Uncategorized Archives - Lawyer Adda

Uncategorized Archive

PREVENTIVE RELIEF OR INJUNCTIONS (sections 36 to 44)

A preventive relief (injunction) is an order or command of the court preventing a party from doing something which he is under a legal duty not to do. Example: – If ‘A’ has reasonable apprehension that ‘B’

Specific performance of contracts [Section 9 to 25]

                                                                         

Rescission of contracts [Section 27-30]

Explanations:- The termination of contract may be allowed by court when the contract is voidable by plaintiff or the contract is unlawful for causes not apparent on its face. What is voidable contract? According to section 2(i)

Declaratory decree [section 34 & 35]

Declaratory decree means declaration from a court to effect any legal character or any right as to any property so that there is no adverse attack which could weaken that legal character or title. Explanations:- Whenever any

Cancellation of instruments [Section 31, 32 & 33]

Explanations:- Any voidable or void instruments, if not get cancelled by court then a person may face serious injury. In order to avoid unnecessary obligation, a person can cause the instrument to be cancelled by court. Cancellation

Rectification of Instruments [section 26]

When an instrument may be rectified? When an instrument does not express the real intention of the parties. It may be due to fraud or mutual mistake of the parties. A contract or other instruments in writing.

Special Relief Act is read under following Heads

1. Recovering possession of property [Section 5 to 8] 2. Specific performance of contracts [Section 9 to 25] 3. Rectification of instrument [Section 26] 4. Rescission of contracts [Section 27 to 30] 5. Cancellation of instruments [Section

SPECIFIC RELIEF ACT, 1963

Why it is called specific relief Act? I. Relief provided under this Act is specific kind rather than the general relief of damage or compensation. II. Exact fulfillment of an obligation is ensured. III. An exact or