Specific Relief Act 1963

1. PART I -Preliminary
2. PART II-Specific Relief
3. PART III-Preventive relief
4. 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)

Central Acts- केंद्रीय अधिनियम  

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

• ITC Limited vs Chowringhee Residency Private-CHC-16/01/2015 - NUISANCE-The common law of nuisance has co-existed with statutory controls, albeit less sophisticated, since the 19th century. There is no principle that the common law should 'march with' a statutory scheme covering similar subject matter. Short of express or implied statutory authority to commit a nuisance..., there is no basis, in principle or authority, for using such a statutory scheme to cut down private law rights
• Cotton Corporation of India Limited VS United Industrial Bank Limited and others-19/09/1983 - Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Restraint on legal proceedings—Permissibility—The Court cannot grant injunction restraining a person from initiating legal proceedings.
• Automatic stay - Automatic stay An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.
• Kashi Math Samsthan and Another Vs Srimad Sudhindra Thirtha Swamy and Another-02/12/2009 - Civil Procedure Code, 1908—Order 39, Rules 1 and 2 read with Order 41, Rule 5 and Section 151—Injunction—By impugned judgment, High Court rejected interim applications filed by appellants seeking status quo and stay of execution of decree in a suit for declaration and injunction.
• M/s. Julien Educational Trust Vs Sourendra Kumar Roy and ors-02/12/2009 - Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Injunction-Prima facie case made out by appellant-Trust as to agreement for sale, which has to go to trial—Whether there was a concluded contract or not between appellant-Trust and the respondents is a matter of evidence and can only be gone into during trial of suit—Interim order is required to be passed to maintain status quo of suit property—Prima facie case is in favour of appellant-Trust
• Preliminary Injunctions and Restraining Orders under FRCP in a Civil Action before the USA Court - specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition;
• Purshottam Vishandas Raheja and Another Vs Shrichand Vishandas Raheja (D) through L.Rs. and Others- 6/05/2011 - An interim mandatory injunction is not a remedy that is easily granted-The relief of interlocutory mandatory injunctions are thus granted generally to preserve or restore the status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted or to compel the undoing of those acts that have been illegally done or the restoration of that which was wrongfully taken from the party complaining.
• Temporary injunction in trademark cases - In trade mark matters, it is now necessary to go into the question of ‘comparable strength’ of the cases of either party, apart from balance of convenience
• M. Gurudas and Ors Vs Rasaranjan and Ors-13/09/2006 - Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Ingredients—Prima facie case, balance of convenience and irreparable injury—Finding on prima facie case would be a finding of fact.
• 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. ACTS: Order XXXIX Rules 1 and 2 of