Professional Documents
Culture Documents
.Injunctions 1
A. RECOVERING POSSESSION OF IMMOVABLE PROPERTY –
1. A person who is entitled to possession of a specific immovable property may recover it in the
manner provided in Code of Civil Procedure. (Section 5)
2. If any person is disposed without his consent, of immovable property otherwise than by
course of law, he can recover possession, even if any other title is set up in such suit. Such suit
shall be brought within 6 months.
3. No suit can be filed against Government for recovery of possession. [Section 6]. That is why it
is termed as ‘possession is 9 points in law’.
4. Even an unlawful possession of immovable property can be taken away only by lawful means
not forcefully.
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article of commerce or is of specific value or interest to the tariff, or consists of goods which are
not easily available in the market.
In other words, Court may order to deliver specific article only if it is special or unique article,
not available in market. In other cases, Court will order damages but not order specific
performance of contract.
(d) In case of immovable property, normally, specific performance will be ordered, as such
property is usually unique. Section 12(1) states that Court shall not order performance of part
of contract, except in cases specified in that section.
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http://lawjournaledition.blogspot.in/2012/07/specific-relief-act-1963-.html
The base of almost all economic relations are made of contracts. Every profession is contract
bound. Property, whether owned by businesses or individuals are locked up under contracts.
For example, money in banks and other forms of investment are contractually bound. As a
result, contracts constitute modern wealth. They are sacred per se. Moreover a particular
contract is not an isolated transaction. Often it is a link in the chain of several contracts. A
failure at one place could cause serious dislocation to economic and social life. Contracts, thus
must be enforced. But awarding compensation to an injured person is the only way that the law
of contract can enforce a contract. However, in many cases compensation fails to serve the
economic purpose of a contract. For example, a hospital is interested in the fulfillment of its
requirements and not in receiving compensation from a failed supplier. Thus there was a need
for a remedy which would compel a defaulting contractor to actually perform his contract.3
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the performance of a particular duty or act. This is also known as a mandatory injunction. Such
relief is granted under the provisions of Part III of the Act.
J. DECLARATORY RELIEF
This is the final matter which is taken care of by the Specific Relief Act.
Sometimes it may happen, that a person who is entitled to some status or character or has a
right in some property but is being denied the enjoyment of his right by other parties. Under
Chapter VI of the Specific Relief Act, he is allowed to proceed against any person who is denying
or is interested in denying him his right.Ushaben V. Bhagayalakshmi Chitra Mandir AIR [All India
Reporter] Year of Judgment-1978 Gujrat High Court Page No.-13. The plaintiffs sued the
defendants for a permanent injunction to restrain the exhibition of the “Jai Santoshi Maa” by
them. It was contended that the plaintiff’s feelings were hurt by the film as goddesses
Saraswati, Lakshmi and Parvati were shown as being jealous and were ridiculed. It was held that
the plaintiff’s failed to prove that the exhibition of the said film was generally a nuisance. If only
the religious sentiments of the plaintiffs were hurt that did not amount to nuisance. The
plaintiffs were free not to see the movie again. Issue of injunction to restrain the defendants
from exhibiting the film was refused by the court.4
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http://indian kanoon .org
Section 8: Liability of person in possession, not as owner, to deliver to persons entitled to
immediate possessionChapter .
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Bare act specific relief act
It is very important to understand the meaning of Specific Performances over here, ‘Specific
performance’ means Court will ask the party to perform his part of agreement, instead of
asking him to pay damages to other party. The Specific Relief Act is has a number of advantages
and benefits but it has flaws too. The Specific Relief Act is concerned only with the enforcement
of civil rights and not penal laws which is its main incapability that it cannot punish the wrong
doers.
The other main loop hole of Specific relief act is that it does not have power to give injunction
which means that is an equitable remedy in the form of a court order that compels a party to
do or refrain from specific acts. A party that fails to comply with an injunction faces criminal or
civil penalties, including possible monetary sanctions and even imprisonment. They can also be
charged with contempt of court. which makes it incompetent to exercise its existing powers
which can be approved by the way of section 41.
Further when we compare this very act with the Civil Procedure Code 1908 , we are able to
criticize the Specific Relief Act 1963. We can say in other words that CPC in a way fills the
incompetency of this act.
