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What is the short title of the Specific Relief Act, 1963?
What is the short title of the Specific Relief Act, 1963?
Specific Relief Act, 1963
What does the term "obligation" refer to in the context of the Specific Relief Act, 1963?
What does the term "obligation" refer to in the context of the Specific Relief Act, 1963?
Every duty enforceable by law
The Specific Relief Act, 1963 is applicable to the entire country of India.
The Specific Relief Act, 1963 is applicable to the entire country of India.
True
The Specific Relief Act, 1963 can be used to enforce individual civil rights and penal laws.
The Specific Relief Act, 1963 can be used to enforce individual civil rights and penal laws.
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What is the legal procedure for recovering specific immovable property, according to the Specific Relief Act, 1963?
What is the legal procedure for recovering specific immovable property, according to the Specific Relief Act, 1963?
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Who can sue to recover specific movable property according to the Specific Relief Act, 1963?
Who can sue to recover specific movable property according to the Specific Relief Act, 1963?
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When can an individual be compelled to deliver a specific movable property to another person? (Select all that apply).
When can an individual be compelled to deliver a specific movable property to another person? (Select all that apply).
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The Specific Relief Act,1963 allows for the defendant in a lawsuit to use any grounds available under contract law as defense.
The Specific Relief Act,1963 allows for the defendant in a lawsuit to use any grounds available under contract law as defense.
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The court will always enforce specific performance of a contract if requested by the party, subject to provisions in specific sections of the Specific Relief Act.
The court will always enforce specific performance of a contract if requested by the party, subject to provisions in specific sections of the Specific Relief Act.
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Specific performance of a contract can be enforced when the act agreed to be done is in the performance of a trust.
Specific performance of a contract can be enforced when the act agreed to be done is in the performance of a trust.
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A contract made by a trustee exceeding his authority or violating trust can be specifically enforced.
A contract made by a trustee exceeding his authority or violating trust can be specifically enforced.
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A court can enforce specific performance of a portion of the contract only if the portion not performed has negligible value.
A court can enforce specific performance of a portion of the contract only if the portion not performed has negligible value.
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Specific performance is always possible when a contract is broken but the part that can be performed is independent of the part that cannot be performed.
Specific performance is always possible when a contract is broken but the part that can be performed is independent of the part that cannot be performed.
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A purchaser or lessee has no rights against a person who has no title to the property or has an imperfect title to the immovable property.
A purchaser or lessee has no rights against a person who has no title to the property or has an imperfect title to the immovable property.
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What happens when a vendor or lessor is unable to perform the whole of his part of the contract, but the part that cannot be performed has a small value?
What happens when a vendor or lessor is unable to perform the whole of his part of the contract, but the part that cannot be performed has a small value?
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When a vendor or lessor sues for specific performance and the suit is dismissed due to his lack of title, what right does the defendant have? (Select all that apply)
When a vendor or lessor sues for specific performance and the suit is dismissed due to his lack of title, what right does the defendant have? (Select all that apply)
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When a party has obtained substituted performance of a contract under the provisions of Section 20, can they seek specific performance? (Select all that apply)
When a party has obtained substituted performance of a contract under the provisions of Section 20, can they seek specific performance? (Select all that apply)
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Under what circumstances can a court refuse to enforce specific performance of a contract? (Select all that apply)
Under what circumstances can a court refuse to enforce specific performance of a contract? (Select all that apply)
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A court has the power to engage an expert to provide assistance in a case where it deems such assistance necessary.
A court has the power to engage an expert to provide assistance in a case where it deems such assistance necessary.
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Who can seek specific performance of a contract? Please select all that apply.
Who can seek specific performance of a contract? Please select all that apply.
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A party's representative in interest has the right to claim specific performance of a contract even if the contract is dependent on the learning, skill, solvency, or any personal characteristic or quality of the original party.
A party's representative in interest has the right to claim specific performance of a contract even if the contract is dependent on the learning, skill, solvency, or any personal characteristic or quality of the original party.
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Specific performance can be sought for a party who can't fulfill their duties in a contract owing to insolvency, or if they violate a specific term or act against the contract.
Specific performance can be sought for a party who can't fulfill their duties in a contract owing to insolvency, or if they violate a specific term or act against the contract.
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Specific performance can be sought for a contract that is contingent upon someone's personal attributes that are not quantifiable or measurable.
Specific performance can be sought for a contract that is contingent upon someone's personal attributes that are not quantifiable or measurable.
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Specific performance can be sought for a contract where the party with the contract does not have the relevant title to the property and is aware of this lack of title.
