Wednesday, 5 April 2017

Pallavi Gupta

SPECIAL RELIEF ACT, 1963

lawji-specific-relief

INTRODUCTION
The term 'relief' means the remedy granted for some wrong or injury.
There are two types of remedies :
Remedy by which the aggrieved party obtains the same thing to which he is entitled. 
Remedy by which the aggrieved party does not obtain the very thing to which he is entitled but compensation for the loss.
The first remedy is the "Specific Relief', while the second remedy is the "Compensatory Relief'. Thus, specific relief is a relief in specie which aims at the "exact" fulfillment of an obligation. It is also known as equitable relief.
The concept of specific relief is governed by various provisions of Specific Relief Act, 1963.
PRINCIPLES UPON WHICH SPECIFIC RELIEF IS GRANTED
Following are the principles upon which remedy of specific relief is granted :
1.  Damages is not an adequate remedy : Where damages in money are not an adequate remedy or relief, the court grants the remedy of specific relief.
2.  Discretion of the Court : An aggrieved party can always apply for the specific relief but whether specific relief will be granted or not it depends upon the discretion of the court. But this discretion of the court is not arbitrary, depending upon the will and pleasure of the court. It has to be exercised on sound and established principles of equity.
3.  Specific relief granted only for enforcing individual and civil rights and not for enforcing Penal laws : Specific relief can be granted only for the purpose of enforcing individual civil rights. Thus, enforcement of Penal law is not possible, except where enforcement of a Penal law is merely incidental to the grant of specific relief.
For example, A threatens B to publish a libel against him. B obtains the injunction order of the Court against A to protect his own rights. However in the course of protecting B's rights, penal law has also incidentally been enforced because as per Indian Penal Code, libel is also a crime.
RECOVERY OF POSSESSION OF PROPERTY
The Specific Relief Act, 1963 lays down the law in this regard under the following two heads :
1.      Recovery of immovable property; and
2.      Recovery of movable property.