PPT: The Specific Relief Act 1963 | Civil Law for Judiciary Exams PDF Download

 Page 1


Introduction to 
Specific Relief
Page 2


Introduction to 
Specific Relief
Meaning and Nature of 
Specific Relief
Meaning
A remedy tailored to restore 
parties to the position if the 
contract had been fulfilled. 
May involve enforcing 
obligations or preventing 
wrongful acts.
Nature
An equitable remedy based 
on fairness and justice. 
Courts exercise discretion 
based on contract nature, 
parties' conduct, and 
enforceability.
Specific Performance
Court mandates performance of specific acts stipulated by 
contract or legal obligation.
Page 3


Introduction to 
Specific Relief
Meaning and Nature of 
Specific Relief
Meaning
A remedy tailored to restore 
parties to the position if the 
contract had been fulfilled. 
May involve enforcing 
obligations or preventing 
wrongful acts.
Nature
An equitable remedy based 
on fairness and justice. 
Courts exercise discretion 
based on contract nature, 
parties' conduct, and 
enforceability.
Specific Performance
Court mandates performance of specific acts stipulated by 
contract or legal obligation.
Scope of Specific Relief
Contracts
Compels defaulting party to fulfill contractual obligations in 
breach cases.
Property Disputes
Addresses ownership or possession disputes, directing 
property-related actions.
Trusts and Trustees
Enforces trustee duties and obligations in trust-related cases.
Tortious Acts
Seeks injunctions to prevent wrongful actions by individuals in 
tort cases.
Page 4


Introduction to 
Specific Relief
Meaning and Nature of 
Specific Relief
Meaning
A remedy tailored to restore 
parties to the position if the 
contract had been fulfilled. 
May involve enforcing 
obligations or preventing 
wrongful acts.
Nature
An equitable remedy based 
on fairness and justice. 
Courts exercise discretion 
based on contract nature, 
parties' conduct, and 
enforceability.
Specific Performance
Court mandates performance of specific acts stipulated by 
contract or legal obligation.
Scope of Specific Relief
Contracts
Compels defaulting party to fulfill contractual obligations in 
breach cases.
Property Disputes
Addresses ownership or possession disputes, directing 
property-related actions.
Trusts and Trustees
Enforces trustee duties and obligations in trust-related cases.
Tortious Acts
Seeks injunctions to prevent wrongful actions by individuals in 
tort cases.
Limitations of Specific Relief
Adequacy of Damages
Specific relief 
unnecessary if monetary 
damages suffice for the 
harmed party.
Personal Services
Courts typically do not 
enforce specific 
performance of personal 
services.
Continuous 
Supervision
Relief needing constant 
oversight may be 
impractical for courts to 
enforce.
Court Discretion
Court can refuse specific 
relief if deemed 
unsuitable or unjust in a 
specific case.
Page 5


Introduction to 
Specific Relief
Meaning and Nature of 
Specific Relief
Meaning
A remedy tailored to restore 
parties to the position if the 
contract had been fulfilled. 
May involve enforcing 
obligations or preventing 
wrongful acts.
Nature
An equitable remedy based 
on fairness and justice. 
Courts exercise discretion 
based on contract nature, 
parties' conduct, and 
enforceability.
Specific Performance
Court mandates performance of specific acts stipulated by 
contract or legal obligation.
Scope of Specific Relief
Contracts
Compels defaulting party to fulfill contractual obligations in 
breach cases.
Property Disputes
Addresses ownership or possession disputes, directing 
property-related actions.
Trusts and Trustees
Enforces trustee duties and obligations in trust-related cases.
Tortious Acts
Seeks injunctions to prevent wrongful actions by individuals in 
tort cases.
Limitations of Specific Relief
Adequacy of Damages
Specific relief 
unnecessary if monetary 
damages suffice for the 
harmed party.
Personal Services
Courts typically do not 
enforce specific 
performance of personal 
services.
Continuous 
Supervision
Relief needing constant 
oversight may be 
impractical for courts to 
enforce.
Court Discretion
Court can refuse specific 
relief if deemed 
unsuitable or unjust in a 
specific case.
Recovering Possession of 
Property
Section 5
Right to recover possession 
of specific immovable 
property when wrongfully 
kept out.
Section 6
Suits by individuals 
dispossessed of immovable 
property without consent.
Section 7
Actual possession essential 
in claims for recovery of 
immovable property.
Section 8
Allows specific restitution of 
immovable property to 
rightful owner.