What is Section 12 of the specific relief?

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Section 12 of the Specific Relief Act (governing civil law in jurisdictions like India) deals with the specific performance of a part of a contract. Generally, courts will not force a party to perform only a portion of their agreement, but Section 12 outlines key exceptions.

What is Section 12 of the Specific Relief Act in simple words?

Short Summary: Section 12 of the Specific Relief Act, 1963, deals with cases where specific performance of a contract can be enforced. It outlines the circumstances under which a court may direct a party to a contract to perform their obligations as agreed, rather than simply awarding damages for breach of contract.

What is Section 12 of the Specific Relief Act 1877?

Sec-12: Contract which may be specifically enforceable:

The specific performance of any contract may in discretion of the Court be enforced. (i) Where the contract includes a trust. (ii) Where there is no criterion for determining compensation. (iii) Where monetary compensation is inadequate.

How do you recover possession of property under the Specific Relief Act?

6 of the Specific Relief Act, a person dispossessed may recover possession merely by proving previous possession and subsequent wrongful dispossession. He need not prove a better title against the occupier/ trespasser, and he will not be allowed to show his title by ownership, contract, prescription or inheritance.

What is the meaning of Specific Relief Act?

The Specific Relief Act, 1963: The act provides the legal framework for granting specific relief in civil cases. In other words, Specific relief refers to a legal remedy provided by courts to enforce a specific obligation or obtain a specific performance from a party in a civil dispute.

Sec 12 of Specific Relief Act, 1877 I Contract Which are Specifically Enforceable

24 related questions found

What are the 4 types of damages?

Damages include the following types: compensatory, nominal, liquidated, and consequential.

What are the different types of specific relief?

Briefly, there are four types of civil relief available if your rights have been violated:

  • Financial damages. Money damages are available for the loss of property rights and for violations of civil rights. ...
  • Restitution. ...
  • Equitable relief. ...
  • Declaratory remedy.

Why was the Specific Relief Act created?

In 1877, the Specific Relief act was enacted and put into force. This was amended in 1963. Whereas the contract act deals with contractual obligations, the specific relief act aims at providing for various legal remedies for violation of the contractual obligations.

What does recover possession of property mean?

What is recovering possession of your property? Recovering possession of your property involves legally regaining control of your belongings that have been taken or withheld from you. This can be done through a court order or negotiation with the person in possession.

What is the limitation for recovery of possession?

There is a limitation period of 12 years for suit relating to possession of immovable property and 1 year for suits arising out of torts.

What is specific relief under the Specific Relief Act 1877?

The Specific Relief Act 1877 is a significant piece of legislation governing equitable remedies in civil law within Bangladesh. Rooted in principles of fairness and justice, this Act primarily provides remedies to enforce contracts and protect property rights where monetary compensation alone is insufficient.

What is the difference between duress and coercion?

In coercion even third party can perform the act but in duress only the party to contract should perform the act. In Duress, it is only applied for person and cannot detain property. Also coercion can be seen as the practice of putting someone under duress (i.e almost like stress.)

Which contracts Cannot be specifically enforced under the Specific Relief Act?

(1)The following contracts cannot be specifically enforced, namely:— (a)a contract for the non-performance of which compensation in money is an adequate relief; (b)a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise ...

What do you mean by obligation under the Specific Relief Act?

Obligation As per section 2 of Specific Relief act, obligation includes every duty enforceable by law. An obligation, in the legal perspective, refers to a responsibility, especially a binding one, which the law requires one person to meet regarding another.

What is the most famous breach of contract case?

The most famous “breach of contract” case is the “Pepsi Points Case.” Pepsi launched a humorous commercial offering to redeem 7,000,000 Pepsi points for an AV-8 Harrier II jump jet.

What is a declaration in the Specific Relief Act?

The declaratory relief under Section 34 of the Specific Relief Act, 1963 is in the nature of equitable relief for granting of an already existing right which has been denied by the other party. It does not seek anything to be paid or performed additionally by the defendant.

What is Section 12 of the Specific relief Act?

Specific performance of part of contract. — (1)Except as otherwise hereinafter provided in this section the court shall not direct the specific performance of a part of a contract.

What are two common civil remedies?

Civil Law Remedies

  • Wrongful Dismissal.
  • Tort of Harassment.

What are the 7 types of pleadings?

There are various types of pleadings we are mentioning, some of them below:

  • Complaint. The beginning of the lawsuit is when the plaintiff files a complaint against the defendant. ...
  • Answer. ...
  • Counterclaim. ...
  • Cross-claim. ...
  • Entering a Plea. ...
  • Amended Pleadings.

What should I not say during settlement?

The failure to give the other party the expected amount of consideration and deference can make them unwilling to work with you. It may also make the mediator reluctant to work with you. Never say anything that gives the impression that you do not care about the opposing party's position or interests in the lawsuit.

What are the two types of damages that can be awarded?

The sum of money included in the damages can be compensatory damages that are calculated based on the harmed party's actual loses, or punitive damages intended to punish the wrongdoer.

What are the three forms of damage?

There are three types of damage that form the foundation of most civil lawsuits: compensatory, nominal, and punitive. An attorney can estimate how much your claim may be worth based on your damages.

What personal property cannot be seized?

Most protect typical household goods, health aids, clothing, and a motor vehicle up to a certain value. Federal law protects Social Security and disability benefits from debt collectors (with or without a judgment). Exemptions also limit the amount of money that a judgment creditor can take under a wage garnishment.

Can you refuse to be evicted?

If you do not want to leave the property, your landlord needs to get a possession order. They must get this from court at the end of the notice period. If your landlord or a member of their family lives with you, special rules may apply. In this case the landlord may not need to go to court to evict you.

What are the three types of possession?

The main types of possession are actual, constructive, and joint possession. Each type of possession involves different levels and forms of control, knowledge, and use of an asset.