CONCLUSION
Thus through this project report the researcher has come to the conclusion that The Specific
Relief Act, 1963 was came into force on 1st March 1964. The Parliament enacted the Act by
repealing the Specific Relief Act, 1877. The Act is based on the principle of equity and is used for
granting specific relief for enforcing civil rights.
It has no application in enforcing penal laws. 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 9th Report of the Law Commission of India. From the preamble of the Act, it is
clear that the Act was not an exhaustive one. It only deals with certain kinds of specific reliefs
and there are other reliefs about which the Act was silent and are used by the courts. The Act is
a procedural law and provides a network of reliefs. The plaintiff, under the Act gets his relief in
specific. The reliefs contained in the Act include,
Recovery of Possession of Property,
Specific Performance of Contracts,
Rectification of Instruments,
Rescission of Contracts,
Cancellation of Instruments,
Declarative Relief, and
Preventive Reliefs ( Injunctions).
Sections 5 to 7 of the Act contained provisions regarding recovery of possession of property. It
include both immovable property (Section 5) and movable property (Section 7). Any person
having right of possession of the property can recover it by the application of provisions of
Code of Civil Procedure. Section 6 prevents a person from possessing immovable property of
another without his consent otherwise than by due process of law, without considering the
question of title. A suit for recovery of such property under S.6 cannot be filed against the
Government.
Chapter II of the Act deals with the specific performance of contracts. This is an
equitable relief granted by the court to perform the contract when there is a breach of the
same. Court’s jurisdiction to grant specific performance is only discretionary and Section 14 of
the Act enumerated certain circumstances under which the suit for specific performance will be
rejected.
The provisions regarding rectification and cancellation of instruments and the rescission of
contract were incorporated in Chapter III, IV and V respectively. The Act enable the parties to
rectify the documents which are mistakenly executed. The instruments in writing and written
contracts can be rectified on the ground of fraud and mutual mistake. Unilateral mistake is not
a reason to seek rectification. The Act prescribed no time limit for a suit for rectification.
Sections 27 to 30 deals with rescission of voidable and terminable contracts. This is opposite to
the relief of specific performance since it discharged a party from the obligations by avoiding
the contract. The relief is available to any interested person to the contract. The remedy is
available if the contract is voidable or terminable at the instance of the plaintiff. Under section
31 of the Act, a person can sue for the cancellation of the document when he had an
apprehension of serious injury from it.
Declaratory reliefs are available through the decrees of the court. Sections 34 and 35 provided
this relief under which a person can approach the court for declaring his right or status over
some property. The object of this relief is to prevent future litigation. This remedy can be
requested when there were doubts regarding right over property. It can be sought against any
person who denied or tried to deny the right of the plaintiff.6
Another relief provided by the Act is preventive in nature. Preventive reliefs are granted by the
courts by way of issuing injunctions. Injunctions under Part III of the Act (Chapter VII to end)
prevents a person to do or not to do something. Granting of such reliefs are within the
discretion of the court. By virtue of Section36 of the Act, there are temporary or interlocutory
injunctions and perpetual injunctions. Perpetual injunctions can be granted only after hearing
both sides and considering the merits of the case. Under Section 39, court can grant mandatory
injunctions to compel a person to do an act. It is issued to prevent the breach of an obligation.
A plaintiff can claim damages in the suit for both mandatory and perpetual injunctions.
And finally the Specific Relief Act, 1963 was amended twice by the Act No. 52 of 1964 and Act
No. 56 of 1974. The later repealed two of the provisions of the Act viz, Sections 43 and 44. 7
BIBLIOGRAPHY
BOOKS :
● The specific relief act , 1963 Bare Act
● Civil Acts Abhinav Mishra
● The Law Of Contracts And Specific Relief Act R.K Bangia
INTERNET :
https://anarchyindia.wordpress.com/tag/specific-relief-act/
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http://www.vakilno1.com/redlaws/redundant-laws.html
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http://www.vakilno1.com/redlaws/redundant-laws.html
http://lawyerslaw.org/the-specific-relief-act-1963/
http://commonlaw-sandeep.blogspot.in/2012/01/specific-relief-act-1963-quicksummary.html