Sunday, January 31, 2016

Specific Relief Act....why is it in news ?
  • A law ministry panel will review the Specific Relief Act, 1963, keeping in mind the present scenario involving contract-based infrastructure, PPP and other public projects.

WHY the review ?
  • 50 year old ...time has changed ...need to be amended.
Ok, but what is this ACT all about ?
  • The 'Specific Relief Act 1963' is an Act of the Parliament of India large number of remedial aspects of law. It came in the replacement of the earlier Act of 1877. 
  • Protection of life and property cannot be assured by a simple declaration of rights and duties. 
  • The enumeration of rights and duties must be supplemented by legal devices which help the individual to enforce his rights. 
  • Social redress must be provided to every person who is injured in the social process.
  • Basically, the mission of the Specific Act is to assure that whenever there is a wrong there must be a remedy.
  • Specific relief is only provided for the violation of a legal right.
Getting deeper into this ACT !
  • 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. 
  • 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,
1.     Recovery of Possession of Property,
2.     Specific Performance of Contracts,
3.     Rectification of Instruments,
4.     Rescission of Contracts,
5.     Cancellation of Instruments,
6.     Declarative Relief, and
7.     Preventive Reliefs ( Injunctions).


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