Supreme Court on Specific Relief Act (1950 to 2019) (In 2 Volumes)

This digest contains all the rulings of the Supreme Court on the Specific Relief Acts, 1877 and 1963 from 1950 till the present, along with 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:

• The whole Act can be studied in full at pp. I-53
• The bare text of each section has been given just before the case notes on each section of the Specific Relief Act, 1963.

Furthermore, there are a large number of judgments in which the provisions of the Specific Relief Act are not expressly mentioned by the Supreme Court, but they are inferentially involved. The SCC Editors over the years have carefully studied each judgment of the Supreme Court since 1950 and have sifted and extracted every possible ruling of law that may be relevant to the Specific Relief Acts, 1877/1963, thus making this compendium the most comprehensive source of rulings of law on the Specific Relief Act by the highest court of the land, which rulings are binding in the whole country under Art. 141 of the Constitution.

Table of Contents:

Brief Contents

• Detailed Contents of Case Law
• Table of Cases Digested
• Bare Acts- Specific Relief Act, 1963
• Digest of Case law

Detailed Contents

Volume 1-

• Specific Relief Act, 1877
• Section 3
• Section 8
• Section 9
• Section 12
• Section 13
• Section 15
• Section 18(a)
• Section 21(b)
• Section 22
• Section 27
• Section 27(b)
• Section 27-A
• Section 31
• Section 35(c)
• Section 37
• Section 42
• Section 43
• Section 45
• Section 48
• Section 54
• 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

Volume 2-

• Section 5
• Section 6
• Section 9
• Section 10
• Section 12
• Section 13
• Section 14
• Section 15
• Section 16
• Section 17
• Section 19
• Section 20
• Section 21
• Section 22
• Section 27
• Section 28
• Section 34
• Section 35
• Section 37
• Section 38
• Section 39
• Section 41