Q.what do you understand by relief under specific relief act which relief can be given?
Q. what do you know by the term specifi relief also discuss the different modes for granting such relief
Q. what are the essentials of a suit under specific Relief act? Explain in details.
In a jurisprudence civil justice consists in the enforcement of rights and that a person any of whose rights are infringed can go to a court of law for a relief and seek a remedy if he has one. but the remedies which have been administered by civil courts of justice against any wrong or injury fall broadly into two clauses:
-The remedies by which he obtains compensation or damages for the loss suffered by him.
-The remedy by which the suitors obtains the very thing to which he is entitled.
The former is called compensatory relief and the latter is called specific relief.
The word specific means particular and
The relief means ending or removal of pain. In legal parlance it means the remedy granted by the court.
Thus Specific relief is a relief in specie or a remedy which aims at the exact fulfilment of an obligation and the complete enforcement of rights. You cannot compel court for your rights but you have to show your locus standi, fulcrum of scales of justice in your favor then is will be on the discretion of court either granting of relief or to deny.
The specific relief act, 1877 has been enacted to define and amend the law relating to certain kinds of specific relief. It refers only to specific relief obtained in civil courts but it does not provide for relief obtainable in revenue or criminal courts. The specific relief act embodies the essence of adjective law (procedural law). The remedy by way of specific relief does more exact and complete justice as the defaulting part is compelled to do or omit the very acts which he has undertaken to do or omit.
It is only in the executory contract that court may grant a positive relief or negative relief. Positive, when a claim to the performance of it is made, negative when it is desired to prevent the doing of a thing enjoined or undertaken as not to be done.
Sections 3 of specific relief act 1877 defines meaning of words listed below:
Obligation , includes every duty enforceable by law.
Law, includes every species of express, implied, or constructive fiduciary ownership;
Trustee, includes every person holding, expressly, by implication, or constructively, a fiduciary character.
MODES / KINDS OF RELIEF UNDER THE ACT:
The two more important remedies under this Act are by way of the:
1. Specific performance: specific performance of contract is defines as ordering a party to do the very act which he is under an obligation to do. It is where you compel the other party to perform his part of contract and if party didn’t do it, it will be non-compliance and is taken as breach
2. Injunction: an injunction is may be a prohibitory order, it is an order made by the court forbidding/preventing a person from doing a certain act. e.g To stop someone from selling a property
a. Interlocutory injunction-also called temporary injunction is granted to preserve the property in dispute until the hearing or until a specified time.
b. Perpetual injunction: it is granted by a decree of the court made after hearing the parties.
c. Mandatory injunction: Mandatory injunction is an injunction which orders a party or requires them to do an affirmative act or mandates a specified course of conduct.
d. Prohibitory injuction: it is granted to prevent the breach of an obligation existing in favor of the applicant.
Other sort of relief are too included in the Act such as,
3. Declaratory order: It is an declared by court whether to correct documentation or to declare the legal heir of property. For e.g any person entitled to any legal character or any right as to property, may institute a suit against any person denying or interested to deny, his tile to such character or right and the court may in its discretion make a declaration that he is to be entitled.
4. Rectification: The rectification consists in bringing the document into conformity with this prior agreement, and without such agreement, there can be no rectification.
5. Rescission: an order to restore the parties to the position they were in before completion of the contract or agreement (the status quo ante). A court will adjudge rescission when a contract is voidable or terminable by plaintiff.
6. Cancellation: Any person against whom a written instrument is void or voidable and who has reasonable apprehension that such instrument if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable; and the court may in its discretion so adjusged void or voidable and the court may in its discretion so adjudge it and order it to be delivered up and cancelled.
7. Possession of property: it is granted by taking possession of certain property and delivering to its claimant i.e recovery of possession of property.
8. Appointment of receivership: when it appears to the court that it is necessary for the preservation or better custody of property which is the subject matter of the suit, the court will in its discretion appoint a receiver. A receiver is an indifferent person between the parties who is a custodian for time being.
All of these remedies are discretionary remedy. The act covers the cases of obligation both contractual as well as paramount.
