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THE SPECIFIC RELIEF ACT 1963 INTRODUCTION

In 1877, the Specific Relief act was enacted and put into force. This was amended in 1963 Whereas the contract act deals with contractual obligations, the specific relief act aims at providing for various legal remedies for violation of the contractual obligations. If A is illegally dispossessed of his house 'H', the specific relief act, provides for a specific remedy to get that very house H, not any other house or money compensation. That is specific relief. This is only an example. Various reliefs like injunctions, Rescission of contracts, Declaratory decrees,cancellation & Rectification of Instruments etc are provided for in the Act.

THE SPECIFIC RELIEF ACT 1963 INTRODUCTION

In 1877, the Specific Relief act was enacted and put into force. This was amended in 1963 Whereas the contract act deals with contractual obligations, the specific relief act aims at providing for various legal remedies for violation of the contractual obligations. If A is illegally dispossessed of his house 'H', the specific relief act, provides for a specific remedy to get that very house H, not any other house or money compensation. That is specific relief. This is only an example. Various reliefs like injunctions, Rescission of contracts, Declaratory decrees,cancellation & Rectification of Instruments etc are provided for in the Act.


Much attention should be given to the illustrations and examples.


SPECIFIC RELIEF ACT, 1963 Indian Contract Act, 1872 provides relief of compensation in case of breach of contract, but there are stances where the grant of compensation would not afford adequate relief. There are also circumstances could be rendered only when the defendant was refrained from trespassing or prevented from the right of the plaintiff. In such cases grant of compensation could not grant adequate relief or render stice Thus, to provide certain reliefs in appropriate cases such as specific performance of contract and injunctions, the Specific Relief Act, 1877 was enacted.


Later the Specific Relief Act of 1877 was replaced with the Specific Relief Act, 1963 to cope with the changing and circumstances. The Act of 1963 came into force with effect from 1 March 1964. The Act applies to the whole of India except the State of Jammu and Kashmir.

 

The Specific Relief (Amendment) Act, 2018

The Statement History of Objects and Reasons to the amendment bill provides that the Amendment Act has been nated to bring the law in tune with rapid economic growth and the expansion of infrastructure activities in the quntry. The Amendment Act has been enacted with the primary intent of bringing greater certainty in mforcement of contracts and enabling faster and easier resolution of contractual disputes. The Amendment Act eved the Presidential assent on 1 August 2018and the Amendment Act came into force with effect from 1st October 2018.

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