Specific Relief Act, 1963 cover

Specific Relief Act, 1963

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Instructor: Irfan Sir

Language: English and Hindi

Validity Period: 90 days

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Judicial Adda is one of the India’s leading online platform which facilitates online coaching classes for judicial services competitive examination like Additional District Session Judge Examination, Civil Judge Junior Division PCS (J), Assistant Prosecution Officer Exams APO, Assistant District Attorney ADA, Judicial Magistrate, Special Public Prosecutor for CBI, and Law Officer for various states i.e. Madhya Pradesh (MP PCS-J), Uttar Pradesh (UP PCS-J), Delhi (DJS), Himachal Pradesh (HPJ), Rajasthan (RJS), Tamil Nadu, Jharkhand, Haryana (HJS), Jammu & Kashmir, West Bengal, Punjab, Bihar (BJS), Uttarakhand, Karnataka, Chhattisgarh, Gujarat, Mizoram, Odisha, Nagaland etc.

Here, before joining the live classes, you may have demo lectures on various subjects like Indian Constitution, Evidence Act, Contract Act, Transfer of Property Act, IPC, CrPC etc.

 

Under this course, following topic shall be covered.

PART I
PRELIMINARY
SECTIONS


1. Short title, extent and commencement.
2. Definitions.
3. Savings.
4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal
laws.

PART II
SPECIFIC RELIEF
CHAPTER I

RECOVERING POSSESSION OF PROPERTY

5. Recovery of specific immovable property.
6. Suit by person dispossessed of immovable property.
7. Recovery of specific movable property.
8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate
possession.

CHAPTER II
SPECIFIC PERFORMANCE OF CONTRACTS

 

9. Defences respecting suits for relief based on contract.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

10. Specific performance in respect of contracts.
11. Cases in which specific performance of contracts connected with trusts enforceable.
12. Specific performance of part of contract.
13. Rights of purchaser or lessee against person with no title or imperfect title.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

14. Contracts not specifically enforceable.
14A. Power of court to engage experts.

PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED
 

15. Who may obtain specific performance.
16. Personal bars to relief.
17. Contract to sell or let property by one who has no title, not specifically enforceable.
18. Non-enforcement except with variation.
19. Relief against parties and persons claiming under them by subsequent title.

Substituted performance of contracts, etc.

SECTIONS

20. Substituted performance of contract.
20A. Special provisions for contract relating to infrastructure project.
20B. Special Courts.
20C. Expeditious disposal of suits.
21. Power to award compensation in certain cases.
22. Power to grant relief for possession, partition, refund of earnest money, etc.
23. Liquidation of damages not a bar to specific performance.
24. Bar of suit for compensation for breach after dismissal of suit for specific performance.

ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS

25. Application of preceding sections to certain awards and testamentary directions to execute
settlements.

CHAPTER III
RECTIFICATION OF INSTRUMENTS

 

26. When instrument may be rectified.

CHAPTER IV
RESCISSION OF CONTRACTS

27. When rescission may be adjudged or refused.
28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the
specific performance of which has been decreed.
29. Alternative prayer for rescission in suit for specific performance.
30. Court may require parties rescinding to do equity.
 

CHAPTER V
CANCELLATION OF INSTRUMENTS

 

31. When cancellation may be ordered.
32. What instruments may be partially cancelled.
33. Power to require benefit to be restored or compensation to be made when instrument is cancelled
or is successfully resisted as being void or voidable.
 

CHAPTER VI
DECLARATORY DECREES

 

34. Discretion of court as to declaration of status or right.
35. Effect of declaration.
 

PART III
PREVENTIVE RELIEF
CHAPTER VII

INJUNCTIONS GENERALLY

36. Preventive relief how granted.

SECTIONS
37. Temporary and perpetual injunctions.
 

CHAPTER VIII
PERPETUAL INJUNCTIONS

 

38. Perpetual injunction when granted.
39. Mandatory injunctions.
40. Damages in lieu of, or in addition to, injunction.
41. Injunction when refused.
42. Injunction to perform negative agreement.

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