The specific relief act 1963 chapter i preliminary india. Introduction to the specific relief act, 1963 ipleaders. An act to define and amend the law relating to certain kinds of specific relief. The supreme court has held that section 143c of the specific relief act, 1963 act is not a bar to a suit by a developer for specific performance of a development agreement between himself and the owner of the property. Ebook the specific relief act 1963 as pdf download. Civil remedies alone come under the specific relief act. However, if a in the trial fails to prove that he has absolute title, the court may refuse and dismiss his suit. Topics the specific relief act, 1963 collection opensource language english. The specific relief act 1962 with amendment of 2018 3 the specific relief act, 1963 act no. The specific relief act deals only with certain kinds of equitable reliefs and these are now.
Short title, extent and commencement 1 this act may be called the limitation act, 1963. Be it enacted by parliament in the fourteenth year of the republic of india as follows. It came in the replacement of the earlier act of 1877. The law of specific relief act, 1963 works on a basic principle that possession is itself a prima facie evidence of the ownership. Lectures of specific relief act pahuja law academy. Buy the specific relief act 1963 by panel of experts pdf online from faculty notes. As the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Section 38 of the specific relief act, 1963 provides that. In such a case, what the party wants is the other one to perform a specific thing like delivery of any invaluable thing or perform any particular thing that has no substitute at all then it is the specific relief act, 1963 which enables the party to get it enforced through the court.
The specific relief act 1963 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the specific relief act 1963 national security, others, procedural and administration, property related. Specific relief act, 1963 national portal of india. Suit by persons dispossessed of immovable property. Judicial services study material delhi law academy. Protection of life and property cannot be assured by. Who are bars to the relief under the specific relief act. The specific relief act 1963 indian bare acts india bare. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Short title, extent and commencement 1 this act may be called the specific relief act, 1963. The union cabinet today approved amendments to the specific relief act, 1963. Download free sample and get upto 75% off on mrprental. 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. Presentation on specific relief act 1963 by keshav.
Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession. Friday february 28, 2014 aljumaa rabi thani 28, 1435 sukravara phalguna 09, 1935, at 02. Stay order specific relief act lecture 10 section 56,57 last lecture duration. Section4 specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits.
Recovery of the possession of immovable property section 5 explains the remedies available to a person when he is disposed from his property. Specific performance of contract is subject matter of specific relief act 1963. Short title, extent and commencement,1 this act may be called the specific relief act, 1963. The specific relief act, 1963 maharashtra housing and. It has been developed with an objective to enable a single window access to information and services being provided by the various indian. Download the specific relief act 1963 by panel of experts. The parliament enacted the act by repealing the specific relief act, 1877. Digest of cases on specific relief act, 1963 india ebook. These slides are summarized presentation to enable the students to understand t slideshare uses cookies to improve functionality and performance, and to. Specific relief act 1963 complete act citation 515. Developer can avail remedy of specific performance wrt. The following kinds of remedies may be granted by a. Perpetual injunction when granted section 38 specific.
Specific relief act 1963 in hindi indian employees. A, in the character of agent for b enters into an agreement with c to buy cs house a is in reality acting not as agent for b but on his. The act is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract rather than grant of a general relief or damages or compensation. The present work provides a summary version in a combined. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief. 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. Summary of specific relief act linkedin slideshare. This video introduces you to the specific relief act 1963 topic which talks about recovery of possession of property. It provides for law relating to certain kind of specific relief. The specific relief issued by the court is a discretionary one, provided on the basis of principle of equity.
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. In the above example, suppose a defaults and b wants to file suit for specific. Where a plaintiff seeks specific performance of a contract in writing, to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought, except with the variation so set up, in the following cases, namely. This act may be called the specific relief act, 1963. In india the specific relief act of 1963 was enacted by the.
Specific relief act 1877 law test questions available at geekmcq. The specific relief act 1963 top results of your surfing the specific relief act 1963 start download portable document format pdf and ebooks electronic books free online rating news 20162017 is books that can provide inspiration, insight, knowledge to the reader. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Digest of cases on specific relief act, 1963 india enter your mobile number or email address below and well send you a link to download the free kindle app. Specific relief act 1963 section 26 page 7 judgments. Besides above, many a times, there are arguments that section 34 specific relief act 1963 is not a complete code for declaratory suits and it can be filed under s.
The act is based on the principle of equity and is used for granting specific relief for enforcing civil rights. Union territories stamp and courtfees laws act, 1961. The specific relief act 1963 for android apk download. The specific relief act of 1963, which replaced the earlier act of 1877, provides the remedial measures for forcing parties to perform their actual contractual commitments and not to get rid of them by just paying compensation for their acts. It provides for a range of specific reliefs and they are as follows.