#specific relief

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Preamble of the Specific Relief Act, 1963

Preamble of the Specific Relief Act, 1963

The preamble to the Specific Relief Act, 1963 says that: An Act to define and amend the law relating to certain kinds of specific relief. COMMENTS Though Specific Relief Act widens the spheres of the civil court its preamble shows that the Act is not exhaustive of all kinds of specific reliefs. It is well to remember that the Act is not restricted to specific performance of contracts as the…

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The Specific Relief Act, 1963

The Specific Relief Act, 1963

The Specific Relief Act, 1963 (47 of 1963) [13th December 1963] An Act to define and amend the law relating to certain kind s of specific relief.

Be it enacted by Parliament in the Fourteenth Year of the Republic of India as follows: –

Short title, extent and commencement

Definitions

Savings

Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws

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Personal Service can't be enforced under Specific Relief Act

Personal Service can’t be enforced under Specific Relief Act

The Kerala High Court on Wednesday in R. Nitya Vs. Dhanlaxmi Bankjudgment dated 1st July, 2015 held that “there is a clear distinction between public employment governed by statutory rules and private employment governed purely through contractual obligations. In the case of a private employment governed through contractual obligations, the only relief that can be availed of by the employee is…

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Interlocutory Mandatory Injunctions

The power of the Court to pass mandatory order has been considered by Calcutta High Court in Soumyendra Roy Choudhury v. Uco Bank & Ors. reported at 2014 (1) ILR 512.

In the said judgment after considering the case laws held that in an appropriate case, the Court can pass a mandatory order at the interlocutory stage.

The mandatory injunctions are generally granted in case of wrongful…

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Mandatory Order at Interlocutory Stage

Mandatory Order at Interlocutory Stage

The power of the Court to pass mandatory order has been considered by Calcutta High Court in Soumyendra Roy Choudhury v. Uco Bank & Ors. reported at 2014 (1) ILR 512.

In the said judgment after considering the case laws held that in an appropriate case, the Court can pass a mandatory order at the interlocutory stage.

The mandatory injunctions are generally granted in case of wrongful…

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In one sense a small quantity of timber on land is more indispensable to its enjoyment than a large quantity.

Pardee v. Camden Lumber Co.

70 W. Va. 68

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The very thing which makes an injury “irreparable” is the fact that no remedy exists to repair it.

Bannercraft Clothing Co., Inc. v. Renegotiation Bd.

466 F.2d 345