Law of contract by avtar singh pdf finance updates. Before the passing of the specific relief act the law as to specific relief was contained in sections 15 and 192 of the civil procedure code act viii of 1859. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he. Sandeep kulshrestha assistant professor, amity law school, amity university madhya pradesh 2. 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 a. Specific relief act 1963 in hindi indian employees. The law as to specific relief is contained in the specific relief act i of 1877. Download llb question answer sample mock test paper previous year in pdf download. As the short title to the act states specific relief act, it is called specific relief, because the suit seeks a particular relief specifically and since the defendant is ordered to do that specific act, it is called specific relief. Types of injuctions under specific relief act, 1963.
Aug 02, 2018 the provisions relating to specific performance of contracts are contained in chapter 2 of part ii of specific relief act, 1963. 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. Be it enacted by parliament in the sixtyninth year of the republic of india as follows. Specific relief act, 1963 bare act, bare act pdf, law notes. Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define and amend the law relating to certain kinds of specific relief be it enacted by parliament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.
The specific relief act 1963 has replaced the specific relief act of 1877 and is operative from 1st march 1963. The amendment seeks to make specific performance a rule, rather than an exception. Pollock and mulla, indian contract and specific relief act,14th edition, new delhi. The bill of the new act was drafted on the basis of the 9 th report of the law commission of india. Specific relief act fully updated, incorporating all amendments made by the specific relief amendment act of august 2018 adv pack sample notes ipc. Recovery of possession of property section 5 of the specific relief act deals with the. Llb book notes study material all semester download pdf 1st. Accordingly, the specific relief amendment bill, 2017 was introduced in parliament which after passage received the assent of the president and is published in official gazette on 182018. The specific relief amendment act, 2018 salient features. Aug 05, 2018 the specific relied amendment act, 2018 was notified on 01082018, to further amend the specific relief act, 1963 act. Section 123 of the specific relief act, 1963, applies where the part which remains unperformed, of the contract is a small. Specific performance of a contract analysis and case laws. S atiyah, atiyahs introduction to the law of contract, 6th.
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. In this act, unless the context otherwise requires. The specific relief act, 1877 contained the principles of equity, justice and good conscience. This act may be called the specific relief act, 1877. The specific relief act, 1963 act codifies the law in relation to grant of the relief of specific performance 1 including injunctions. An act further to amend 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. Feb 03, 2016 it is a law which deals with remedies. Notes on the specific relief act, 1963 specific relief act, 1963. Specific relief act, 1963 bare act with pdf download. Part 1 part 1 preliminarypreliminary contains contains fourfour sections.
Apr 15, 2017 video lecture onwhat is specific relief. The contract act, 1872 view answer workspace report discuss in forum. The act confers wide discretionary powers upon the courts to award damages as a general rule and grant specific performance as an exception. When there is no standard for ascertaining the actual damages for nonperformance of an obligation given in the contract. Lectures of specific relief act pahuja law academy. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Summary of specific relief act linkedin slideshare. Specific relief finds its roots in equitable principles. 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. Breach of contract damage indian contract act specific performance specific relief act 6.
It takes me a lot of time and energy to create these pdfs. Feb 28, 20 specific relief is a form of judicial redress. And it shall come into force on the first day of may, 1877. Judicial services study material delhi law academy. 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. Details of the coronavirus relief bill, the cares act. In civil law, legal remedies are for enforcing primary rights or for enforcing secondary rights. Maxims of equity 40 marksthe specific relief act, 1877 60 markscourse contents maxims of equitythe specific relief act, 1877. The provisions relating to specific performance of contracts are contained in chapter 2 of part ii of specific relief act, 1963. Sep 12, 2018 the specific relief act, 1963 act codifies the law in relation to grant of the relief of specific performance 1 including injunctions. The following kinds of remedies may be granted by a court under the provisions of the specific relief act.
Before the passing of the specific relief act the law as to specific relief was contained in sections 15 and 192 of. When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the. Under section 122 of the specific relief act, 1963, part performance of a contract can be enforced by a the promisor b the promisee c either the promisor or the promisee d only promisor and not the promisee. Specific relief act, 1963 is an act to provide specific relief in deserving cases. 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. 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. An act to define and amend the law relating to certain kinds of specific relief. Specific relief act, 1963specific relief act, 1963 the act contains the act contains threethree parts and parts and eighteight chapters. The specific relief amendment bill, 2017 1 seeks to amend the specific relief act 1963. These special contracts are indemnity, guarantee, bailment, pledge and agency. Section 10 of the specific relief act, 1963 states that a court may order specific performance of a contract under the following circumstances. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Specific relief is a judicial remedy or redress for the purpose of enforcing the civil rights of the individuals. Friday february 28, 2014 aljumaa rabi thani 28, 1435 sukravara phalguna 09, 1935, at 02.
May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. Details of the coronavirus relief bill, the cares act the economic relief bill provides help to individuals, businesses, hospitals, as. 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. This is done by giving the promisee the aggrieved party, a right to have the breached contract performed through a third party or.
Section 123 of the specific relief act, 1963, applies where the part which remains unperformed, of the contract is a. Section 50, of the specific relief act bars the power of high court to pass. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief. 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. Nonperformance of an obligation of a contract cannot be compensated with money. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877.
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. Until now, while specific performance was granted as per the discretion of courts, under the amended act, specific performance. Here is the pdf for specific relief act that you can download for offline use. Specific relief amendment bill, 2018 introduces a new concept of substituted performance by proposing to amend certain provisions of the specific relief act, 1963. The need for a new statute suited for the new requirements lead to the enactment of the act of 1963. The act is based on equity and justice and is complimentary to the other substantive law. Section 10 amended and substituted to empower the enforcement of specific performance of a contract, by courts subject to s. 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. Specific relief act, 1963 pdf download 2019 writinglaw. The pdf is simple, clean, colourful and has links to save your time and energy. 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. Mar 26, 2020 details of the coronavirus relief bill, the cares act the economic relief bill provides help to individuals, businesses, hospitals, as well as state and local governments. An act to define and amend the law relating to certain kinds of specific relief preamble.
The specific relied amendment act, 2018 was notified on 01082018, to further amend the specific relief act, 1963 act. Presentation on specific relief act 1963 by keshav. Presentation on specific relief act 1963 by keshav maheshwari. With effect from 182018 the specific relief amendment act, 2018 amendment act has come into force to amend principal act. Explain the specific relief act in details llb law notes. Understanding substituted performance under the specific. Specific relief amendment act, 2018 analysis, provisions. The following kinds of remedies may be granted by a. Singh, avtar, law of contract and specific relief, 11th edition, lucknow. In our discussion on this part of the book, unless otherwise stated, the sections mentioned are those of the indian contract act, 1872. The act sets out two main remedies to a party whose contract has not been. This is done by giving the promisee the aggrieved party, a right to have the breached contract performed through a third party or by his.