Specific relief

specific relief [aayush mitruka is a lawyer based in new delhi an earlier post on the topic is available here] in the wake of india’s poor ranking in terms of enforcing contracts and ease of doing business, the government decided to amend the 54 year old specific relief act, 1963 (the “act”).

Specific relief is legalese for performing a contract when monetary compensation for failing to complete contractual obligations is not enough the law prescribes that in an event where the actual . The specific relief (amendment) act, 2018 (amendment act) was published in the official gazette on 1 august 2018 india corporate/commercial law khaitan & co 17 aug 2018. The specific relief (amendment) act, 2018 no 18 of 2018 an act further to amend the specific relief act, 1963 be it enacted by parliament in the sixty. Cco did not request site-specific relief from the zhb, or submit plans for a proposed billboard with the validity challenge before the zhb made a decision as to the validity challenge, the township board of supervisors adopted a resolution which declared the challenged sections of the ordinance to be invalid.

1 the specific relief (amendment) bill, 2017 a bill further to amend the specific relief act, 1963 be it enacted by parliament in the sixty-eighth year of the republic of india as. (ii) no bars to equitable relief prevent specific performance a bar to relief arises for example, when the court's continuous supervision of the defendant is not feasible a bar to relief arises for example, when the court's continuous supervision of the defendant is not feasible. What does specific remedy mean in law the law of remedies is concerned with the character and extent of relief to which an individual who has brought a legal . Specific relief act 1950 (revised 1974) laws of malaysia reprint act 137 specific relief act 1950 incorporating all amendments up to 1 january 2006 published by.

Specific relief act, 1963 chapter i introduction specific relief act was enacted in 1877 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. پنجاب کرایہ پر دی گئی جگہوں کا قانون، 2009 april 25, 2017. Specific relief is given– (a) by taking possession of certain property and delivering it to a claimant (b) by ordering a party to do the very act which he is under an obligation to. Read more about amendments to the specific relief act, 1963: getting stalled projects going on business standard besides the substituted performance, the act provides for specific performance where the aggrieved party can seek court direction for execution of contractual obligation by the other party.

The parliament has passed the specific relief (amendment) bill 2018, proposing to bring significant amendments to specific relief act 1963 on july 23, the rajya sabha passed amendment bill, which . The jurisdiction to decree specific performance is discretionary, and the court is not bound to grant such relief merely because it is lawful to do so but the discretion of the court is not arbitrary but sound and reasonable, guided by judicial principles and capable of correction by a court of appeal. A sues for the specific performance of a resolution passed by the directors of a public company, under which he was entitled to have a certain number of shares allotted to him, and for compensation for the non-performance of the resolution all the shares had been allotted before the institution of the suit. The specific relief act, 1963, indian bare acts at vakilno1com, a website for indian laws and bareacts, legal advice and law documents in india. Last month, the parliament passed the specific relief (amendment) bill, 2018, which has served to strengthen the law on specific performance.

Specific relief

Section 39 of the specific relief act, 1963 provides that: 1 amendment: the suit for mandatory injunction is filed and the specific performance was sought for by way of an amendment. The specific relief act, 1963 provision related to first kind of specific relief, which is recovery of property u/s 5 to 8 this is an episode for complete s. The proposed specific relief (amendment) bill, 2018 (“amendment bill”) which was passed by the lok sabha recently seeks to alter some fundamental propositions in the functioning of the sra.

  • 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 the bill of the new act was drafted on the basis of the 9 th report of the law commission of india.
  • Specific relief (amendment) bill, 2018 introduces a new concept of “substituted performance” by proposing to amend certain provisions of the specific relief act, 1963.
  • 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.

The law relating to the specific relief provided in the specific relief act 1963 the act was enacted to define and amend the law relating to certain specific relief as per the england meaning the “relief” means the remedy granted by the court to the person applied for there are two types of . The bill, that amends the specific relief act, 1963, had earlier been passed by the lok sabha and is set to become a law after the president's assent. The specific relief (amendment) bill, 2017 the bill seeks to amend the specific relief act, 1963 the act sets out the remedies available to parties whose contractual or civil rights have been violated. What is specific relief: it is a positive remedy it aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he has been deprived it aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he has been deprived.

specific relief [aayush mitruka is a lawyer based in new delhi an earlier post on the topic is available here] in the wake of india’s poor ranking in terms of enforcing contracts and ease of doing business, the government decided to amend the 54 year old specific relief act, 1963 (the “act”).
Specific relief
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2018.