Specific Relief (Amendment) Act, 2018

Introduction

The Central Government has recently notified and published the Specific Relief (Amendment) Act, 2018 ("SRA 2018") in the Official Gazette on August 01, 2018 vide which certain existing enforceability conditions have been removed and certain new concepts have been introduced in the Specific Relief Act, 1963 ("SRA 1963"). The amendments are made pursuant to the recommendations of an Expert Committee to keep pace with the growing Indian economy, the need to uphold the sanctity of an executed contract and for promoting and facilitating 'Ease of Doing Business' in India.

Key Features of SRA 2018

• Mandatory Specific performance of the Contracts: Grant of relief of specific performance was exercised at the discretion of the court under the SRA 1963 in certain special circumstances including where there existed no standard for ascertaining actual damage caused by the non-performance of the contract, or where compensation in money for its non-performance