Category: Specific Relief

Downloads

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Legislation

  • The Specific Relief Act 1963 before Amendment of 2018.
  • The Specific Relief (Amendment) Act 2018.
  • The Specific Relief Act 1963 as amended by Amendment of 2018.
  • The Specific Relief Act 1963 as amended in 2018 with changes in B and W.
  • The Specific Relief Act 1963 as amended in 2018 with changes in Colour.

My Articles

  • Exceptional Nature of Specific Peformance in the Indian law.
  • The Specific Relief (Amendment) Act 2018: A Hurried Legislation.

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The Specific Relief (Amendment) Act 2018 : A Hurried Legislation

The Specific Relief (Amendment) Act 2018 has been passed by both Houses of Parliament after a brief discussion, but without debate. Like many other laws passed for enhancing business capabilities, this Amendment likely to be yet another instance of ‘legislate in haste, amend at leisure’.

The amending Act, it has been stated in both Houses of Parliament, has an objective to prevent errant contractors from breaking their contracts and hampering infrastructure projects. The ultimate aim of the Act is to enhance the standing of India in the ‘ease of doing business’ ranking. The discussion in the Houses centred around infrastructure contracts only. The entire discussion in both Houses has overlooked the fact that the same amendment, and the Specific Relief Act as amended, is not restricted to business contracts, but applies to the common man and his personal contracts.

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the Specific Relief Act 1963 as amended in 2018
the Specific Relief Act 1963 as amended showing all changes.

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Summary of the Specific Relief (Amendment) Act 2018

The Specific Relief (Amendment) Act 2018 changes the features of contract remedies. The important provisions relating to contract remedies are as follows:

  • Specific Performance is a general remedy.
  • The list of contracts not specifically enforceable has changed.
  • Specific performance by or against limited liability partnership
  • Readiness and willingness need be proved
  • Personal bar to relief after substituted performance
  • Court’s discretion removed
  • New remedy of substituted performance
  • No compensation in substitution of specific performance.
  • No injunction to restrain progress of infrastructure projects
  • Other provisions.

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the Specific Relief Act 1963 (as amended in 2018)(SRA 1963)
the Specific Relief Act 1963 as amended showing all changes.

Specific performance is no longer an exceptional remedy.

Specific performance is now a general remedy in Indian law. It is no longer exceptional, or discretionary. Read more.

Click here to read my article: Exceptional Nature of Specific Performance.

The Specific Relief Act: 1963, 2018

The Specific Relief Act 1963 has been amended in 2018. The amendment makes far-reaching changes in the law. Click here to read and download the Acts.