Section 41 of specific relief act 1877 pdf

Specific relief granted under clause c of section 5 is called preventive relief. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidityplaintiffs. The bill of the new act was drafted on the basis of the 9 th report of the law commission of india. Be it enacted by parliament in the fourteenth year of the republic of. While deciding the suit under section 9 of the specific relief act, 1877, the following. The specific relief act also states when and to what extent a document can be cancelled. The specific relief act, 1877 contained the principles of equity, justice and good conscience. For section 10 of the principal act, the following section shall be substituted, namely. The specific relief act, 1877 part ii of specific relief chapter iiof the specific performance of contracts a contracts which may be specifically enforce section 15, specific performance of part. Notwithstanding anything contained in clause e of section 41, where a contract.

Commission contained in its 9th report on the specific relief act. Injunction is a judicial process by which one has invaded or is threatening to invade the rights, legal or equitable, of another, is ordered to refrain from doing, or to do a particular act or thing. Specific relief amendment act, 2018 analysis, provisions. The privy council granted the cancellation of the contract under section 39 of the specific relief act, 1877. Explain the specific relief act in details llb law notes. Specific relief act was codified in the year 1877 which was replaced by the specific relief act of 1963 act no. This civil remedy is invoked when aggrieved party apprehend that his property is transferred without following due course of law. Section 38 of the specific relief act, 1963 provides that. Section 50, of the specific relief act bars the power of high court. The respondent must repay the amount advanced according to section 64 and 38 of the indian contract act 1872. Perpetual injunction when granted section 38 specific.

Aug 22, 2014 the specific relief act, 1877 contained the principles of equity, justice and good conscience. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Air1985cal315,19851chn129,89cwn372 for in the instant suit does not come within the scope and ambit of section 34 of the specific relief act, 1963 and the declaratory relief prayed for in the instant suit not being covered and prohibited by section 34 of the specific relief act, the said suit is not governed by the specific relief act. Injunction when refused section 41 specific relief act. Thursday, june 25, 2015 sra 255 presentation of cancellation of instruments 1 the specific relief act, 1877 and the law of limitation act, 1908 topics to be discussed. Specific relief act 1963 in hindi indian employees. An act to define and amend the law relating to certain kind s of specific relief. Cancellation of instruments section 39, 40, and 41 who can file a suit essentional elements and scopes of cancellation of instruments presented by. The specific relief act, 1877 chancery law chronicles. May 11, 2018 this video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. Air 2006 sc 3275 5 1958 air 79, 1958 scr 514 6 ms best sellers retailip. Pdf an indispensable analogy of specific performance. Pdf an indispensable analogy of specific performance under the. Specific relief act, 1877 indian bare act law statute.

Suit for cancellation of documents is a remedy provided in specific relief act 1877. The object of the act may best be stated in the words of statement of object and reasons which runs as under. Format of suit for cancellation of documents with permanent. Jun 25, 2015 specific relief act, 1877 presentation 1. The current legal framework the specific relief act 1877 india act, 1877 1 may 1877 part i preliminary 12. Section 37 of the specific relief act 1963 defines different kinds of injunctions. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. Suit under section 9 of the specific relief act, 1877 by. An application under section 45, the specific relief act, can be made to. 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. Specific relief act 1877 mcqs for preparation pakmcqs. 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. An injunction, which is a discretionary equitable relief, cannot be granted when an equally efficacious relief is obtainable in any other usual mode or proceeding except in cases of breach of trust.

The specific relief act 1877 is not an exhaustive code. Lectures of specific relief act pahuja law academy. Compensation for loss through nonperformance of act known to be impossible or unlawful. An act further to amend the specific relief act, 1963. Section 41h of specific relief act section 41h provides that an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding. Suit under section 9 of the specific relief act, 1877, author. A trustee may sue under this section for the possession of movable property to the beneficial interest. Specific relief act, 1877 indian bare act law statute kanoon lawyerservices. 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 other forms of specific relief mentioned in appendix aj forms 416 and 49, of the. Specific relief act 1963 section 34 page 4 judgments.

