Act of 1881 and the mining act, 1874 arc respectively dealt with under the said acts. Effect of non registration and registration of documents under indian registration act 1908. Law on specific performance of contract articles on law. The specific relief act, 1963 is an act of the parliament of india which provides remedies for persons whose civil or contractual rights have been violated. This is a quick video to show you how to read bare act. Explain the specific relief act in details llb law notes. Air1985cal315,19851chn129,89cwn372 for in the instant suit does not come within the scope and ambit of section 34 of the specific relief act, 1963 and the declaratory relief prayed for in the instant suit not being covered and prohibited by section 34 of the specific relief act, the said suit is not governed by the specific relief act.
In case of his failure, the other party will have a right sue for performance of the contract. When instrument may be rectified 1 when, through fraud or a mutual mistake of the parties, a contract or other instrument in writing not being the articles of association of a company to which the companies act, 1956, applies does not express their real intention, then. Act profile report state graduating class 2016 code 289999 nebraska total students in report. Prior to its enactment, the provision of the english negotiable instrument act were applicable in india, and the present act is also based on the english act with certain modifications. The pdf is simple, clean, colourful and has links to save your time and energy. Download bare act the indian contract act 1872 file in pdf. Specific relief granted under clause c of section 5 is called preventive relief. Be it enacted by parliament in the sixtyninth year of the republic of india as follows. Section 34 of the specific relief act, 1963 contemplates certain conditions which are to be fulfilled by a plaintiff. Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define and amend the law relating to certain kinds of specific relief be it enacted by parliament in the fourteenth year of the republic of india as follows. Power to set aside contract induced by undue influence. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidity. Specific relief act, 1963 bare act updated with latest.
An act to amend the law relating to the transfer of property by act of parties preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. If you are a legal professional, contact us, in order to see how our unique solution can benefit your organization. An important bill named the specific relief amendment bill, 2018 to amend an existing act, called the specific relief act 1953 that had not been amended since its inception, was passed by lok sabha midmarch 2018 by a voice vote without debate amid over different issues, including the pnb scam. Apportionment of relief or compensation obtained by such suits. Section22 power to grant relief for possession, partition, refund of earnest money, etc section23 liquidation of damages not a bar to specific performance section24 bar of suit for compensation for breach after dismissal of suit for specific performance. The negotiable instruments act, 1881 xxvi of 1881 9th december, 1881 an act to define and amend the law relating to promissory notes, bills of exchange and cheques. Chapter x agency appointment and authority of agents. The specific relief act 1877 is not an exhaustive code. An act to amend the hunter district water supply and sewerage act of 1892, the country towns and hunter district water supply and sewerage acts amendment act of 1894, and the hunter district water supply partial duplication act, 1895. Presentation on specific relief act 1963 by keshav.
A bill to repeal the act of 1877 was introduced in lok sabha and was passed by the both the houses of parliament and on thdecember, 1963 the president assented to the same. Provisions act, 2002 an act further amend the negotiable 1881, the bankers evidence 1891 and the information technology act, 2000 be irenacted by parliament in the fiftythird year of the republic of india as follows. A person entitled to the possession of specific immovable property may recover it in the manner provided by the code of civil procedure, 1908 5 of 1908. The specific relief act, 1963, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Lectures of specific relief act pahuja law academy.
Short title, extent and commencement 1 this act may be called the specific relief act, 1963. A promissory note, bill of exchange or cheque delivered on condition that it is not to take effect except in a certain event is not negotiable except in the hands of a holder for value without notice of the condition unless such event happens. Full text containing the act, limitation act, 1963, with all the sections, schedules, short title, enactment date, and footnotes. Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed by only a small proportion to the whole in value and admits of compensation in money, the court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency. Jun 01, 2016 specific relief act 1877, section 9, in urduin hindiin english by farzana perveen siddiqui duration. Section4 specific relief to be granted only for enforcing individual civil rights and not for enforcing. Specific relief act 1877, section 9, in urduin hindiin english by farzana perveen siddiqui duration. Specific relief act 1963 section 34 page 4 judgments. April 22, 2017 comments off on specific relief act, 1877. The specific relief act 1963 was enacted by the parliament and it came into force on march 1, 1964. The registration act 1908 5 1 2 the state government may allow proper establishments for several offices under this act. It ensures a remedy to the aggrieved person not only against all persons who actually claim an adverse interest to his own, but also against those who may do so. Learn vocabulary, terms, and more with flashcards, games, and other study tools.
Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidityplaintiffs. Quizlet flashcards, activities and games help you improve your grades. It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he. Aug 22, 2014 the specific relief act, 1963 was came into force on 1 st march 1964. What considerations and objects are lawful and what not. A bill to repeal the act of 1877 was introduced in lok sabha and was passed by the both the houses of parliament and on th december, 1963 the president assented to the same. Specific relief act, 1877 is a law that provides specific remedies to specific liabilities and to specific situations. Agreement void where both parties are under mistake as to matter of fact. The act is based on the principle of equity and is used for granting specific relief for enforcing civil rights. Current consolidated statutes and regulations legislation. It takes me a lot of time and energy to create these pdfs. The specific relief amendment act, 2018 amendment act was recently passed by both houses of parliament and subsequently received presidential assent on 1 august 2018. Agent to be indemnified against consequences of acts done in good faith.
