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SCOPE OF An Overview of Law Relating to Specific Relief, Limitation and Evidence ACT

SCOPE OF An Overview of Law Relating to Specific Relief, Limitation and Evidence ACT :

The Specific Relief Act, 1963 is not exhaustive. It does not consolidate the whole law on the subject. As the Preamble would indicate, it is an Act ”to define and amend the law relating to certain kinds of specific relief”. It does not purport to lay down the law relating to specific relief in all its ramifications (AIR 1972 SC 1826)

There are other kinds of specific remedy provided for by other enactments e.g. the Transfer of Property Act deals with the specific remedies available to a mortgagor or mortgagee; the Partnership Act deals with the specific remedies like dissolution and accounts as between partners.

Under the Specific Relief Act, 1963, remedies have been divided as specific relief (Sections 5-35) and preventive relief (Sections 36-42). These are :

(i) Recovering possession of property (Sections 5-8);

(ii) Specific performance of contracts (Sections 9-25);

(iii) Rectification of Instruments (Section 26);

(iv) Rescission of contracts (Sections 27-30);

(v) Cancellation of Instruments (Section 31-33);

(vi) Declaratory decrees (Sections 34-35); and

(vii) Injunctions (Sections 36-42).

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