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ARTICLE · 26 APRIL 2018

The Specific Relief (Amendment) Bill, 2017

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The Specific Relief Act 1963 (Act) sets out the remedies available to parties whose contractual or civil rights have been violated.

IndiaCorporate/Commercial Law
Pranav Sampat
Pranav Sampat
Yash Chokshi
Yash Chokshi
Tanvi Goenka
Tanvi Goenka
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Introduction

The Specific Relief Act 1963 (Act) sets out the remedies available to parties whose contractual or civil rights have been violated. The Act sets out two main remedies to a party whose contract has not been performed: (i) the party may ask the court to compel performance of the contract (specific performance); or (ii) the party may seek monetary compensation instead of performance.

Amendment

The Specific Relief (Amendment) Bill, 2017 (Bill) was introduced by the Minister of Law and Justice Mr Ravi Shankar Prasad on 22 December 2017 and was passed by the Lok Sabha on 15 March 2018.

The Bill seeks to reduce the wide discretionary powers of the courts in granting specific performance of contracts. It seeks to make specific performance a general rule rather than an exception, subject to certain limited grounds.

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