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ARTICLE · 24 SEPTEMBER 2019

Amendments To Specific Relief Act, 1963 – Key Highlights

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The Amendment Act has narrowed the list of grounds on the basis of which specific performance can now be refused.

IndiaLaw Department Performance

The Specific Relief (Amendment) Act, 2018 ("Amendment Act"), effective from October 1, 2018, introduced significant amendments to the Specific Relief Act, 1963 ("1963 Act"), with the intended objective of providing a higher level of certainty when it comes to enforcement of contracts in India. In this article, we have discussed some of the key amendments brought about by the Amendment Act.

Courts no longer have discretion in granting specific relief

Under the 1963 Act, the courts had the discretion to grant specific relief, and as a result, this relief was granted only in exceptional circumstances. Pursuant to the Amendment Act, Section 10 now states that specific performance of a contract shall be enforced by the court, subject to the limited grounds of refusal prescribed. This is a marked departure from the earlier principle where specific relief was the exception and not the norm. With this amendment, granting of specific relief has now been made the norm and

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