Other What is the purpose of the Specific Relief Act 1877?

What is the purpose of the Specific Relief Act 1877?

What is the purpose of the Specific Relief Act 1877?

The law relates to specific performance of agreements, injunctions (stay) related matters and certain kinds of specific relief obtainable in civil suits. The law of specific relief is a kind of procedural law however and it is a supplement to Code of Civil Procedure.

What do you mean by Specific Relief Act?

Specific Relief is legalese for performing a contract when monetary compensation for failing to complete contractual obligations is not enough. This is called specific performance of a contract. This extends to infrastructure contracts, like construction of housing societies or sale and purchase of land.

What is specific relief and how it is granted?

The law of Specific Relief is an Act providing for an equitable remedy. In another words, here the remedy provided is that suitor is granted the very same thing to which he is entitled, rather than money compensation in lieu thereof.

What are the objectives of specific relief?

To be understood in a simpler way specific relief is related to providing relief for the infringed civil rights of the individual. Its main objective is to focus on the rights and if there is any penal nature of the case, it may have to be established for proving the same.

Who can claim specific performance?

Specific performance means fulfilling a promise made under a contract as agreed. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.

What are the modes of Specific Relief Act?

Recovery of Possession of Property (Sec-8 – 11)

  • Specific Performance of Contract (Sec-12 – 30)
  • Rectification of Instruments (Sec-31 to 34)
  • Rescission of Contract (Sec-35 – 38)
  • Cancellation of Instruments (Sec-39 – 41)
  • Declaratory Decrees (Sec-42 -43)
  • Appointment of receiver (sec 44)
  • Preventive Relief (Sec-52 – 57)
  • What is an example of specific performance?

    Specific Performance: Overview When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser’s situation. Example: Rina offers to buy Beth’s house and Beth accepts, but later decides to keep the property. Beth would be compelled to go through with the sale.

    Who can obtain specific relief?

    According to section 15 of the Specific Relief Act, 1963, specific performance of a contract may be obtained by:

    • any party;
    • the principle or the representative in interest, of any party;

    How do you claim specific performance?

    Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances.

    What are the elements of specific performance?

    The court set out the elements required to state a claim for specific performance: “(1) a contract sufficiently definite and certain in its terms to be enforced [citations]; (2) that the contract was just and reasonable [citations]; (3) that the plaintiff has performed his side of the bargain; (4) that the promisor has …

    Who can enforce specific performance?

    Amendment: Section 10 of the Act – The specific performance of a contract shall be enforced by the court of law subject to the contracts which cannot be specifically enforced as provided in Sections 11(2), 14 and 16 of the Act.

    What is specific performance of agreement?

    What was Section I of the Specific Relief Act 1877?

    (I of 1877) C O N T E N T S Section                                                         Heading Part I Preliminary            1.                Short title – Local Extent – Commencement.            2.                [Repealed]            3.                Interpretation-clause.            4.                Savings.            5.

    When was the law of specific relief passed in Pakistan?

    The law of “specific relief” as administered in Pakistan is primarily contained in the Specific Relief Act, 1877. It was promulgated on the 7 th of February, 1877 in British-India, prior to Partition in 1947.

    What does the law of Specific Relief mean?

    In other words, a wrongdoer can make up for the wrong committed, by either suffering in person or by restoring the deed. Specific relief is about this last form of expiation and has been defined as relief in specie which means relief in exact form instead of compensation.

    Who was the Law Commission of India in 1877?

    It was the strenuous efforts made by the Law Commission of India headed by the eminent jurist, M.C. Setalvad, which led to the drafting of Report on the Specific Relief Act, 1877. It recommended a drastic change in the legislation to be made so as to put to rest the defects in the drafting of the act.