Specific Relief Act, 1963 Overview

A legal process for recovering immovable property forcefully taken without consent, within six months of dispossession.

Property that cannot be easily moved, such as land or buildings.

The act of taking away a person's possession of property without their permission.

The six-month timeframe for filing suits for the recovery of immovable property.

Distinct items that can be easily moved, like furniture or vehicles.

A method in the Code of Civil Procedure to recover specific moveable property.

A trustee can file a case to retrieve movable assets that belong to the trust beneficiaries.

Possession of movable property for a limited time, sufficient to pursue a lawsuit.

Section 7 allows recovering specific movable property (e.g., shares, securities) that's identifiable and capable of being physically delivered back to the rightful owner.

Specific performance (Sec. 10) can be awarded if a contract is in clear terms and capable of being enforced by a court, but only if damages aren't sufficient to resolve the issue.

Specific performance (Sec. 14) isn't an option if damages are adequate compensation ,the court finds the contract unreasonable, or the contract is too vague to enforce.

The party seeking specific performance must have a valid right to seek it under Section 15, typically because the subject matter of the contract is unique.

Section 16 outlines individuals who can't compel specific performance, usually cases where personal services are required or where performance is impossible (impossible contract)

A court order requiring a party to fulfill a contractual obligation.

Either party to a contract or someone with a beneficial interest in the contract, a representative in the interest, can seek specific performance.

Specific performance may be unavailable when damages are easily calculated or when the contract involves continuous duties hard for the court to oversee.

The court had discretion in granting specific performance as per the 1963 Act.

Specific performance is mandatory now, except when barred by the Act's sections 14 and 16.

Conditions needed for applying a restraining order, including a legal right, violation, and falling within the court's powers.

A right, recognized by law, either explicitly stated or inferred from actions/contracts.

Where a party has already gotten an acceptable alternative to the contract's full performance.

A court order for a limited time, often granted in the early stages of a lawsuit.

Contracts requiring ongoing work that a court can't oversee effectively.

A case example illustrating when specific performance was not granted due to the need for court supervision (editing the article).

A permanent court order preventing a specific action.

A failure to fulfill the obligations outlined in a contract.

A court order forcing someone to fulfill their contractual obligations.

Part of a contract that prohibits specific actions.

Specific Relief Act section covering the granting of injunctions.

A court order that settles a legal right or status, removing any uncertainty.

The Act that contains rules related to declaratory decrees.

Allows people with legal rights to ask the court to confirm those rights.

This section defines who a declaration formally binds.

A declaration affecting only the involved parties, not everyone.

A declaration affecting everyone with a claim to a thing, not just the involved parties.

The needed criteria for filing a suit to get a declaratory decree; entitlement, denial of rights, and court discretion.

The judge's authority to decide whether or not to issue a declaratory decree.

A court order requiring someone to do a specific positive act to correct a wrong or fulfill a legal obligation.

Indian law that allows courts to issue mandatory injunctions to compel actions to prevent breaches of obligations.

To restore the original condition, not create a new one.

A temporary mandatory injunction to prevent serious harm before trial

Higher standard of evidence needed for an interim mandatory injunction than for a regular injunction.

A factor considered when granting mandatory injunctions; favoring the party seeking the injunction.

Harm that cannot be monetarily compensated.

Significant damages needed to file a mandatory injunction.