Jul 23, 2018. Hope you like it. Specific Relief Act, 1877. w w w . Savings. Section 20 of the Specific Relief Act, 1963 Provides that: 1. Agreement for sale: An agreement for sale of property was executed by defendant No. 1, who was the sole executor appointed by his mother in Will. Agreement was executed in favour of plaintiff, an Advocate and tenant in property in question. 20. COMMENTS 1. 2. Appeal against: In this appeal on behalf of the vendee it is now contended that had the suit for … One of the central themes of this jurisprudence is that each right bears a correlative duty to perform. The ninth amendment is in Section 20 of the Act whereby the concept of substituted performance of contracts has been introduced. Refusal of Injunction :-Section 41 of the Specific Relief Act, 1963, provides various contingencies in sub section (a) to (j) in which the injunction cannot be granted. According to section 36 of the Act preventive relief is of 2 types. 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. 0 Comment. Specific Relief Act, 1963. Preamble. Substitution of new section for section 10. Section 5 of Specific Relief Act provides that a person entitled to the possession of specific immovable property may recover it in the manner provided by Civil Procedure Code, 1908.Section 5 in simple words says any person who is lawfully owner of immovable property can get the possession of such property by due course of law.. The Bill seeks to amend the Specific Relief Act, 1963. New Section 20 (1) of Act can be understood as infra: – Where the contract is broken due to non-performance of promise by any party, the victim of the breach shall have the option of substituted performance through a third party or by the victim’s own agency. 19-12-1977)]. Law relating to Marriage and Divorce amongst christians in India. [Repealed by the Amending Act, 1891 (Act No. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be Last Updated on 2 years by Admin LB INTRODUCTION In order to provide reliefs in cases relating to contracts, torts and other cases Specific Relief Act, 1877 was enacted. ... has been in possession or any person ”. States of Local Emergency. Important Notice: 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. If the contract is within the competence of the guardian and it is for the benefit of the minor it is especially enforceable. (a) relevant under section 6 of the Specific Relief Act, 1963 (b) irrelevant under section 6 of the Specific Relief Act, 1963 (c) question of title is not a provision under the Specific Relief Act, 1963 (d) none of above. (a) restrain a person from using force and to disposes a person without his consent Non performance of an obligation of a contract cannot be compensated with money. 20. 1. On 1 st August, 2018 an act to amend the Specific Relief Act, 1963 received the assent of the President and came to be known as the Specific Relief (Amendment) Act, 2018. This Amendment was the first ever amendment to be made in the Act and it has made changes in quite a few sections of the original act. Local Extent . 2. SPECIFIC RELIEF ACT, 1963 [47 OF 1963] An Act to define and amend the law relating to certain kinds of specific relief. Relief against parties and persons claiming under them by subsequent title. Discretion as to decreeing specific performance. 30. Is not a right and hence requires a lot of discretion Short title, extent and commencement. The law as to specific relief is contained in the Specific Relief Act I of 1877. It received Presidential assent on 1 August 2018. — (1) The jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary but sound and reasonable, 4. The declaration of a public health emergency has provided hos Importantly, relief under section 39 of the Specific Relief Act, 1877 would be granted only in respect of an instrument likely to affect the title of the plaintiff, and not of an instrument executed by a stranger to that title. The Bill introduces a new concept of “substituted performance” by amending existing provisions of the Specific Relief Act, 1963 (“ Act ”). Ans. The Court is not bound to grant specific performance merely because it is lawful to do so. It reads as follows: 65 of 1977, sec. This act may be called the Specific Relief Act, 1877 . INTRODUCTORY. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. However, the text of the amendment reveals that the exceptions enshrined in section 20 have not been incorporated in section 14. For section 10 of the principal Act, the following section shall be substituted, namely:— “10. 3. Amendment of section 6. 19. Co., AIR 1944 Allahabad 66(77) has held that Specific Relief Act was enacted not to consolidate but only to define and amend the law relating to certain kinds of specific reliefs and though the Specific Relief Act may be exhaustive with regard to those matters which are specifically dealt with by that Act but not otherwise. Limitations. (2) Notwithstanding anything contained in sub-section (1), at the hearing of any such application the court may grant such interim relief as it may consider necessary, pending determination by it of the preliminary issue as to the jurisdiction”. The Ministry of Law and Justice constituted an Expert Committee on 28.01.2016 consisting of six members including the Additional Secretary, Ministry of Law and Justice as the Member Secretary of the Expert Committee. Two-Judge Bench in JP Builders v.A. Thus the legal heirs of the original owner are barred by law as per the provisions of the Limitation Act and cannot file a suit today, i.e. 49. Contract act. The Public Health and Welfare, Chapter 68. 