Table of Contents
- 1 What is specific relief under Specific Relief Act?
- 2 What are the reliefs available in the Specific Relief Act 1963 regarding possession of movable property?
- 3 What is true of Specific Relief Act 1963 Mcq?
- 4 What does specific relief mean?
- 5 Who may obtain specific performance under the Specific Relief Act 1963?
- 6 Who can obtain specific relief?
- 7 What is the significance of the Specific Relief Act 1963 explain the primary principle upon which the SRA is based upon?
- 8 How many sections are in the Specific Relief Act?
- 9 What was preventive relief under the Specific Relief Act, 1963?
- 10 What can I do under the Specific Relief Act?
- 11 When is there no compensation under the Relief Act?
What is specific relief under Specific Relief Act?
The Specific Relief Act 1963 (“the Act”) sets out the remedies available to parties whose contractual or civil rights have been hampered. The Act comes into play when an actual damage for non-performance of a contractual obligation cannot be measured or the monetary compensation would not suffice.
What are the reliefs available in the Specific Relief Act 1963 regarding possession of movable property?
If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
What are the contracts which can be specially enforced under Specific Relief Act 1963?
Section 11 of the Specific Relief Act provides for the cases in which specific performance of contracts connected with trusts are enforceable. specific performance of a contract may, in the discretion of the court, be enforced when the act agreed to be done is in the performance wholly or partly of a trust.
What is true of Specific Relief Act 1963 Mcq?
A person entitled to the possession of specific immovable property may recover it in the manner provided by The Specific Relief Act, 1963. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908.
What does specific relief mean?
Specific Relief is legalese for performing a contract when monetary compensation for failing to complete contractual obligations is not enough. This is called specific performance of a contract. This extends to infrastructure contracts, like construction of housing societies or sale and purchase of land.
What is Relief Act?
The RELIEF Act repeals state and local income taxes on unemployment benefits for tax years 2020 and 2021.
Who may obtain specific performance under the Specific Relief Act 1963?
Persons against whom the contracts can be specifically enforced. Section 15 deals with the person against whom the contracts can be specifically enforced: Any party to contract or any party to suit. Representative in interest or principal, which holds certain important ingredients-
Who can obtain specific relief?
According to section 15 of the Specific Relief Act, 1963, specific performance of a contract may be obtained by:
- any party;
- the principle or the representative in interest, of any party;
What is meant by the relief of specific performance?
Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.
What is the significance of the Specific Relief Act 1963 explain the primary principle upon which the SRA is based upon?
The recovery of possession of this Act is provided under two heads: recovery of the immovable property and recovery of the movable property. The law of Specific Relief Act,1963 works on a basic principle that “Possession is itself a prima facie evidence of the ownership”.
How many sections are in the Specific Relief Act?
| Contents | |
|---|---|
| Sections | Particulars |
| 22 | Power to grant relief for possession, partition, refund of earnest money, etc. |
| 23 | Liquidation of damages not a bar to specific performance |
| 24 | Bar of suit for compensation for breach after dismissal of suit for specific performance. |
What is relief law?
The redress or assistance that a party seeks from a court. Whereas a remedy typically redresses obvious injuries, the term relief better captures situations where no tangible injury exists and yet one party seeks a court order to protect its legal rights (e.g., in a declaratory judgment).
What was preventive relief under the Specific Relief Act, 1963?
Preventive relief under the Specific Relief Act, 1963 has a negative connotation in its operationality. This type of relief has been devised to deal & counter a scenario where the nature of the contract is such that neither the grant of damages nor the specific performance is unlikely to serve any purpose.
What can I do under the Specific Relief Act?
Under the Specific Relief Act, any person against whom the relief is claimed may plead by way of defense any ground which is available to him under any law relating to contracts. Rectification of instruments – The act of correcting something means to rectify. Of all the transactions made, most are made mandatory to be in writing.
What was Chapter VI of the Specific Relief Act?
Under Chapter VI of the Specific Relief Act, he is allowed to proceed against any person who is denying or is interested in denying him his right. Ushaben V. Bhagayalakshmi
When is there no compensation under the Relief Act?
No compensation shall be awarded when the relief for money is not itself mentioned in the plaint. When through fraud or mutual mistake the parties do not show their real intention then: The defendant in his defence may claim for rectification of instrument.