Law of Specific Relief

Author: Justice PS Narayana

Year: 2022

This Book "Law of Specific Relief" is being released as 11th Edition in a very short time. The Specific Relief Act of 1877 was drafted mainly basing upon the New York Civil Code of 1862 and the principles incorporated in the said Act are based upon the principles laid down by the English Equity Courts. The Specific Relief Act, 1877 is based on the rules and practice of the English law in relation to the Doctrine of Specific Performance and the Sections of the Act both as to substantive law and practice should be interpreted in the light of the principles recognized by the English Courts. If there is any express divergence, then the Act will be strictly adhered to what ever be the English law. Subsequent to the passing of the Specific Relief Act in the year 1877 basing on the principles of English law, even prior to the passing of Act No. 47 of 1963, the prior Act was amended by Act 4 of 1882, Act 12 of 1891, Act 9 of 1899, Act 21 of 1929, Act 10 of 1940 and also Act 3 of 1951. The present Act was passed on the basis of the report of the Law Commission which was submitted to the Government of India in the year 1958 where in number of recommendations were made for the purpose of improving the different provisions of the Specific Relief Act, 1877. (Ninth Report of Law Commission of India). Thus the bill introduced on the basis of the recommendations of the Law Commission of India, was given assent by the President on 13th December, 1963.