Specific performance can be sought for a contract where the party with the contract does not have the relevant title to the property and is aware of this lack of title.
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Specific performance can be sought for a contract even if there are substantial changes in the circumstances since the contract was made.
Specific performance can be sought for a contract even if there are substantial changes in the circumstances since the contract was made.
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Specific performance can be sought when only a part of the contract is not severable from the rest of the contract, and the parties are seeking rescission of the contract.
Specific performance can be sought when only a part of the contract is not severable from the rest of the contract, and the parties are seeking rescission of the contract.
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Specific performance of a contract can be sought in a case where the court has already decreed specific performance for the contract.
Specific performance of a contract can be sought in a case where the court has already decreed specific performance for the contract.
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Specific performance of a contract can be sought in a case where the decree has already been made and the contract is for the sale or lease of the immovable property, and the party in default has not paid the ordered amount.
Specific performance of a contract can be sought in a case where the decree has already been made and the contract is for the sale or lease of the immovable property, and the party in default has not paid the ordered amount.
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If a party fails to fulfill their part of the contract by the time specified and has refused or failed to do so when asked in writing, the other party to the contract can fulfill the contract themselves and recover the costs.
If a party fails to fulfill their part of the contract by the time specified and has refused or failed to do so when asked in writing, the other party to the contract can fulfill the contract themselves and recover the costs.
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A court can provide relief to the plaintiff to prevent a multiplicity of legal proceeding.
A court can provide relief to the plaintiff to prevent a multiplicity of legal proceeding.
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A court cannot issue an injunction to restrain a person from launching a trial in a criminal matter.
A court cannot issue an injunction to restrain a person from launching a trial in a criminal matter.
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A court can issue an injunction to restrain a person from commencing a trial in a civil court of equal or higher jurisdiction.
A court can issue an injunction to restrain a person from commencing a trial in a civil court of equal or higher jurisdiction.
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What types of relief can courts provide under the Specific Relief Act, 1963? (Select all that apply)
What types of relief can courts provide under the Specific Relief Act, 1963? (Select all that apply)
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The court can issue an injunction to prevent a party form continuing to infringe on a person's rights if the infringement is a proven nuisance.
The court can issue an injunction to prevent a party form continuing to infringe on a person's rights if the infringement is a proven nuisance.
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The court can issue an injunction to prevent a person from continuing to infringe on a person's rights if the infringement is a proven nuisance, and the plaintiff is unaware of it.
The court can issue an injunction to prevent a person from continuing to infringe on a person's rights if the infringement is a proven nuisance, and the plaintiff is unaware of it.
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The court can issue an injunction to prevent a person from proceeding in a manner, even if it's a common practice, if the outcome of the case is detrimental to the plaintiff's rights.
The court can issue an injunction to prevent a person from proceeding in a manner, even if it's a common practice, if the outcome of the case is detrimental to the plaintiff's rights.
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The court can issue an injunction to prevent a person from proceeding in a manner even if it's a common practice, if the outcome of the case is detrimental to the plaintiff's rights, but the plaintiff has not provided any proof or evidence.
The court can issue an injunction to prevent a person from proceeding in a manner even if it's a common practice, if the outcome of the case is detrimental to the plaintiff's rights, but the plaintiff has not provided any proof or evidence.
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A court cannot impose an injunction against a party if they have a personal interest in the matter.
A court cannot impose an injunction against a party if they have a personal interest in the matter.
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A court can issue an injunction to prevent a party from breaking a contract, even if it cannot enforce the positive aspect of the contract.
A court can issue an injunction to prevent a party from breaking a contract, even if it cannot enforce the positive aspect of the contract.
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A court can issue an injunction to prevent a party from breaking a contract, even if it cannot enforce the positive aspect of the contract, as long as the plaintiff has not broken their part of the contract.
A court can issue an injunction to prevent a party from breaking a contract, even if it cannot enforce the positive aspect of the contract, as long as the plaintiff has not broken their part of the contract.
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A court can issue an injunction to prevent a party from breaking a contract, even if it cannot enforce the positive aspect of the contract, as long as the plaintiff has not broken their part of the contract, and the plaintiff has a personal interest.
A court can issue an injunction to prevent a party from breaking a contract, even if it cannot enforce the positive aspect of the contract, as long as the plaintiff has not broken their part of the contract, and the plaintiff has a personal interest.
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A court can issue an injunction to prevent a party from breaking a contract, even if it cannot enforce the positive aspect of the contract, as long as the plaintiff has not broken their part of the contract, and the plaintiff has a personal interest and the contract does not include any provision that allows the parties to not perform the agreement.
