The Legislative Department in the Ministry of Law & Justice has constituted an expert committee to review the Specific Relief Act, 1963.
- The Specific Relief Act, 1963 provides for the law relating to certain kind of specific relief.
Why review is needed?
- The decision has been taken in view of tremendous developments that have taken place after 1963 and also in the context of present scenario involving contract based infrastructure development, public private partnerships and other public projects involving huge investments and enforceability of the contracts thereof.
- The review of the Act will also ensure ease of doing business.
- The Specific Relief Act has not been amended since its inception.
Specific Relief Act, 1963
- The Specific Relief Act, 1963 was came into force on 1st March 1964. The Parliament enacted the Act by repealing the Specific Relief Act, 1877.
- The Act is based on the principle of equity and is used for granting specific relief for enforcing civil rights.
- It has no application in enforcing penal laws.
- From the preamble of the Act, it is clear that the Act was not an exhaustive one. It only deals with certain kinds of specific reliefs and there are other reliefs about which the Act was silent and are used by the courts.
- The Act is a procedural law and provides a network of reliefs.
- The plaintiff, under the Act gets his relief in specific. The reliefs contained in the Act include,
- Recovery of Possession of Property,
- Specific Performance of Contracts,
- Rectification of Instruments,
- Rescission of Contracts,
- Cancellation of Instruments,
- Declarative Relief, and
- Preventive Reliefs ( Injunctions).