FAQs - Specific Relief Act

Q1. What kinds of remedies are available in Specific Relief Act? Ans - The following kinds of remedies are available in Specific Relief Act: 1. Compensatory Relief: As per the provisions of section 21 of the act, the honorable court awards damages for the breach of the obligations as per the signed contracts. 2. Specific Relief: As per the provisions of section 20 of the act, the honorable court directs to perform the obligations as decided in contract. Back To Top

Q2. What is the importance of the Act? Ans - Section 4 of the Act states that Specific relief is granted for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. Q3. What are the two kinds of remedy available in Specific Relief Act? Ans - The two kinds under Section 21 and Section 20 respectively are: 1. Compensatory - awards damages for the breach of the obligation 2. Specific - directs the party in default to do or forbear from doing the very thing, which he is bound to do or forbear from doing. Back To Top

Q4. Can all the contracts be enforced as per the provisions set out in the Act? Ans - No, not all the contracts are specifically enforceable.

Q5. Which are the cases in which specific performance of contract is enforceable? Ans - Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the court, be enforceda. when there exists no standard for ascertaining actual damage caused by the nonperformance of the act agreed to be done; or b. when the act agreed to be done is such that compensation in money for its nonperformance would not afford adequate relief Back To Top

Q6. Can all the contracts be enforced as per provisions set out in the Act? Ans - No, not all the contracts are specifically enforceable. Q7. Which cases of contracts are not specifically enforceable? Ans A contract for non-performance of which compensation in money is an adequate relief. A contract that runs into such minute details which is so dependent on the personal qualification or violation of the parties or otherwise its nature is such that the court cannot enforce specific performance of its material terms. A contract which is by its nature terminable. A contract, whose performance involves a continuous duty, which the Court cannot supervise. Back To Top

Q8. Which are the cases where specific performance of contract is enforceable? Ans - The specific performance of any contract may, in the discretion of the court, be enforced: When there exists no standard for ascertaining actual damage caused by the nonperformance of the act agreed to be done; or When the act agreed to be done is such that compensation in money for its nonperformance would not afford adequate relief. Q9. What is Injunction? Ans - Injunction is a measure for preventive relief. As per the provisions of the Act, the parties are ordered to perform the obligations as per the contract. There are 4 types of conjunctions, namely: Temporary: These are continued until a specific time or till any further order from the court. Perpetual: Granted by decree made at hearing of both the parties. Permanent Mandatory: A party may be required to perform a certain act to prevent further breach of an obligation.

Q10. What are the components of a "Notice"? Ans - A "Notice" must state: Name, description and place of residence of the plaintiff. Cause of action for the suit. Relief. Q11. What kind of relief can be sought by a person suing for the specific performance of a contract?

Ans - Notwithstanding anything to the contrary contained in the Code of Civil Procedure, 1908, any person suing for the specific performance of a contract for the transfer of immovable property may, in an appropriate case, ask forpossession, or partition and separate possession of the property, in addition to such performance; or any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or 3[made by] him, in case his claim for specific performance is refused.