A court can issue an injunction to prevent a party from breaking a contract, even if it cannot enforce the positive aspect of the contract, as long as the plaintiff has not broken their part of the contract, and the plaintiff has a personal interest and the contract does not include any provision that allows the parties to not perform the agreement.
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What does the term "Infrastructure Project" relate to under the Specific Relief Act, 1963?
What does the term "Infrastructure Project" relate to under the Specific Relief Act, 1963?
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The Central Government can modify the list of "Infrastructure Projects" as outlined in the Schedule to the Specific Relief Act, 1963?
The Central Government can modify the list of "Infrastructure Projects" as outlined in the Schedule to the Specific Relief Act, 1963?
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The Specific Relief Act, 1963 outlines that the Central Government's modification of the "Infrastructure Projects" listed in the Schedule should be laid before each house of the Parliament for 30 days.
The Specific Relief Act, 1963 outlines that the Central Government's modification of the "Infrastructure Projects" listed in the Schedule should be laid before each house of the Parliament for 30 days.
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The Specific Relief Act, 1963 mandates the Central Government to appoint one or more Civil Courts as Special Courts to try cases related to infrastructure projects.
The Specific Relief Act, 1963 mandates the Central Government to appoint one or more Civil Courts as Special Courts to try cases related to infrastructure projects.
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The Specific Relief Act, 1963 mandates the Central Government to appoint one or more Civil Courts as Special Courts to try cases related to infrastructure projects, but these courts should not be appointed within the local limits of the area.
The Specific Relief Act, 1963 mandates the Central Government to appoint one or more Civil Courts as Special Courts to try cases related to infrastructure projects, but these courts should not be appointed within the local limits of the area.
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The Specific Relief Act, 1963 allows for a court to extend the timeframe for a lawsuit filed under the Act by six months.
The Specific Relief Act, 1963 allows for a court to extend the timeframe for a lawsuit filed under the Act by six months.
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The Specific Relief Act, 1963 allows for a court to extend the timeframe for a lawsuit filed under the Act by six months, in aggregate not exceeding six months.
The Specific Relief Act, 1963 allows for a court to extend the timeframe for a lawsuit filed under the Act by six months, in aggregate not exceeding six months.
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A plaintiff seeking specific performance of a contract can claim compensation for breach of the contract.
A plaintiff seeking specific performance of a contract can claim compensation for breach of the contract.
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A plaintiff seeking specific performance of a contract can also claim for compensation or seek an injunction to prevent that specific performance.
A plaintiff seeking specific performance of a contract can also claim for compensation or seek an injunction to prevent that specific performance.
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A plaintiff seeking specific performance of a contract can claim for compensation and seek an injunction to prevent that specific performance, after the dismissal of the suit for specific performance.
A plaintiff seeking specific performance of a contract can claim for compensation and seek an injunction to prevent that specific performance, after the dismissal of the suit for specific performance.
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A court can provide relief for damages or compensation for a party seeking specific performance of a contract, if they are seeking compensation for breach of contract.
A court can provide relief for damages or compensation for a party seeking specific performance of a contract, if they are seeking compensation for breach of contract.
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A court can provide relief for damages or compensation or seek an injunction to prevent that specific performance, or ask for possession or partition of the property for a party seeking specific performance of a contract.
A court can provide relief for damages or compensation or seek an injunction to prevent that specific performance, or ask for possession or partition of the property for a party seeking specific performance of a contract.
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A court can provide damages or compensation for a party seeking specific performance of a contract, when the contract has been breached.
A court can provide damages or compensation for a party seeking specific performance of a contract, when the contract has been breached.
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A court can provide damages or compensation for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested compensation.
A court can provide damages or compensation for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested compensation.
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A court can provide for damages or compensation or seek an injunction to prevent that specific performance, or ask for possession or partition of the property, for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested it.
A court can provide for damages or compensation or seek an injunction to prevent that specific performance, or ask for possession or partition of the property, for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested it.
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A court can provide for damages or compensation for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested it, but can ask the court to amend the pleading.
A court can provide for damages or compensation for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested it, but can ask the court to amend the pleading.
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A court can provide for damages or compensation for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested it, but can ask the court to amend the pleading, and the court can make such amendments on terms that are just.
A court can provide for damages or compensation for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested it, but can ask the court to amend the pleading, and the court can make such amendments on terms that are just.