20. 189, dated 13th January, 1964, see Gazette of India, Extraordinary, Part II, sec. 1. View General rule_latest from FOL 3612 at Multimedia University, Bukit Beruang. Update: The Specific Relief (Amendment) Act, 2018 . If Section 33 of U. P. Z. Section 34. Admissibility of: The scope of Section 92 proviso (6) of the Evidence Act, 1872, is laid down as under: “If the terms of document are clear and unambiguous extrinsic evidence is inadmissible in a case otherwise proviso (6) could be involved which permits extrinsic evidence. 25 Aug, 2019, 2:30 am. 6. Discretion as to decreeing specific performance. For section 10 of the principal Act, the following section shall be substituted, namely:— “10. The Delhi High Court has held that for the purpose of Section 20A of the Specific Relief Act, 1963, which restrains a Court from granting an injunction in a suit involving an infrastructure project, the existence of a contractual relationship between the plaintiff and the defendant is not mandatory. S.O. Schedule 1. In view of the aforesaid, I am of the view that a suit for cancellation of the sale deed which may be void or voidable in respect of agricultural land was maintainable in the civil Court. (1) No injunction shall be granted by a court in a suit under this Act involving a contract relating to an infrastructure project specified in the Schedule , where granting injunction would cause impediment or delay in the progress or completion of such infrastructure project. Q- define the specific feature of Specific Relief Act1963. Section 38(1) of the Act provides that the parties to a contract must either perform, or offer to perform, their respective promises, unless the performance is dispensed with or excused under the Act, or of any other law. 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. i INTRODUCTION The Specific Relief Act 1963 (“the Act”) sets out the remedies available to parties whose contractual or civil rights have been hampered. Repeal of enactment . Under Section 6 of the Act, as it stood prior to the Amendment Act, a person who was removed from actual possession or a person claiming through him, could file a suit in relation to such dispossession. When there is no standard for verifying the actual damages for non-performance of an obligation given in the contract. (a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents. Amendment to Section 20 Original Act Amendment Bill 20. 8. One of the central themes of this jurisprudence is that each right bears a correlative duty to perform. 3 (w.e.f. i) Section 23 of the Indian Trust Act- An infant can not setup a defence of the invalidity of the receipt given by him. 13. Suit for declaration thus can resolve any claim or counter claim between the parties with regard to any dispute on the basis of the declaration made by the court. Power to award compensation in certain cases. 7. See The Specific Relief (Amendment) Act 2018: A Hurried Legislation, Bar and Bench – Indian Legal news. 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 13th December, 1963 the President assented to the same. 7. 1st October, 2018 with The Specific Relief (Amendment) Act, 2017. Acknowledging the need for greater certainty in contractual enforcement and timebound adjudication of rights of contesting parties, … Section 10 of the Specific Relief Act 1963 asserts Court order for specific performance of a contract under the following circumstances:-. Cancellation of Instruments | Specific Relief Act 1963. The Amendment Act seeks to curtail the ample discretion previously vested with the courts to grant specific performance. The Specific Relief ACL contemplates the possibility in certain circumstances, one of which is that the unperformed part of a contract in fact admits of compensation in money”, that a decree may be made awarding compensation in money for the deficiency while granting specific performance as to the rest. Under Section 6 of the Act, as it stood prior to the Amendment Act, a person who was removed from actual possession or a person claiming through him, could file a suit in relation to such dispossession. 29. Property Hudood Ordinance 1979: 22. Q-Mentioned the various remedies provided in specific relief Act 1963. Specific relief is given-- (a) by taking possession of certain property and delivering it to a claimant; (b) by ordering a party to do the very act which he is under an obligation to do; (c) by preventing a party from doing that which he is under an obligation not to do; Complainant lodged FIR post Dishonour of Cheque and settlement of Section 138 NI Act case, HC comes to rescue, Read Order ... Judgements on Specific Relief Act, 1963. 12. 2. 