User talk:News-gk

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Specific Relief Act

Chapter Sections covered Classification
Part I Sections 1 to 4 PRELIMINARY
  • Short title, extent and commencement.
  • Definitions
  • Savings.
  • Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal

laws.

Chapter I Sections 5 to 8 RECOVERING POSSESSION OF PROPERTY
  • Recovery of specific immovable property.
  • Suit by person dispossessed of immovable property.
  • Recovery of specific movable property.
  • Liability of person in possession, not as owner, to deliver to persons entitled to immediate

possession.

Chapter II Sections 9 to 25 SPECIFIC PERFORMANCE OF CONTRACTS
  • Defences respecting suits for relief based on contract.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

  • Specific performance in respect of contracts.
  • Cases in which specific performance of contracts connected with trusts enforceable.
  • Specific performance of part of contract.
  • Rights of purchaser or lessee against person with no title or imperfect title.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

  • Contracts not specifically enforceable.
  • Power of court to engage experts.

PERSONS FOR OR AGAINST WHOM CONTRACTS MAY BE SPECIFICALLY ENFORCED

  • Who may obtain specific performance.
  • Personal bars to relief.
  • Contract to sell or let property by one who has no title, not specifically enforceable.
  • Non-enforcement except with variation.
  • Relief against parties and persons claiming under them by subsequent title.
  • Substituted performance of contract.
  • Special provisions for contract relating to infrastructure project.
  • Special Courts.
  • Expeditious disposal of suits.
  • Power to award compensation in certain cases.
  • Power to grant relief for possession, partition, refund of earnest money, etc.
  • Liquidation of damages not a bar to specific performance.
  • Bar of suit for compensation for breach after dismissal of suit for specific performance.

ENFORCEMENT OF AWARDS AND DIRECTIONS TO EXECUTE SETTLEMENTS

  • Application of preceding sections to certain awards and testamentary directions to execute

settlements.

Chapter III Sections 26 RECTIFICATION OF INSTRUMENTS
  • When instrument may be rectified.
Chapter IV Sections 27 to 30 RESCISSION OF CONTRACTS
  • When rescission may be adjudged or refused.
  • Rescission in certain circumstances of contracts for the sale or lease of immovable property, the

specific performance of which has been decreed.

  • Alternative prayer for rescission in suit for specific performance.
  • Court may require parties rescinding to do equity.
Chapter V Sections 31 to 33 CANCELLATION OF INSTRUMENTS
  • When cancellation may be ordered.
  • What instruments may be partially cancelled.
  • Power to require benefit to be restored or compensation to be made when instrument is cancelled

or is successfully resisted as being void or voidable.

Chapter VI Sections 34 to 35 DECLARATORY DECREES
  • Discretion of court as to declaration of status or right.
  • Effect of declaration.
Chapter VII Sections 36 to 37 INJUNCTIONS GENERALLY
  • Preventive relief how granted.
  • Temporary and perpetual injunctions
Chapter VIII Sections 38 to 44 PERPETUAL INJUNCTIONS
  • Perpetual injunction when granted.
  • Mandatory injunctions.
  • Damages in lieu of, or in addition to, injunction.
  • Injunction when refused.
  • Injunction to perform negative agreement.
  • Amendment of Act 10 of 1940
  • Repeal

October 2020

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Please be advised that if you have a commercial relationship with the website mpgk, your account may be blocked.ChunnuBhai (talk) 09:12, 26 October 2020 (UTC)[reply]

Stop icon
You have been blocked indefinitely from editing for advertising or promotion. From your contributions, this seems to be your only purpose.
If you think there are good reasons for being unblocked, please read the guide to appealing blocks, then add the following text below the block notice on your talk page: {{unblock|reason=Your reason here ~~~~}}.  GeneralNotability (talk) 15:59, 26 October 2020 (UTC)[reply]

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