Specific Relief Act, 1963
Specific Relief Act of 1963 provides the law of specific relief in India in certain situation and cases. Specific relief Act is not the complete law of relief in India. There are other kinds of relief available in other acts as well like
• Transfer of Property Act provides the specific remedies and relief which are available to a mortgagor or mortgage.
• Indian Partnership Act 1932 provides the specific remedies available to partners which are like dissolution and accounts as between partners.
Contracts which can be specifically enforced
As per section 10 of the act specific relief can be provided for contracts in following situations.
• When the damages can not be ascertained
• In case damages can be calculated they do not provide adequate relief.
Contracts which cannot be specifically enforced
As per section 14 of the act following contracts cannot be specifically enforced.
• Contracts which are personal in nature
• Contracts that run into minute details that court cannot supervise.
• Contracts which are entered by a company in excess to objects provided in MOA.
• Contracts entered by a Trustee in excess to power provided by Trust.
Court’s power to award damages in certain case
• Section 21 of the Specific Relief Act empowers the Court to award compensation in form of damages in following cases.
• Plaintiff may claim for damages along with specific performance of a contract.
• In case court decides that specific performance ought not to be granted then the court may grant damages.
• Court may award damages along with specific performance
RESCISSION OF CONTRACTS
Section 27 of the Act deals with Rescission of a contract. A contract is said to be voidable when consent of one of the party was not free, or the other party has declared its incapability or unwillingness to perform the contract. Such contract can be rescinded or avoided on the discretion of the party not at fault. Rescinding such voidable contract does not bars the plaintiff to claim for damages.
For a company secretary it is important to understand and to be well aware of the various specific relief available in various situations. Due to this reason ICSI has introduce this topic in CS executive exam. Students must keep it in mind that there negative marking of .25 for every wrong answers, hence it is important for them to practice these online mock test for CS executive exam.
These online Mock tests and online Multiple Choice Questions (MCQ) cover all the important concepts and questions from Chapter Specific Relief Act, 1963 for exam Industrial Labour and General Law for CS Executive OMR based exam.