SPECIFIC RELIEF ACT, 1963 - Lawyer Adda

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 particular, in other words, a person (defendant) shall
have to perform the promised agreement.

Example:-

‘A’ promised ‘B’ to deliver certain goods, later on, ‘B’ fails to deliver
exact goods. If ‘B’ sues ‘A’ under specific relief Act, then court may
order ‘A’ to deliver exactly those goods which was promised earlier.

Why specific relief provided/Logic behind granting specific relief?

1. When it would be extremely difficult to ascertain actual damage
caused by its loss.

2. When compensation in money would not afford the plaintiff
adequate relief for loss of thing claimed.

Important Points to be remembered.

The remedies administered by civil courts against any wrong or
injury fall broadly into two classes: –

1. Those by which the suitor obtains the very thing to which he is
entitled.

2. Those by which he obtains not that very thing, but compensation
for the loss of it.

The object of the specific relief Act is confined to that class of
remedies which a suitor seeks to obtain, and a court of justice seeks to
give him the very relief to which he entitled.

The law of specific relief seeks to implement the idea of Bentham
who said “The law ought to assure me everything which is mine,
without forcing me accept equivalents, although I have no particular
objections to them.’’

Specific relief only for enforcing civil rights
&
not for enforcing penal law

 

 

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