Professional Documents
Culture Documents
Legal Remedies
Rectification of Contract
Rectification of a contract or instrument which
does not represent the actual intention of the
parties because of fraud or mutual mistake can be
ordered to be rectified by the court at the instance
of either parties to the agreement.
Rescission of Contract
Rescission is a specific relief to enable the
plaintiff to free himself from any obligation arising
out of a voidable agreement at his option.
Cancellation of an instrument
Cancellation of instrument can be sought by the
plaintiff if the agreement is void or voidable and
he has an apprehension that if it is left
outstanding, it may cause him serious injury.
Declaratory decree
Declaratory decree is a specific relief that
can be obtained by the plaintiff against the
defendant
when the plaintiff is entitled to any right
and
the defendant denies or is interested to
deny the plaintiffs title to such right.
Injunctions
Injunctions may be perpetual or temporary.
Perpetual granted to prevent breach of
an obligation existing in favour of a
plaintiff.
Temporary granted for a specific time or
until further orders of the court to maintain
status quo.
Injunctions:
(Dealt with under the Specific Relief Act, 1963)
Injunctions:
(Provided under the Specific Relief Act, 1963)
Judicial Separation:
Direction by the court to the wife and husband to
live separately before divorce is granted
Divorce:
Dissolution of marriage on various grounds like
cruelty, desertion, adultery, etc.
Repudiation of Marriage:
When the parties to the marriage are below 15
years, they are given a right to repudiate the
marriage after attaining 15 years but before 18
years.
Maintenance:
Given to the wife or husband by the other spouse
during judicial separation and after divorce.
Nullity of Marriage:
On application by a party, marriage, declared null
and void on the ground that it has taken place
between relatives of prohibited degree, impotency,
pregnancy of woman before marriage, etc.
Appointment of an Arbitrator to be
challenged only on the ground of doubt on
independence or impartiality or does not
possess qualifications prescribed by the
parties.
Statement of claim and defence to be
submitted to the arbitrator.
Conciliation
Parties may apply to conciliation of
disputes arising out of legal relationships
including contract.
Any party to an agreement can write to the
other party to conciliate any dispute
Proceedings commence when the other
party accepts the invitation to conciliate.
Any questions?
Thank you.