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.
- EASE of DOING BUSINESS
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).