Section 41h in the specific relief act, 1963 h when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of. The specific relief act, 1963 was came into force on 1 st march 1964. Negotiable instruments act, 1881 chapter iv bare act. A contract is an agreement upon sufficient consideration to do or not to do a particular act. Whereas it is expedient to define and amend the law relating to promissory notes, bills of exchange and cheques. In all suits for enforcement of an agreement of sale or any other relief under the specific relief act, 1877, the fee shall be fixed as in suits for declaration of title to immovable property mentioned in rule 7 and any other suit for recovery of possession under a contract of sale or otherwise or for the recovery. It extends to the whole of pakistan and it shall come into force on the first day of may, 1877. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Provided that nothing in this section shall affect any right, title, or interest to or in any such lands existing on the day when this act take effecs except t in so far as such right, title, or interest. The specific relief act 1963 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the specific relief act 1963 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws. An act to define and amend the law relating to certain kind s of specific relief. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Feb 03, 2016 the law as to specific relief is contained in the specific relief act i of 1877. Specific relief act 1963 complete act bare act legalcrystal.
Chapter i preliminary short title and commencement this act may be called the negotiable instruments amendment and miscella. The several registrars and subregistrars shall use a seal bearing the following inscription in english and in such other language as the state govern. Whereas it is expedient to consolidate and amend the laws relating to the procedure of the courts of civil judicature. Subject to the provisions of section 58, a promissory note, bill of exchange or cheque payable to bearer is negotiable by delivery thereof. Here is the pdf for specific relief act that you can download for offline use. Be it enacted by parliament in the fourteenth year of the republic of india as follows. It extends to the whole of india but nothing herein contained affects the indian paper currency act, 1871, 3 of 1871. Defences respecting suits for relief based on contract. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. This act may be called the negotiable instruments act, 1881. It extends to the whole of india except the state of jammu and kashmir.
The party on whom this contractual obligation rests must not fails to discharge such obligation. This video is for all the new applicants who are struggling to clear the judicial exam. An act to define and amend the law relating to certain kinds of specific relief. If you are a legal professional, contact us, in order to see how our unique solution can benefit your. The specific relief act 1963 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the specific relief act 1963 national security, others, procedural and administration, property related.
When one person signifies to another his willingness to do or to abstain from doing any thing with a view to obtaining the assent of that other person to such act. Law commissions constituted by government of india are empowered to recommend legislative changes and reforms. Bare act with short notes for students book online at best prices in india on. Specific relief act, 1963 national portal of india. The specific relief act 1877 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the specific relief act 1877 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws. An act further to amend the specific relief act, 1963. Specific relief act, 1963 pdf download 2019 writinglaw.
The specific relief act 1877 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the specific relief act 1877 national security, others, procedural and administration, property related. The specific relief act 1963 indian bare acts india bare. These rules may be called the advocates fee rules, 2010. Negotiable instruments amendment bill, 2017 a aims to amend the negotiable instruments act, 1881, asking the drawer of a cheque that has been dishonoured to pay interim compensation to the complainant. Limitation act, 1963 bare acts law library advocatekhoj. Contract caused by mistake of one party as to matter of fact. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits it is hereby enacted as follows. The specific relief act, 1963 is the outcome of the acceptance by the central government on the recommendations made by the law commission of india. If you continue browsing the site, you agree to the use of cookies on this website. Specific relief act, 1877 presentation slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Effect of non registration and registration of documents. Be it enacted by parliament in the fourteenth year of the republic of india as follows star wherever, means there has been a recent amendment. In the event of ambiguity of a provision, for the purpose of interpretation of such a statutory provision, courts can certainly take recourse to material or aids outside the statute, i.
Lawyers, law firms, government departments and corporates rely on us for, workflow automation, data aggregation, timely updates, case management, intelligent research, latest legal data updates and a lot more. Chapter 2 national nuclear regulator establishment of national nuclear. A consolidation is not an official statement of the law. Before the passing of the specific relief act the law as to specific relief was contained in sections 15 and 192 of the civil procedure code of 1859. Specific relief act, 1963 bare act with pdf download.
The specific relief act 1877 indian bare acts india bare. Notification of the coming into force of the different provisions introduced by the amendment act is presently awaited. The negotiable instruments act was enacted, in india, in 1881. The parliament enacted the act by repealing the specific relief act, 1877. This act may be called the specific relief act, 1877.
And it shall come into force on the first day of may, 1877. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. For information on visiting the capitol complex, please. An act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith. The present specific relief act, 1963 is an amended form of the former specific relief act 1877 which was repealed by section 44 of the present act. The act has been modified, amended or changed or new provisions have been added. Important notice not all the legislation of nunavut is available as an uptodate consolidation.