20. ... has been in possession or any person ”. Chapter I. This act is a replacement of the earlier Act of 1877. The whole unamended Section 20 which provided for discretion to decree specific performance has been substituted by a new section. ii) Section 17, 18 and 20 of the Specific Relief Act, 1877- Plaintiff’s unfair conduct will disentitle him to an equitable … 1881. 3. The Specific Relief (Amendment) Act, 2018 (Amendment Act) was published in the official gazette on 1 August 2018. Of Specific Relief. Reasonable apprehension varies from case to case as per the conditions and circumstances of the query or suit in particular. Power to grant relief for … Relief not granted to enforce penal law.– Specific relief cannot be granted for the mere purpose of enforcing a penal law. Such a dubious approach should not be allowed especially in a suit for specific performance, as the relief of specific performance is discretionary under Section 20 of the Specific Relief Act, 1963. Mr Bansal I am pasting some of my collection as below, which ever suite to your case select, I will provide you the full citation. And it shall come into force on the first day of May, 1877. BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:— PART I - PRELIMINARY Short title, extent and commencement. Briefly, the proposed provision [see End Note 1], like the overall intent of the Bill, seeks to make specific performance a rule, rather than an exception. 2. 5121 et seq., and Related Authorities United States Code, Title 42. Update: The Specific Relief (Amendment) Act, 2018 . 20.Section 8 of Specific Relief Act can be I invoked (a) against a person who has possession or control over the article (b) against a person who is the owner of the article claimed (c) by a person not entitled to the possession of the article (d) in respect of an ordinary article. In section 6 of the Specific Relief Act, 1963 (hereinafter referred to as the principal Act), in sub-section (1), after the words “he or any person”, the words “through whom he has been in possesion or any person” shall be inserted. The Specific Relief Act, 1963. The Delhi High Court held that the relief of injunction from raising invoices would indirectly amount to enforcement of the agreements as well as grant of injunction, which cannot be granted under Section 9 in view of the statutory bar under the Specific Relief Act, 1963. The conditions in Section 20 are only directory and not exhaustive, they serve more like illustration as to when can the relief be granted or refused. Qanun e Shahadat 1984: 23. Of Recovering Possession of Property (a) Possession of Immovable Property. first instance was actually a suit for specific performance. Suit by person dispossessed of immovable property. Section 36. The expression “any person” in this section includes a person seeking derivative title from his seller. The Law of Specific Relief. Section 6 of Specific Relief Act on the other … The Specific Relief (Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on December 22, 2017. Amendments to the 64 of 1997. The Specific Relief Act, 1963 ( Act) codifies the law in relation to grant of the relief of specific performance [1] including injunctions. S. 10 of the Specific Relief (Amendment ) Act, 2018, Section 20 of the Specific Relief Act, 1963 was amended as follows: "10. Income tax act 1922. An Act to define and amend the law relating to certain kinds of Specific Relief.. Preamble. Definitions. West Pakistan Civil Courts Ordinance 1962: 26. It extends to the whole of Pakistan . A- Introduction to the outline of the Act. The Amendment Act has brought about a substantive change in the substratum and ethos … An Act relating to specific relief. Discretion as to decreeing specific performance. 2. Section 20 of the Specific Relief Act confers a discretionary jurisdiction upon the courts. Specific Relief Act 1877: 25. 16. 21. 3. In today’s society it does not seem to be possible, much less desirable, for law to adhere to the categorical declaration that a minor’s agreement is “absolutely void”. See The Specific Relief (Amendment) Act 2018: A Hurried Legislation, Bar and Bench – Indian Legal news. (1) The jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so; but the discretion of the court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a court of appeal. Discretion And Powers Of Court. Official Trustees Act, 1913. In view of the facts and circumstances of the case, it can be said that though the offense under section 420 IPC and offense under Section 138 N.I. This Amendment was the first ever amendment to be made in the Act and it has made changes in quite a few sections of the original act. By Shubhi_3014 | August 2, 2018. This is done by giving the promisee (the aggrieved party), a right to have the … Act are totally distinct and their ingredients are different, still both the offences were committed during the same transaction,accused could have been charged and tried for both the offences during single trial as per Section 220, cr.P.C. 11. (1) This Act may be called the Specific Relief Act, 1963. 10. 14. (e) A, a warehouse-keeper, is charged with the delivery of certain goods to Z, which B takes out of A's possession.A may sue B for the goods. Section 20 of the Specific Relief Act, 1963 preserves judicial discretion to Courts as to decreeing specific performance. 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