The laws of malaysia series lom is a compilation and reprint of laws published in volume form pursuant to section 14 a of the revision of laws act 1968 act 1. As the short title to the act states specific relief act, it is called specific relief, because the suit seeks a particular relief specifically and since the defendant is ordered to do that specific act, it is called. The act also gives greater discretion to the court to weigh and measure. Details of the coronavirus relief bill, the cares act the economic relief bill provides help to individuals, businesses, hospitals, as well as state and local governments. Here is the pdf for specific relief act that you can download for offline use. The purpose of contract act is to lay down principles for formation of contractual relations and to provide the remedial measure of recovery of damages in the event of one partys failure to keep his contractual commitments. Nonperformance of an obligation of a contract cannot be compensated with money. Be it enacted by parliament in the sixtyninth year of the republic of india as follows. Under the act, the remedy of specific performance was not available to a party as a matter of right, but its grant was based on the discretion of the court.
This is done by giving the promisee the aggrieved party, a right to have the breached contract performed through a third party or by his. In this act obligation includes every duty enforceable by law. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. An act further to amend the specific relief act, 1963. Whereas it is expedient to define and amend the law relating to certain kinds of.
An act to define and amend the law relating to certain kinds of specific relief. Lectures of specific relief act pahuja law academy. It is the only official and authentic publication of the laws of malaysia. In this act, unless the context otherwise requires. I have created it to help law students go to a section quickly. Specific relief amendment act, 2018 analysis, provisions. Specific relief granted only for the purpose of enforcing individuals civil right and not for the mere purpose of enforcing the penal law. Section 15 of the specific relief act, 1963, provides that except as otherwise provided by this chapter, the specific performance of a contract may be obtained byany party thereto, and under section 16 the court has been given discretion and personal bars to relief. Specific relief act amendment bill 2018 lawyers safari.
Section 20 of the act relates to discretion as to decreeing specific performance. The specific relief act has undergone major amendments. Jul 28, 2018 specific relief act amendment bill 2018. Contract and specific relief download ebook pdf, epub. Part 1 part 1 preliminarypreliminary contains contains fourfour sections. Specific relief act 1963 in hindi indian employees. Consentdefinition of consent or freeconsent in contract act, 1872 applies to provisions of specific relief act under residuary clause of s. Specific relief is given a by taking possession of certain property and delivering it to a claimant.
Section 16 of the act deals with cases of personal bars to relief. Law of contract by avtar singh pdf finance updates. For section 10 of the principal act, the following section shall be substituted, namely. Until now, while specific performance was granted as per the discretion of courts, under the amended act, specific performance will be granted mandatorily, subject to certain exceptions which are elaborated in. Specific relief finds its roots in equitable principles. Taking possession of property and delivering it to the claimant who is out of possession. Apr 01, 2019 textbook on law of contract and specific relief by dr. The specific relief act, 1963 is the outcome of the acceptance by the central government on the recommendations made by the law commission of india. Parliament on 23 july approves the specific relief amendment bill, 2018.
It is called specific because under this procedure, the plaintiff gets his relief in specific, rather than a general relief or damages or compensation that is, the very thing which the other party was bound to perform or forbear from performing. The specific relief act, 1963 act codifies the law in relation to grant of the relief of specific performance 1 including injunctions. Section 50, of the specific relief act bars the power of high court to pass. The specific relief used to be a discretionary remedy. The amendment seeks to make specific performance a rule, rather than an exception.
Specific relief act, 1963 bare act with pdf download writinglaw. Section 36 of the specific relief act, 1963, classifies injunction into a two b three c four d five. This site is like a library, use search box in the widget to get ebook that you want. Dec 30, 2017 as the preamble to the act suggests it defines and amends the law relating to certain kinds of specific relief. Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define and amend the law relating to certain kinds of specific relief be it enacted by parliament in the fourteenth year of the republic of india as follows.
Specific relief act, 1963 bare act updated with latest. The specific relief amendment act, 20181 amendment was notified in the official gazette on august 1, 2018 thereby amending the specific relief act, 1963 act, which essentially prescribes remedies for parties either by awarding specific performance of a contract, or. Sandeep kulshrestha assistant professor, amity law school, amity university madhya pradesh 2. The act was originally drafted upon the lines of the draft, new york civil code, 1862, and its main provisions embodied the doctrines evolved by the english equity courts. But doing so by scrolling in this long pdf is hard. Suit by persons dispossessed of immovable property. Details of the coronavirus relief bill, the cares act. It takes me a lot of time and energy to create these pdfs. So, to read any section just use the initial blue index pages of this pdf. Specific relief amendment act, 2018 an important bill named the specific relief amendment bill, 2018 to amend an existing act, called the specific relief act 1953 that had not been amended since its inception, was passed by lok sabha midmarch 2018 by a voice vote without debate amid over different issues, including the pnb scam. The amendment act aims at improving indias global ranking on the enforceability of contracts and the ease of doing business indices. Section 37 of the specific relief act, 1963, provides that a perpetual injunction can be granted a during the pendency of a suit b by the decree c both a and b d either a or b.
