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Bar News Acts League

Specific Relief Act, 1963

Act ID: 1963

Specific Relief Act, 1963

"An Act to define and amend the law relating to certain kinds of specific relief."

Table of Contents

46 Sections

Ch. Part I

Preliminary

S.1Short title, extent and commencement S.2Definitions S.3Savings S.4Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws

Ch. I

Recovering Possession of Property

S.5Recovery of specific immovable property S.6Suit by person dispossessed of immovable property S.7Recovery of specific movable property S.8Liability of person in possession, not as owner, to deliver to person entitled to immediate possession

Ch. II

Specific Performance of Contracts

S.9Defences respecting suits for relief based on contract S.10Specific performance in respect of contracts S.11Cases in which specific performance of contracts connected with trusts enforceable S.12Specific performance of part of contract S.13Rights of purchaser or lessee against person with no title or imperfect title S.14Contracts not specifically enforceable S.14APower of court to engage experts S.15Who may obtain specific performance S.16Personal bars to relief S.17Contract to sell or let property by one who has no title, not specifically enforceable S.18Non-enforcement except with variation S.19Relief against parties and persons claiming under them by subsequent title S.20Discretion as to decreeing specific performance S.20ASpecial provisions for contract relating to infrastructure project S.20BSpecial Courts S.20CExpeditious disposal of suits S.21Power to award compensation in certain cases S.22Power to grant relief for possession, partition, refund of earnest money, etc.S.23Liquidation of damages not a bar to specific performance S.24Bar of suit for compensation for breach after dismissal of suit for specific performance S.25Application of preceding sections to certain awards and testamentary directions to execute settlements

Ch. III

Rectification of Instruments

S.26When instrument may be rectified

Ch. IV

Rescission of Contracts

S.27When rescission may be adjudged or refused S.28Rescission in certain circumstances of contracts for the sale or lease of immovable property S.29Alternative prayer for rescission in suit for specific performance S.30Court may require parties rescinding to do equity

Ch. V

Cancellation of Instruments

S.31When cancellation may be ordered S.32What instruments may be partially cancelled S.33Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable

Ch. VI

Declaratory Decrees

S.34Discretion of court as to declaration of status or right S.35Effect of declaration

Ch. VII

Injunctions

S.36Preventive relief how granted S.37Temporary and perpetual injunctions S.38Perpetual injunction when granted S.39Mandatory injunctions S.40Damages in lieu of, or in addition to, injunction S.41Injunction when refused S.42Injunction to perform negative agreement