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A party can sue for specific performance of a contract, even if the contract includes a predetermined amount that needs to be paid if the contract is breached.
A party can sue for specific performance of a contract, even if the contract includes a predetermined amount that needs to be paid if the contract is breached.
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A court will not award damages or compensation for a party seeking specific performance of a contract, even if the contract includes a predetermined amount that needs to be paid if the contract is breached.
A court will not award damages or compensation for a party seeking specific performance of a contract, even if the contract includes a predetermined amount that needs to be paid if the contract is breached.
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A court can provide for damages or compensation or seek an injunction to prevent that specific performance, or ask for possession or partition of the property, for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested it, but can ask the court to amend the pleading, and the court can make such amendments on terms that are just.
A court can provide for damages or compensation or seek an injunction to prevent that specific performance, or ask for possession or partition of the property, for a party seeking specific performance of a contract, when the contract has been breached, even if the plaintiff has not specifically requested it, but can ask the court to amend the pleading, and the court can make such amendments on terms that are just.
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Specific performance of a contract can be sought for a party who has already obtained specific performance of a contract.
Specific performance of a contract can be sought for a party who has already obtained specific performance of a contract.
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A court can seek specific performance of a contract that was entered into through misrepresentation or fraud of the parties and the contract does not fully reflect the agreement reached between the parties.
A court can seek specific performance of a contract that was entered into through misrepresentation or fraud of the parties and the contract does not fully reflect the agreement reached between the parties.
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A court cannot seek specific performance of a contract that was entered into through misrepresentation or fraud of the parties and the contract does not fully reflect the agreement reached between the parties, if the contract falls under the Companies Act, 1956.
A court cannot seek specific performance of a contract that was entered into through misrepresentation or fraud of the parties and the contract does not fully reflect the agreement reached between the parties, if the contract falls under the Companies Act, 1956.
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A court can seek specific performance of a contract that was entered into through misrepresentation or fraud of the parties and the contract does not fully reflect the agreement reached between the parties, if the contract falls under the Companies Act, 1956, but not if it falls under the Indian Registration Act, 1908.
A court can seek specific performance of a contract that was entered into through misrepresentation or fraud of the parties and the contract does not fully reflect the agreement reached between the parties, if the contract falls under the Companies Act, 1956, but not if it falls under the Indian Registration Act, 1908.
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A court can rectify a contract if it is not reflecting the exact intention of the parties, if the contract was entered into because of a mistake or misrepresentation.
A court can rectify a contract if it is not reflecting the exact intention of the parties, if the contract was entered into because of a mistake or misrepresentation.
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A court can rectify a contract in the lawsuit based on a contractual claim.
A court can rectify a contract in the lawsuit based on a contractual claim.
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A court can rectify a contract to include what was not originally mentioned by the parties to a contract if the court feels that the document does not reflect their intent.
A court can rectify a contract to include what was not originally mentioned by the parties to a contract if the court feels that the document does not reflect their intent.
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A court can rectify a contract to include what was not originally mentioned by the parties to a contract if the court feels that the document does not reflect their intent, but only if the parties include it as part of the pleading for rectification.
A court can rectify a contract to include what was not originally mentioned by the parties to a contract if the court feels that the document does not reflect their intent, but only if the parties include it as part of the pleading for rectification.
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A court can rectify a contract to include what was not originally mentioned by the parties to a contract if the court feels that the document does not reflect their intent, but only if the parties include it as part of the pleading for rectification, and if the change does not impact the original contract that has already been agreed upon by a third party.
A court can rectify a contract to include what was not originally mentioned by the parties to a contract if the court feels that the document does not reflect their intent, but only if the parties include it as part of the pleading for rectification, and if the change does not impact the original contract that has already been agreed upon by a third party.
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A court can rectify a contract to include what was not originally mentioned by the parties to a contract if the court feels that the document does not reflect their intent, but only if the parties include it as part of the pleading for rectification, and if the change does not impact the original contract that has already been agreed upon by a third party. And the court can go ahead and specifically enforce the contract, if the parties seek the request and the court deems it appropriate.
A court can rectify a contract to include what was not originally mentioned by the parties to a contract if the court feels that the document does not reflect their intent, but only if the parties include it as part of the pleading for rectification, and if the change does not impact the original contract that has already been agreed upon by a third party. And the court can go ahead and specifically enforce the contract, if the parties seek the request and the court deems it appropriate.
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Study Notes
The Specific Relief Act, 1963
- This act defines and amends the law regarding specific relief.
- It is applicable throughout India.
- The act came into force on a date set by the Central government.
