- PART I -Preliminary
- PART II-Specific Relief
- PART III-Preventive relief
- The Schedule
Latest Change in the Law
- The Specific Relief (Amendment) Act, 2018 [18 of 2018] wef 1/10/2018
- Repealing and Amending Act, 1974 (52 of 1974)
- Repealing and Amending Act, 1964 (55 of 1964)
- Specific performance of part of contract [Sec 12]-Specific Relief Act 1963
- Specific performance in respect of contracts[Sec 10]-Specific Relief Act 1963
- Suit by person dispossessed of immovable property[Sec 6]-Specific Relief Act 1963
- Recovery of specific immovable property[Sec 5]-Specific Relief Act 1963
- Short title, extent and commencement[Sec 1]-Specific Relief Act 1963
Suit in General
Expeditious disposal of suits[20C] – Notwithstanding anything contained in the Code of Civil Procedure, 1908, a suit filed under the provisions of this Act shall be disposed of by the court within a period of twelve months from the date of service of summons to the defendant:
Provided that the said period may be extended for a further period not exceeding six months in aggregate after recording reasons in writing for such extension by the court.
Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws[Sec 4] – Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law.
Savings[ S-3] – Except as otherwise provided herein, nothing in this Act shall be deemed . (a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents.
INJUNCTION IN GENERAL
- Writ Petition challenging the orders passed by Civil Courts refusing to grant interim injunction could be maintainable - Writ Petition under Article 227 challenging the orders passed by Civil Courts refusing to grant interim injunction under Order XXXIX, Rules 1 and 2 of the CPC could very well be maintainable. […]
- In a suit for injunction based on prescriptive easement, the plaintiff should seek declaration that he has acquired the right - Easementary right of way — It has been statutorily declared that an easement which under no circumstances can be advantageous to the dominant heritage shall cease to exist. It has been Judicially […]
- Consumer forum is not competent to allow interim or ad interim injunction - In Morgan Stanley Mutual Fund Vs. Kartick Das, the jurisdiction of the Consumer Disputes Redressal Forum to pass an order of injunction came up for consideration. This court having regard to the […]
- Principles to grant an injunction restraining the encashment of a bank guarantee - Numerous decisions of the Court rendered over a span of nearly two decades have laid down and reiterated the principles which the courts must apply while considering the question whether to grant […]
- How to decide whether one trademark is deceptively similar to another in passing off case. - the defendants’ wrapper is deceptively similar to the plaintiffs’ which was registered.
- Accused rightly used private defence by gun firing the trespasser violating injunction order - The right of private defence serves a social purpose and as observed by this Court more than once there is nothing more degrading to the human spirit than to run away in face of peril
- Scope of an irrevocable letter of credit explained by Supreme Court - An irrevocable letter of credit has a definite implication. It is a mechanism of great importance in international trade. Any interference with that mechanism is bound to have serious repercussions on the […]
- Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure - The civil courts are authorised to pass such orders as may be necessary for the ends of justice, or to prevent abuse of the process of court, but where an express provision is made to meet a particular situation the Code must be observed, and departure therefrom is not permissible.
- Difference between consequential relief for injunction and further relief for injunction in a Declaratory Suit - C. Mohammad Yunus Versus Syed Unnissa and others- Specific Relief Act, 1877—Section 42—Consequential relief—Adequacy of—Determination of—Suit for declaration with consequential relief for injunction, held to be suit for declaration for further relief.
- Whether the unregistered sale deed sought to be produced by the plaintiff in evidence in a suit for permanent injunction could be marked for a “collateral purposes”? - A Collateral transaction means, a transaction other than the transaction affecting the immovable property but which is in some way connected with it. Before adverting to the case law, I would like […]
Categories: CENTRAL ACTS