Specific relief act, 1877, section 15 in urdu in hindi. Injunction is a judicial process by which one who has invaded or is is threatening t invade the rights, legal or equitable, of another, is ordered to refrain from doing, or to do a particular act or thing. Specific relief 41 laws of malaysia act 7 specific relief act 1950 list of amendments amending law short title in force from l. Liberal construction of section 21 of the specific relief act, 1877. The code of civil procedure, 1908 of bangla version. Basic principles of law of injunctions articles on law. The need for a new statute suited for the new requirements lead to the enactment of the act of 1963. Be it enacted by parliament in the fourteenth year of the republic of india as follows. Specific relief act, 1877 section 41 42 the lawyers. An act to define and amend the law relating to certain kinds of specific relief.

Be it enacted by parliament in the sixtyninth year of the republic of india as follows. Section 41h of specific relief act section 41h provides. Contract to do an act afterwards becoming impossible or unlawful. Oct 23, 2017 the specific relief act, 1877 part ii of specific relief chapter iiof the specific performance of contracts a contracts which may be specifically enforce section 15, specific performance of part. Law on specific performance of contract articles on law. 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. This consideration also has a bearing upon the question whether. In this act unless there be something repugnant in the subject or context. Friday february 28, 2014 aljumaa rabi thani 28, 1435 sukravara phalguna 09, 1935, at 02. This act came in force in the replacement of earlier act of 1877. Pdf this article attempts will be made to identify specific performance, compensations.

Code of civil procedure and in statutes, such as the transfer of property act. This bill seeks to implement the recommendation of the law commission contained in its ninth report on the specific relief act, 1877, except in regard to section 42 which is being retained as it now stands. The codification of the law has never proved a fetter. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Reciprocal promise to do things legal, and also other things illegal. On adjudging the cancellation of an instrument the court may require the party to. Specific relief act 1963 section 41 page 1 judgments. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits.

Specific relief act, 1877, section 15 in urdu in hindi in. Section 41 of the specific relief act, 1963 provides that. May 03, 2018 suit for cancellation of documents is a remedy provided in specific relief act 1877. Section 8 partitionpossession, recovery of proofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidityplaintiffs. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he. Power to require party for whom instrument is cancelled to make compensation. Bar in other cases of specific performance of part of contract. Specific relief act 1i of 1877 7th february, 1877 an act to define and amend the law relating to certain kinds of specific relief preamble. Between a wrongdoer and the prior possessor prior possession of the plaintiff in an action for ejectment is sufficient title against all but the true owner and the wrongdoer cannot successfully resist the suit by showing that the title and right to possession are in a third person. The respondent is estopped by section 115 of the indian evidence act, 1872 from claiming that he was a minor at the time of executing the mortgage. 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. In section 6 of the specific relief act, 1963 hereinafter referred to as the principal act, in subsection 1, after the words he or any person, the words through whom he has been in possession or any person shall be inserted.

Short title, extent and commencement 1 this act may be called the specific relief act, 1963. The question as to whether the grant of relief for specific performance will cause hardship to the defendant within the meaning of clause b of subsection 2 of section 20 of the specific relief act, 1963, being a question of fact, the first appellate court without framing such an issue ought not to have reversed the finding of the. The relief of specific performance is equally efficacious, rather more efficacious, remedy than the suit for injunction simplicitor. When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the. This act may be called the specific relief act, 1877. With regard to repayment of the sum given as consideration for the mortgage in advance, it was held that restitution is not applicable to contracts void ab initio. May 03, 20 these aspects were not considered by the trial court while granting temporary injunction in favour of the plaintiff. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief.

Full text containing the act, specific relief act, 1963, with all the sections, schedules, short title, enactment date, and footnotes. What are the types of injunctions in the indian law. As per section 7, of the specific relief act, specific relief can not be granted for the. An act to define and amend the law relating to certain kinds of specific relief preamble. Mar 04, 20 the defendant also relied upon section 41 of the specific relief act, 1877 under which that court has discretion for compensation that justice may require in case of cancellation of an instrument. This bill seeks to implement the recommendation of the law. Injunction and extra judicial remedies under tort law. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidity.