Anaita Vas 27 November 2021
This Act was enacted in 1963 following the approach that when a person has withdrawn himself from the performance of a particular promise or a contract with respect to another person, the other person so aggrieved is entitled to a relief under Specific Relief Act, 1963. This Act is considered to be in one of the branches of the Indian Contracts Act, 1872.
Section 2 of Specific Releif Act, 1963 deals with obligations which are duties imposed on a person by the law or the legal body, settlement that means delivery of the movable or immovable property to their successive interests when it is agreed to be disposed of, the word “trust” which has the same meaning as defined in Section 2 of the Indian Trust Act, 1882, the word “trustee” which means the person holding trust in the property and all other definitions which have not been explained herein are the same as referred to the definitions of the Indian Contracts Act, 1872.
Section 4 of this act explains that this Act grants special relief for the enforcement of individual rights and not for imposing penal laws.
Preventive relief is considered to be any relief which abstains a party from doing any act; a relief from the court which details that the party should not perform certain acts for which the relief shall be prescribed.
Injunctions are a specific order under which a party must abstain from performing any act.
Perpetual injunctions are known as permanent injunctions. They can only be imposed after hearing the parties on the merits of the case in which the defendant has enjoyed an assertion of the right and by affecting the plaintiff on the contrary.
Some well-known judgements related to Specific Releif Act, 1963 are:
1. Geeta Rani Paul v. Dibyendu Kundu
2. Prem Singh v. Birbal
The Specific Relief Act, 1963 has a set of reliefs given to the parties to suit. This act focuses on providing justice to all and not inequitable favouring a single party.
minakshi bindhani 27 November 2021