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TypeBare Act JurisdictionCentral Government

Specific Relief Act, 1963 Section 33

POWER TO REQUIRE BENEFIT TO BE RESTORED OR COMPENSATION TO BE MADE WHEN INSTRUMENT IS CANCELLED OR IS SUCCESSFULLY

~1 min read
https://sooperkanoon.com/act/464870

Bare act section · Research

About this section

Specific Relief Act, 1963 Section 33 is part of Specific Relief Act, 1963 - POWER TO REQUIRE BENEFIT TO BE RESTORED OR COMPENSATION TO BE MADE WHEN INSTRUMENT IS CANCELLED OR IS SUCCESSFULLY. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

1) On adjudging the cancellation of an instrument, the court may require the party to whom such relief is granted, to restore, so far as may be any benefit which he may have received from the other party and to make any compensation to him which justice may require.

(2) Where a defendant successfully resists any suit on the ground-

(a) that the instrument sought to be enforced against him in the suit is voidable, the court may if the defendant has received any benefit under the instrument from the other party, require him to restore, so far as may be, such benefit to that party or to make compensation for it;

(b) that the agreement sought to be enforced against him in the suit is void by reason of his not having been competent to contract under section 11 of the Indian Contract Act, 1872 (9 of 1872)-, the court may, if the defendant has received any benefit under the agreement from the other party, require him to restore, so far as may be, such benefit to that party, to the extent to which he or his estate has benefited thereby

Frequently asked questions

What does Specific Relief Act, 1963 Section 33 provide?

Section Section 33 of the Specific Relief Act, 1963 (POWER TO REQUIRE BENEFIT TO BE RESTORED OR COMPENSATION TO BE MADE WHEN INSTRUMENT IS CANCELLED OR IS SUCCESSFULLY) is reproduced on this page as part of the Specific Relief Act, 1963. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Specific Relief Act, 1963 Section 33?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Specific Relief Act, 1963 Section 33. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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