1. INTRODUCTION
The Specific Relief (Amendment) Act, 2018 (the
"Amendment Act")1 amending
the provisions of the Specific Relief Act, 1963 (the
"Act")2 came into force on
August 1, 2018. The Amendment Act aims at improving India's
global ranking on the enforceability of contracts and the
ease of doing business indices.
Broadly, the Amendment Act seeks to address the issue of delay
in relation to the enforceability of contracts. It further seeks to
provide additional remedies to parties whose contractual rights
have been violated.
2. KEY FEATURES OF THE AMENDMENT ACT
Some of the key features of the Amendment Act are highlighted
below.
2.1 Specific performance will be a general rule rather than a
limited right