Download contract and specific relief or read online books in pdf, epub, tuebl, and mobi format. Feb 28, 20 specific relief is a form of judicial redress. Section 10 of the specific relief act, 1963 states that a court may order specific performance of a contract under the following circumstances. Summary of specific relief act linkedin slideshare. The specific relief act, 1963 is an act of the parliament of india which provides remedies for persons whose civil or contractual rights have been violated. Specific relief act, 1963specific relief act, 1963 the act contains the act contains threethree parts and parts and eighteight chapters. Specific relief act is not exhaustive enactment as to contain the entire area.
Preamble whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Malacca, penang, sabah and sarawak 1 july 1974, act a238 part i preliminary short title 1. Understanding substituted performance under the specific. Now it has been elevated to the position of a general remedy. Be it enacted by parliament in the fourteenth year of the republic of india as follow. In section 6 of the specific relief act, 1963 hereinafter referred to as the principal act, in subsection 1, after the words he or any person, the words through whom he has been in possession or any person shall be inserted. Specific relief amendment bill, 2018 introduces a new concept of substituted performance by proposing to amend certain provisions of the specific relief act, 1963. The lom series incorporates all principal laws of malaysia enacted after 1969 and pre1969 laws which have.
Specific relief 7 laws of malaysia act 7 specific relief act 1950 an act relating to specific relief. The pdf is simple, clean, colourful and has links to save your time and energy. Specific relief act, 1963 bare act with pdf download. Before the passing of the specific relief act the law as to specific relief was contained in sections 15 and 192 of the civil procedure. The current legal framework the specific relief act 1877 india act, 1877 1 may 1877 part i preliminary 12. Explain the specific relief act in details llb law notes. New edition of textbook on law of contract and specific. The specific relief act 1963 has replaced the specific relief act of 1877 and is operative from 1st march 1963. Specific relief and its provision lawyersclubindia. Feb 03, 2016 the forms of specific reliefs provided for in the specific relief act form under four divisions. Specific relief is a judicial remedy or redress for the purpose of enforcing the civil rights of the individuals. Rules regulations notifications orders circulars statutory ordinance statutes.
Judicial services study material delhi law academy. As per section 49 of the specific relief act, 1877 the cost of all applications and orders under chapter vii of the specific relief act, 1877 whall be in the discretion of the. The amendment act aims at improving indias global ranking on the enforceability of contracts and the ease of doing business indices broadly, the amendment act seeks to address the issue of delay. Sep 12, 2018 the specific relief act, 1963 act codifies the law in relation to grant of the relief of specific performance 1 including injunctions. Analysis amendments to the specific relief act, 1963 24 august 2018 the specific relief amendment act, 2018 introduces a paradigm shift in the prevalent law regarding contractual enforcement in india, shifting the focus from the previous default remedy of award of damages for breach of contract to enforcing specific performance of contracts. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Textbook on law of contract and specific relief by dr avtar singh deals with the contract act, 1872 and the specific relief act, 1963. Except as otherwise provided herein, where any relief is claimed under this chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defense. Legislation from this website is not a copy of the gazette printed by the government printer, percetakan nasional malaysia berhad, for the purposes of section 61 of the interpretation acts 1948 and 1967 act 388 and does not constitute prima facie evidence of the contents of the gazette by virtue of the section. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. In this act unless there be something repugnant in the subject or context.
Except as otherwise provided herein, where any relief is claimed under this chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to. The amendment bill has changed the specific relief act, 1963 significantly. Alternate plea of specific performance of contract. As the short title to the act states specific relief act, it is called specific relief, because the suit seeks a particular relief specifically and since the defendant is ordered to do that specific act, it is called specific relief. However, the said section has been amended and replaced with substituted performance in the amendment. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession.
Defences respecting suits for relief based on contract. Specific performance of a contract analysis and case laws. But if the enforcement of penal law is purely an incidental matter the court will not refuse specific relief. Apr 15, 2017 video lecture onwhat is specific relief. Kuala lumpur, johore, kedah, kelantan, negeri sembilan, pahang, perak, perlis, selangor and terengganu4 july 1950. Except as otherwise provided herein, where any relief is claimed under this chapter in respect of a contract, the person against whom the relief is claimed may plead by way of defence any ground which is available to him under any law. Specific relief granted under clause c of section 5 is called preventive relief. The specific relief amendment act, 2018 the amendment act 1 amending the provisions of the specific relief act, 1963 the act 2 came into force on august 1, 2018. When there is no standard for ascertaining the actual damages for nonperformance of an obligation given in the contract.
Compensatory relies of various kinds and certain forms of specific relief specifically mentioned in certain enactments were kept out of the purview of. A person entitled to the possession of specific immovable property may recover it in the manner provided by the code of civil procedure, 1908 5 of 1908. The law as to specific relief is contained in the specific relief act i of 1877. The provisions relating to specific performance of contracts are contained in chapter 2 of part ii of specific relief act, 1963. Specific relief act, 1963 pdf download 2019 writinglaw. Avtar singh deals with the contract act, 1872 and the specific relief act, 1963.
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