Chapter six of the specific relief act 1877 deals with the declaratory decree. Study notes on contract law unit v nature of specific relief recovery of possession of movable and immovable property specific performance when granted and not granted who may obtain and against whom discretionary remedy power of court to grant relief rectification of instruments cancellation declaratory decrees preventive relief temporary. The indian partnership act, 1932 nature of partnership firm, relations of partners to one another and outsiders, incoming and outgoing partners, dissolution. Specific relief act 1877 mcqs for preparation pakmcqs. Download beautiful pdf looks same as this written post link opens in new tab 2 it extends to the whole of india. But if the enforcement of penal law is purely an incidental matter the court will not refuse specific relief. Feb 28, 20 specific relief is a form of judicial redress. The need for a new statute suited for the new requirements lead to the enactment of the act of 1963. Breach of contract damage indian contract act specific performance specific relief act 6. Llb 1st year semester law of contract 1 specific relief act 1963 notes study material. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. Feb 03, 2016 it is a law which deals with remedies. Specific relief act 1877 in bangla easy study is a law learning tutorial for you from which you can learn law very easily.
When a court considers a breach of contract case, the court will almost always. Specific relief act, 1963 recovery of property, specific performance of contracts, injunctions temporary and perpetual, mandatory. However, formatting rules can vary widely between applications and fields of interest or study. Summary of specific relief act linkedin slideshare. Specific relief act is not exhaustive enactment as to contain the entire area. Specific relief act 1877 in bangla easy study youtube. As regards remedies, the course would be based on the. Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define and amend the law relating to certain kinds of specific relief be it enacted by parliament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, 1963specific relief act, 1963 the act contains the act contains threethree parts and parts and eighteight chapters. As regards remedies, the course would be based on the specific relief act, 1872. Be it enacted by parliament in the fourteenth year of the republic of india as follow. 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. 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. And it shall come into force on the first day of may, 1877.
Specific relief finds its roots in equitable principles. Opening of new or higher course of study or training and increase of admission capacity in dental colleges 14th amendment. Download study material for preparation of llb for free. Section 50, of the specific relief act bars the power of high court to pass. Dec 30, 2017 section 9 sra links the act with contract act, 1872 and says that all the defences available in contract act can be availed in a suit under chapter ii of the sra. Section 10 of the specific relief act, 1963 states that a court may order specific performance of a contract under the following circumstances. Law of contracts 2 llb notes, free ebook pdf download for. Llb book notes study material all semester download pdf 1st. Abstract in malaysia, a remedy of specific performance is governed by the specific relief act 1950. The course on trusts would be structured around the trusts act, 1882. 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.
A breach of contract is a common type of civil claim. Specific relief 7 laws of malaysia act 7 specific relief act 1950 an act relating to specific relief. An act to define and amend the law relating to certain kinds of specific relief. Who may obtain decree under the specific relief act. Delhi law academy now offers its famous study material and notes for judicial services. The mission of the act is to provide a remedy for every wrong done. Section 9 sra links the act with contract act, 1872 and says that all the defences available in contract act can be availed in a suit under chapter ii of the sra. Section 42 provides that any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the court may in its discretion make therein declaration that he is so. Part 1 part 1 preliminarypreliminary contains contains fourfour sections. Declaratory decree under specific relief act studybix.
Specific relief act 1877 law test questions available at geekmcq. 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 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 pdf is simple, clean, colourful and has links to save your time and energy. The bill of the new act was drafted on the basis of the 9 th report of the law commission of india. Who are bars to the relief under the specific relief act.
Specific relief act fully updated, incorporating all amendments made by the specific relief amendment act. Jul 09, 2018 specific relief act 1877 in bangla easy study is a law learning tutorial for you from which you can learn law very easily. The term relief is only another word for remedy which a court is allowed by law to grant to suitors. This act may be called the specific relief act, 1877. The specific relief act 1963 has replaced the specific relief act of 1877 and is operative from 1st march 1963. Injunction all topics about injunction, one will surely be there in exams no. The following kinds of remedies may be granted by a. Llb legum baccalaureus which is derived from a latin language.
However, the section is not an exclusive right of a claimant because the court is given a discretionary power to award this remedy. Specific relief is a judicial remedy or redress for the purpose of enforcing the civil rights of the individuals. Define equity and what is law of equity in pakistan. Specific performance of a contract analysis and case laws. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Nonperformance of an obligation of a contract cannot be compensated with money. Specific relief 1877 section 54 perpetual injunctions when granted subject to the other provisions contained in, or referred to by, this chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication. A contract is an agreement upon sufficient consideration to do or not to do a particular act, and the party on whom this contractual. 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. Kuala lumpur, johore, kedah, kelantan, negeri sembilan, pahang, perak, perlis, selangor and terengganu4 july 1950. May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. 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. Lahore university of management sciences law 320 equity. Explain the specific relief act in details llb law notes.
The specific relief act, 1877 contained the principles of equity, justice and good conscience. It takes me a lot of time and energy to create these pdfs. It would also take into account certain important developments in the law of trusts abroad. Aug 07, 2018 specific relief 1877 section 54 perpetual injunctions when granted subject to the other provisions contained in, or referred to by, this chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication. When there is no standard for ascertaining the actual damages for nonperformance of an obligation given in the contract. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Specific relief act, 1963 bare act with pdf download. 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. Llb book notes study material all semester download pdf 1st 2nd 3rd year online llb book notes study material all semester download pdf 1st 2nd 3rd year online. Llb book notes study material all semester download pdf. Apr 30, 2019 llb entrance test llb notes study material 1st 2nd 3rd year all semester. Specific relief act 1963 in hindi indian employees.
Specific relief amendment act, 2018 analysis, provisions. Specific relief act, 1963 bare act bare act, bare act pdf. Specific relief and its provision lawyersclubindia. Law of contracts 2 llb notes, free ebook pdf download. Section 11 of the specific relief act 1950 does provide the cases which specific performance may be granted. Malacca, penang, sabah and sarawak 1 july 1974, act a238 part i preliminary short title 1. Specific relief granted only for the purpose of enforcing individuals civil right and not for the mere purpose of enforcing the penal law. Here is the pdf for specific relief act that you can download for offline use.
The bill seeks to remove conditions of specific performance is limited right, which may be given by court at its discretion and permit specific performance by courts as general rule. Aug 22, 2014 the specific relief act, 1877 contained the principles of equity, justice and good conscience. In this act, unless the context otherwise requires. 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. Judicial services study material delhi law academy. The following kinds of remedies may be granted by a court under the provisions of the specific relief act.
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