Analysis amendments to the specific relief act, 1963. 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. This legal statutes main aim is that no person shall live with the damages and losses and those who have caused such a situation must be in a position to restore all unlawful benefits received by them. Part a the short notes, is an accumulation of important terms and concepts related to the specific relief act.
The subject of specific performance is dealt in part ii, chapter ii of the specific relief act, 1963 which may be classified under the following heads. Specific relief is a form of judicial redress belongs to the law of procedure and is a body of written law arranged according to the natural affinities of the subject matter. Acknowledging the need for greater certainty in contractual enforcement and timebound adjudication of rights of contesting parties, the specific relief amendment act, 2018 amen. It takes me a lot of time and energy to create these pdfs. Avtar singh deals with the contract act, 1872 and the specific relief act, 1963.
Specific relief act, 1963 bare act updated with latest. Lok sabha has passed a draft bill amending specific relief act, 1963 known as specific relief amendment bill, 2017. Specific relief act, 1963 bare act with pdf download. Section 10 of the specific relief act, 1963, states cases in which specific performance of contract enforceable. Specific relief is a judicial remedy or redress for the purpose of enforcing the civil rights of the individuals.
The act is based on equity and justice and is complimentary to the other substantive law. Specific relief finds its roots in equitable principles. This is a book on the specific relief act, 1963 by shantaram datar, vishal book center, vbc007. In this act, unless the context otherwise requires. 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. Rahul ias class notes ias pcs and judicial services do guarantee to instruct to the most ideal and to satisfy every one of our responsibilities made to you at the season of affirmation. They have different reliefs and enforcing rules which focus on providing enough compensation to all. Introduction to the specific relief act, 1963 ipleaders. Full text containing the act, specific relief act, 1963, with all the sections, schedules, short title, enactment date, and footnotes. Types of injuctions under specific relief act, 1963. There are few charges for the notes which we can discuss on email. The enumeration of rights and duties must be supplemented by legal devices which help the individual to enforce his. The manner in code of civil procedure, 1908 is to be taken into account.
The bill of the new act was drafted on the basis of the 9. But doing so by scrolling in this long pdf is hard. Specific relief act was codified in the year 1877 which was replaced by the specific relief act of 1963 act no. Specific relief act full bare act download specific relief act pdf keep reading. Rahul ias notes for judiciary english printed download version 2020 product description. Specific performance of contracts legal service india. The specific relief act 1963 has replaced the specific relief act of 1877 and is operative from 1st march 1963. Protection of life and property cannot be assured by a simple declaration of rights and duties. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Lectures of specific relief act pahuja law academy. Law of contract by avtar singh pdf download full text. The specific relief act, 1877 contained the principles of equity, justice and good conscience. Specific relief act, 1963specific relief act, 1963 the act contains the act contains threethree parts and parts and eighteight chapters. 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 act to define and amend the law relating to certain kinds of specific relief. Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted by national informatics centre nic last updated. 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 any ground which is available to him under any law relating to. The specific relief act, 1963legislative department. The remedy provided under specific relief act, 1963, regarding the getting of the possession of the property instead of any damage. I have tried my best to avail you every important information regarding this act. In spite of the codification the law of injunction continued to expand and it fulfilled the needs of the society in different shapes and forms. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. An act further to amend the specific relief act, 1963.
The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. The specific relief act 1963 sections 27 to 30 of specific relief act4 deals with rescission of contract. The prescribed period of limitation for a suit of specific performance is three years from the date fixed for performance, or, if no such date is fixed, when the plaintiff has noticed that performance has been refused. One of the main features of this bill is that specific performance will be ordered compulsorily by the court instead of its discretionary power. The law relating to equity, in india today, is contained in the specific relief act, 1963 act 47 of 1963 act.
Llb legum baccalaureus which is derived from a latin language. Defences respecting suits for relief based on contract. It came in the replacement of the earlier act of 1877. In civil law, legal remedies are for enforcing primary rights or for enforcing secondary rights. Rahul ias law notes for judiciary english printed download. The present volume the specific relief act act 47 of 1963. Law of contract book by avtar singh pdf is free and available for everyone to download as a pdf. Specific performance of contract is subject matter of specific relief act 1963. 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. 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 defence any ground which is available to him under any law. 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. Presentation on specific relief act 1963 by keshav. Rules regulations notifications orders circulars statutory ordinance statutes.
The provisions relating to specific performance of contracts are contained in chapter 2 of part ii of specific relief act, 1963. These slides are summarized presentation to enable the students. The need for a new statute suited for the new requirements lead to the enactment of the act of 1963. New edition of textbook on law of contract and specific. Explain the specific relief act in details llb law notes.
Specific relief to be granted only for enforcing individual civil rights and not for. Recovery of possession of property under specific relief. Learn about the most important law of contracts concepts such as contract law basics, types of contract laws and law of contract cases. 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. Specific relief act, 1963 specific performance damages free 30. Textbook on law of contract and specific relief by dr.
Specific performance of a contract analysis and case laws. Llb book notes study material all semester download pdf. 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 any ground which is available to him under any law relating to contracts. The specific relief act, 1963 replaces the previous act of 1877. 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. This act may be called the specific relief act, 1877. Specific relief act, 1963 pdf download 2019 writinglaw. Specific relief act, 1963 is an act to provide specific relief in deserving cases. So, to read any section just use the initial blue index pages of this pdf. Specific relief act 1963 in hindi indian employees. The notes on clauses extracted from the report of the law. The specific relief act, 1963 has a set of reliefs given to the parties to suit.
Specific relief act, 1963 specific performance damages. I have created it to help law students go to a section quickly. Part b containing the multiple choice questions mcqs, is a collage of fresh questions. Be it enacted by parliament in the sixtyninth year of the republic of india as follows. 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.
290 1252 19 677 741 802 835 1464 136 1468 538 1018 1170 155 112 399 991 1162 392 985 446 278 191 745 10 545 181 1093 375 539 15 1330 984 917 418 196 1088 1054 617 1182 1271 374