Bare Act Search Results

Specific Relief Act 1963 Section 7

Title: Recovery of Specific Movable Property

State: Central

Year: 1963

A person entitled to the Possession ofspecific movable property may recover it in the manner provided by the Code ofCivil Procedure, 1908. Explanation1.--A trustee may sue under this section for the possession of movable propertyto the beneficial interest in which the person for whom he is trustee isentitled. Explanation2.--A special or temporary right to the present possession of movable propertyis sufficient to support a suit under this section.

Specific Relief Act 1963 Part II

Title: Specific Relief

State: Central

Year: 1963

.....the performance of which involves the performance of a continuous duty which the court cannot supervise. (2) Save as provided by the Arbitration Act, 1940, no contract to refer present of future differences to arbitration shall be specifically enforced; but if any person who has made such a contract (other than arbitration agreement to which the provisions of the said Act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit. (3) Notwithstanding anything contained in clause (a) or clause (c) or clause (d) of sub-section (1), the court may enforce specific performance in the following cases:-- (a) where the suit is for the enforcement of a contract,-- (i) to execute a mortgage or furnish any other security for securing the repayment of any loan which the borrower is not willing to repay at once: Provided that where only a part of the loan has been advanced the vender is willing to advance the remaining part of the loan in terms of the contract; or (ii) to take up and pay for any debentures of a company; (b) where the suit is for,-- (i) the execution of a formal deed.....

Specific Relief Act 1963 Chapter I

Title: Recovering Possession of Property

State: Central

Year: 1963

.....isentitled. Explanation2.--A special or temporary right to the present possession of movable propertyis sufficient to support a suit under this section. Section 8 - Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession Any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession, in any of the following cases.-- (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession in the thing claimed has been wrongfully transferred from the plaintiff. Explanation.--Unless and until the contrary is proved, the court shall, in respect of any article of movable property claimed under clause (b) or clause (c) of this section, presume-- (a) that compensation in money would not afford the plaintiff adequate relief.....

Specific Relief Act 1963 Complete Act

Title: Specific Relief Act 1963

State: Central

Year: 1963

.....not as owner, to deliver to persons entitled to immediate possession Chapter II Section9 - Defences respecting suits for relief based on contract Section10 - Cases in which specific performance of contract enforceable Section11 - Cases in which specific performance of contracts connected with trusts enforceable Section12 - Specific performance of part of contract Section13 - Rights of purchaser or lessee against person with no title or imperfect title Section14 - Contracts not specifically enforceable Section15 - Who may obtain specific performance Section16 - Personal bars to relief Section17 - Contract to sell or let property by one who has no title, not specifically enforceable Section18 - Non-enforcement except with variation Section19 - Relief against parties and persons claiming under them by subsequent title Section20 - Discretion as to decreeing specific performance Section21 - Power to award compensation in certain cases Section22 - Power to grant relief for possession, partition, refund of earnest money, etc Section23 - Liquidation of damages not a bar to specific performance Section24 - Bar of suit for compensation for breach after dismissal of.....

Specific Relief Act 1963 Section 5

Title: Recovery of Specific Immovable Property

State: Central

Year: 1963

A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure,1908.

Specific Relief Act, 1963 Complete Act

State: Central

Year: 1963

.....includes every person holding property in trust; (e) all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872)-, have the meanings respectively assigned to them in that Act. SECTION 03: SAVINGS Except as otherwise provided herein, nothing in this Act shall be deemed- (a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (b) to affect the operation of the Indian Registration Act, 1908 ( 16 of 1908)-, on documents.1967 SECTION 04: SPECIFIC RELIEF TO BE GRANTED ONLY FOR ENFORCING INDIVIDUAL CIVIL RIGHTS AND NOT FOR ENFORCING PENAL LAWS Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. PART 02: SPECIFIC RELIEF CHAPTER 1 RECOVERING POSSESSION OF PROPERTY SECTION 05: RECOVERY OF SPECIFIC IMMOVABLE PROPERTY A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908)- SECTION 06: SUIT BY PERSONS DISPOSSESSED OF IMMOVABLE PROPERTY (1) If any person is dispossessed.....

Specific Relief Act 1963 Chapter II

Title: Specific Performance of Contracts

State: Central

Year: 1963

.....the performance of which involves the performance of a continuous duty which the court cannot supervise. (2) Save as provided by the Arbitration Act, 1940, no contract to refer present of future differences to arbitration shall be specifically enforced; but if any person who has made such a contract (other than arbitration agreement to which the provisions of the said Act apply) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such contract shall bar the suit. (3) Notwithstanding anything contained in clause (a) or clause (c) or clause (d) of sub-section (1), the court may enforce specific performance in the following cases:-- (a) where the suit is for the enforcement of a contract,-- (i) to execute a mortgage or furnish any other security for securing the repayment of any loan which the borrower is not willing to repay at once: Provided that where only a part of the loan has been advanced the vender is willing to advance the remaining part of the loan in terms of the contract; or (ii) to take up and pay for any debentures of a company; (b) where the suit is for,-- (i) the execution of a formal deed.....

Code of Civil Procedure, 1908 Rule 74 to 81

Title: Sale of Movable Property

State: Central

Year: 1908

.....as an execution or endorsement by the party. (2) Such execution or endorsement may be in the following form, namely :-- A.B. by C.D. Judge of the Court of (or as the case may be), in a suit by E.F. against A.B. (3) Until the transfer of such negotiable instrument or share, the Court may, by order, appoint some person to receive any interest or dividend due thereon and to sign a receipt for the same ; and any receipt so signed shall be as valid and effectual for all purposes as if the same had been signed by the party himself. 81. Vesting order in case of other property In the case of any movable property not hereinbefore provided for, the Court may make an order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly.

Specific Relief Act 1963 Section 17

Title: Contract to Sell or Let Property by One Who Has No Title, Not Specifically Enforceable

State: Central

Year: 1963

(1) A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor-- (a) who, knowing himself not to have any title to the property, has contracted to sell or let the property; (b) who, though he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt. (2) The provisions of sub-section (1) shall also apply as far as may be, to contracts for the sale or hire of movable property.

Specific Relief Act 1963 Section 10

Title: Cases in Which Specific Performance of Contract Enforceable

State: Central

Year: 1963

Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the court, be enforced-- (a) when there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done; or (b) when the act agreed to be done in such that compensation in money for its non-performance would not afford adequate relief. Explanation.--Unless and until the contrary is proved, the court shall presume (i) that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and (ii) that the breach of a contract to transfer movable property can be so relieved except in the following cases:-- (a) where the property is not an ordinary article of commerce, or is of special value or interest to the plaintiff, or consists of goods which are not easily obtainable in the market; (b) where the property is held by the defendant as the agent or trustee of the plaintiff.