How many sections are in the Specific Relief Act 1963?
|22||Power to grant relief for possession, partition, refund of earnest money, etc.|
|23||Liquidation of damages not a bar to specific performance|
|24||Bar of suit for compensation for breach after dismissal of suit for specific performance.|
What kind of specific relief is available under Specific Relief Act?
The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act: Recovery of possession of property. Specific performance of contracts. Rectification of instruments.
Which section of Specific Relief Act prohibits filing a case against the government?
The person dispossession must be without the consent of the owner. Section 6 sub-clause (2) states that suit can be filled in 6 months of the dispossession and it also states that no suit can be filed against the government in such cases.
What is the purpose of Specific Relief Act?
Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. —Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
Who can claim specific performance?
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. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts.
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.
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;
What is a relief act?
The RELIEF Act of 2021, as enacted by the Maryland General Assembly and signed into law by the Governor, provides direct stimulus payments to qualifying Marylanders, unemployment insurance grants to qualifying Marylanders, and grants and loans to qualifying small businesses.
What do you mean specific relief?
Specific Relief : – Specific Relief may be defined as relief in `specie’. It is a remedy by which an obligation or the specific performance of a contract is fulfilled. “The law of specific relief is in its essence, a part of the law of procedure, for, specific relief is a form of judicial redress.
What is specific performance of agreement?
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.
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 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.
What was section 26 of the Specific Relief Act 1963?
Section 26 in The Specific Relief Act, 1963 26. 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 (1 of 1956) applies] does not express their real intention, then—
What is the schedule of the Specific Relief Act?
THE SCHEDULE Section 1. Short title, extent and commencement. Section 2. Definitions. Section 3. Savings. Section 4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Section 5.
What was the Specific Relief Act of 1877?
The Specific Relief Act, 1877 contained the principles of equity, justice and good conscience. The need for a new statute suited for the new requirements lead to the enactment of the Act of 1963.
How does the Specific Relief Act provide for rescission?
Relief by way of rescission is provided by Chapter IV of the Specific Relief Act. There can be cases where the nature of the contract does not allow damages to likely serve any purpose nor admit to specific performance. In such cases, the court may have to restrain the party who threatens the breach, to the possible extent.