Part I: Preliminary
- Short Title, Extent, and Commencement: The act is called the Specific Relief Act, 1963.
- Definitions: Key terms like "obligation," "settlement," and "trust" are defined within the act.
- Savings: Certain existing rights are preserved.
- Specific Relief: Relief is granted only for enforcing civil rights, not penal laws.
Part II: Specific Relief
-
Chapter I: Recovering Possession of Property:
- Covers the recovery of immovable property.
- Deals with suits by those dispossessed.
- Includes the recovery of movable property.
- Outlines liability for those in possession but not as owners.
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Chapter II: Specific Performance of Contracts:
- Describes defenses in contracts cases.
- Identifies contracts that can be specifically enforced.
- Includes cases where specific performance of contracts connected with trusts is enforceable.
- Specifies cases where part performance of a contract is enforceable.
- Covers the rights of purchasers or lessees against those with imperfect titles.
- Details contracts that cannot be specifically enforced.
- Includes power of the court to engage experts.
- Details persons for or against whom contracts can be specifically enforced.
- Covers when to grant specific performance.
- Explains personal bars to relief.
- Details the non-enforceability of contracts to sell or lease by those with no title, or imperfect title.
- Explains the granting of relief by the courts in such cases.
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Chapter III: Rectification of Instruments:
- Outlines when an instrument can be rectified.
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Chapter IV: Rescission of Contracts:
- Explains when rescission can be ordered.
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Chapter V: Cancellation of Instruments:
- Explains when cancellation may be ordered.
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Chapter VI: Declaratory Decrees:
- Explains the court's discretion in declaration of status or rights.
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Chapter VII: Injunctions Generally:
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Chapter VIII: Perpetual Injunctions:
- Explains when perpetual injunction is granted.
- Explains mandatory injunctions.
- Explains awarding damages in place of, or in addition to, an injunction.
- Explains when injunctions are refused.
- Covers injunctions to perform negative agreements.
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Special provisions for contract relating to infrastructure project:
- Explains when injunction is not granted in infrastructure project contracts.
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Special Courts:
- Explains the designation of special courts for infrastructure project contracts.
- Explains the quick disposal of cases.
- Explains compensation in breach of contract cases.
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Power to grant relief for possession, partition, etc:
- Explains granting of certain reliefs.
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Bar of suit for compensation:
- Explains when a suit for compensation is barred.
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Application to awards and testamentary directions:
- Explains how the Act's provisions apply to specific cases.
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Specific performance of a contract involving a trust:
- Explains that the court can enforce the performance of such contracts.
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Specific performance of part of a contract:
- Explains when a court can enforce only a portion of a contract.
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Rights of purchaser or lessee against person with no title:
- Explains when the purchaser can take action against the seller.
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Contracts not specifically enforceable:
- Discusses situations where a court won't enforce contract specific performance.
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Who may obtain specific performance:
- Explains who have rights to specific performance.
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Personal bars to relief:
- Explains when the ability to seek specific performance may be limited.
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Contract to sell or lease by one who has no title:
- Explains that contracts made by those not having titles will not be enforced.
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Specific performance in relation to contracts connected with trusts:
- Explains contracts for trust related transactions.
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Non-enforcement except with variation:
- Explains when contracts may not be specifically enforced.
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Relief against parties and persons claiming by a subsequent title:
- Explains relief against those who have come into contact with a property after its original transaction.
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Substituted performance of contract:
- Explains when a court may allow substituted performance.
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Declaratory decrees:
- Explains the courts discretion in issuing declaratory decrees.
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Discretion of court as to declaration of status or right:
- Explains some constraints to issuing declaratory decrees.
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Preventive relief:
- Explains injunctions that could be temporary, or perpetual.
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Temporary and perpetual injunctions:
- Defines these.
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Perpetual injunctions when granted:
- Explains situations when permanent injunctions are issued.
- Covers mandatory injunctions.
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Damages in lieu of, or in addition to, injunction.
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Injunction when refused:
- Explains specific situations where there may be a refusal to grant an injunction.
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Chapter concerned with Cancellation of Instruments:
- Describes when and how instruments might be cancelled.
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Chapter concerned with Rectification of Instruments:
- Explains when and how instruments might be rectified.
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Additional details in Schedule: Provides details of infrastructural projects.
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Explore the key elements of the Specific Relief Act, 1963, which governs the law of specific relief in India. This quiz covers preliminary definitions, provisions for recovering property, and the performance of contracts. Test your understanding of this essential legal framework and its applications.
