This digest contains all the rulings of the Supreme Court on the Specific Relief Acts, 1877 and 1963 from 1950 till the present, alongwith the relevant statutory text of the Specific Relief Act, 1963.
The SCC Editors have carefully studied each judgment of the Supreme Court since 1950 for the rulings that may be related to Specific Relief Acts, 1877/1963 and have given an exhaustive coverage of the Act in the Digest.
The bare text of the Specific Relief Act, 1963 is available at two places:
1. Whole Act is given in full at pp. I-53 2. Bare text is given just before case notes on each section of the Specific Relief Act.
Also includes large number of judgments which even indirectly involve provisions of Specific Relief Act.
Provides an authoritative and lucid treatment of the subject, compressing a vast amount of essential information.
Table Of Contents:
Detailed Contents of Case Law
Table of Cases Digested
Bare Acts- Specific Relief Act, 1963
Digest of Case law
Specific Relief Act, 1877
Specific Relief Act, 1963
Section 2 — Definitions
Section 3 — Savings
Section 4 — Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws
Section 5 — Recovery of specific immovable property
Section 6 — Suit by person dispossessed of immovable property
Section 7 — Recovery of specific moveable property
Section 8 — Liability of person in possession, not as owner, to deliver to person entitled to immediate possession
Section 9 — Defences respecting suits for relief based on contract
Section 10 — Cases in which specific performance of contract enforceable
Section 11 — Cases in which specific performance of contracts connected with trusts enforceable
Section 12 — Specific performance of part of contract
Section 13 — Rights of purchaser or lessee against person with no title or imperfect title
Section 14 — Contracts not specifically enforceable
Section 15 — Who may obtain specific performance
Section 16 — Personal bars to relief
Section 17 — Contract to sell or let property by one who has no title, not specifically enforceable
Section 18 — Non-enforcement except with variation
Section 19 — Relief against parties and persons claiming under them by subsequent title
Section 20 — Discretion as to decreeing specific performance
Section 21 — Power to award compensation in certain cases
Section 22 — Power to grant relief for possession, partition, refund of earnest money, etc.
Section 23 — Liquidation of damages not a bar to specific performance
Section 26 — When instrument may be rectified
Section 27 — When rescission may be adjudged or refused
Section 28 — Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed
Section 29 — Alternative prayer for rescission in suit for specific performance
Section 31 — When cancellation may be ordered
Section 34 — Discretion of court as to declaration of status or right
Section 35 — Effect of declaration
Section 36 — Preventive relief how granted
Section 37 — Temporary and perpetual injunctions
Section 38 — Perpetual injunctions when granted
Section 39 — Mandatory injunctions
Section 40 — Damages in lieu of, or in addition to, injunction
Section 41 — Injunction when refused
Section 42 — Injunction to perform negative agreement