Discuss with reference to the law in the specific relief act 1877. The proviso to section 42 of the specific relief act, 1877 contemplates that no court shall make any declaration where the plaintiff, being able to seek furt. The specific relief act no 1 of 1877 written by india, published by anonim which was released on 28 february 1895. Section 8 partitionpossession, recovery ofproofland in question was jointly owned by both the parties and plaintiffs sought recovery of possession on the basis of partition of land between themjudgment and decree passed by trial court was set aside by lower appellate court and the suit was decreed in favour of plaintiffsvalidityplaintiffs. And it shall come into force on the first day of april, 1870.
Click get books and find your favorite books in the online library. Suits for declaration and permanent injunction law. Review is allowed of any such specific relief act, 1877 dependant orders or decree in section 9. Pdf the indian contract act act ix of 1872 and the. It is issued in terms of decree after proper hearing of the case and satisfaction of the court. Notwithstanding anything contained in section 56 of the contract act, a contract is not wholly impossible of performance because a portion of its subjectmatter, existing at its date, has ceased to exist at the time of the performance. Specific relief granted under clause c of section 5 is called preventive relief.
Specific relief act, 1963 pdf download 2019 writinglaw. Specific relief act 1877 free download and software. This act may be called the specific relief act, 1877. I of 1877 is most used and applied act in court of common law based country as like. Enrolment examination syllabus bangladesh bar council. Download the specific relief act no 1 of 1877 book pdf. Repeal repealed by the repealing and amending act, 1974 56 of 1974 an act to define and amend the law relating to certain kinds of specific relief be it enacted by parliament in the fourteenth year of the republic of india as follows. Jan 21, 2021 specific relief act,1877 is a law that provides specific remedies to specific liabilities and to specific situations like a specific performance of a contract, recovery of property or position, declaration of title or office, injunction, eviction etc. Specific relief act, 1877 section 12 24 the lawyers. Pdf an indispensable analogy of specific performance under.
The law of specific relief as administered in pakistan is primarily contained in the specific relief act, 1877. Specific relief act 1877 in bangla easy study youtube. Be it enacted by parliament in the fourteenth year of the republic of india as follow. Section 27 deals with relief against parties and persons claiming under than by subsequent title. Thursday, june 25, 2015 sra 255 presentation of cancellation of instruments 10 11. The indian contract act act ix of 1872 and the specific relief act act i of 1877. The current legal framework the specific relief act 1877 india act, 1877 1 may 1877 part i preliminary 12. Download the specific relief act no 1 of 1877 books now. Download specific relief act 1877 for android to we are proud to announce that pakistans first specific relief act 1877 app is now available on play store absolutely free. And it shall come into force on the first day of may, 1877. As per section 7, of the specific relief act, specific relief can not be granted for the. The inhabitatns of neighbouring village claims a right of way across the land. It takes me a lot of time and energy to create these pdfs. A may sue for a declaration that they are not entitled to right so claimed.
This act may be called the specific relief act, 1963. Oct 25, 2018 download the specific relief act 1877 apk 3. Pdf this paper explained about the section 18 and 25 of the specific relief act, 1877 find, read and cite all the. An act to define and amend the law relating to certain kinds of specific relief. Specific relief act, 1877 898 visitors reached this page 2121 visitors downloaded pdf file. If there is an express divergence, the act will be strictly add here to whatever may be the english law on point.
It aims fulfillment of an obligation and obtaining of the thing for which a person is entitled under a contract and of which he. The act was originally drafted upon the lines of the draft, new york civil code, 1862, and its main provisions embodied the doctrines evolved by the english equity courts. This is the english version of the specific relief act or sr act act no. Both section 18 and section 25 of the specific relief. Suit under section 9 ff the specific relief act, 1877 the. The specific relief act was passed in 1877, and has history of the legisla since been amended by acts 4 of 1882, 12 of 1891. Specific relief act 1877 in bangla easy study is a law learning tutorial for you from which you can learn law very easily. In this act, unless there be something repugnant in the subject or context, obligation includes every duty enforceable by law.
Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. The specific relief act, 1963 is an act of the parliament of india which provides remedies for persons whose civil or contractual rights have been violated. Pdf the indian contract act act ix of 1872 and the specific. According to section 9 of the specific relief act, 1877 plaintiff specific relief act, 1877 plaintiff must give advalorem court fees. In this act unless there be something repugnant in the subject or context. Specific relief act 1877 mcqs for preparation pakmcqs. Pdf an indispensable analogy of specific performance. The specific relief act, 1877 is based on the rules and practice of english law. The sections of this act, both as to substantive law and practice should be interpreted in the light of the principles recognized by the english courts. Specific relief act, 1877 section 12 24 the lawyers and. Download full the indian contract act act ix of 1872 and the specific relief act act i of 1877 book or read online anytime anywhere, available in pdf, epub and kindle. However, in case of a claim for movable property, the suit may be filed under section 10 of specific relief act, 1877.
Here we will elaborately discuss these matters with reallife application, tips and tricks as well as relevant laws and case laws. Pdf what is preventive relief and under what circumstances will. The following kinds of remedies may be granted by a court under the provisions of the specific relief act. The specific relief act, 1877 was introduced to ensure justice, equity an. Analysing the law of specific relief courting the law. Download the specific relief act no 1 of 1877 book pdf epub. Liquidation of damages is a bar to specific performance. A mature legal system goes a step further and endeavours to. The court fees act, 1870 act vii of 1870 c o n t e n t s.
The pakistan law portal is a freely available public web site indexing all the laws of pakistan since 1834. Mcqs of specific relief act 1877 solved page 6 of 8. Specific relief act 1i of 1877 7th february, 1877 an act to define and amend the law relating to certain kinds of specific relief preamble. Suit under section 9 ff the specific relief act, 1877. Cases in which specific performance of contracts connected with trusts enforceable. It was promulgated on the 7 th of february, 1877 in britishindia, prior to partition in 1947. The specific relief acl contemplates the possibility in certain circumstances, one of which is that the unperformed part of a contract in fact admits of compensation in money, that a decree may be made awarding compensation in money for the deficiency while granting specific. Jun 25, 2015 suit for possession in a suit where the plaintiffs real object is to obtain a declaration under section 42 of specific relief act. Permanent or perpetual injunction is regulated by section 51 of specific relief act, 1877.
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