific relief act, 1963 linkedin slideshare. The specific relief act 1963 indian bare acts india bare. Feb 03, 2016 specific performance of contract is subject matter of specific relief act 1963. Relief against parties and persons claiming under them by. Specific relief act, 1963 bare act updated with latest. The parliament enacted the act by repealing the specific relief act, 1877. May 25, 2017 watch specific relief act, 1963 part 1, law lectures by sanyog vyas exclusively for law students.
Short title, extent and commencement,1 this act may be called the specific relief act, 1963. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Now it has been elevated to the position of a general remedy. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Short title, extent and commencement 1 this act may be called the specific relief act, 1963. Specific relief act, 1963 bare act with pdf download. An act to define and amend the law relating to certain kinds of specific relief.
This is a book on the specific relief act, 1963 by shantaram datar, vishal book center, vbc007. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Preamble an act to define and amend the law relating to certain kinds of specific relief. At the suit of y by providing him preventive relief x can be prohibited to do so because x is not legally liable to do so. Download bare act of specific relief act, 1963 in pdf. His legal representatives were not brought on record. 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. According to section 36 of the specific relief act, 1963 preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. The specific relief used to be a discretionary remedy. 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. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. An injunction cannot be granted a to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings.
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