What is Section 26 of the Specific Relief Act?
Asked by: Jalyn Funk | Last update: May 6, 2026Score: 4.2/5 (13 votes)
Section 26 of India's Specific Relief Act, 1963, allows courts to rectify (correct) written contracts or instruments when fraud or mutual mistake prevents them from expressing the parties' true intentions, enabling correction to reflect the actual agreement and potential specific enforcement of the corrected document, safeguarding rights of good-faith third parties.
What is Section 26 of the Specific Relief Act, 1963?
Section 26 of the Specific Relief Act, 1963 addresses the rectification of contracts or other written instruments in cases where the expressed terms do not reflect the real intention of the parties due to fraud or mutual mistake.
What is Section 26 of the Contract Act?
26. Every agreement in restrain of the marriage of any person, other than a minor, is void.
What is Section 26 of the Negotiable instrument Act?
26. Every person capable of contracting, according to the law to which he is subject, may bind himself and be bound by the making, drawing, acceptance, indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque.
What is Section 27 of the Specific Relief Act?
(1)Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:— (a)where the contract is voidable or terminable by the plaintiff; (b)where the contract is unlawful for causes not apparent on its face and the defendant is more ...
SEC 26 OF SPECIFIC RELIEF ACT, 1877 I No Enforcement Except with Variation
What is Section 29 of the Specific Relief Act?
A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded ...
What is section 37 of the Specific Relief Act?
Grant of Preventive Relief: Preventive relief, in the form of injunctions, either temporary or perpetual, can be granted at the discretion of the court. 37. Temporary and Perpetual Injunctions: Temporary injunctions are granted for a specific period or until further orders from the court.
Can 138 notice be sent after 30 days?
It says that the notice (1) must be given by the payee or the holder in due course; (2) must be in writing; (3) must be given within thirty days of receipt of information of dishonour and (4) must make a demand for payment of the amount of the cheque dishonoured.
What is Section 26 of the Crimes Act?
solicits, encourages, persuades, or endeavours to persuade, or proposes to, any person to commit any such murder, shall be liable to imprisonment for 25 years.
What is Section 26 of the Contract Act 1950?
Refer to Section 26 of Contract Act 1950 states that agreement without consideration is void. Consideration is something value to either promise or promisor that is usually cash or property which is will be exchange between the promise and the promisor as the performance.
What is the code of civil procedure 26?
Section 26 of India's Code of Civil Procedure (CPC) deals with the institution of suits, mandating that every suit must begin with the presentation of a formal complaint called a plaint, or in another prescribed manner, requiring facts to be supported by an affidavit as specified in Order VI, Rule 15A. This foundational section establishes the standard procedure for starting legal action, ensuring proper documentation and evidence (affidavit) accompanies the initial filing for a lawsuit to proceed.
What is Section 26 Explaination 2?
Explanation 2 of Section 26 of the Contracts Act 1950 states: "An agreement to which the consent of the promisor is freely given is not void merely because the consideration is inadequate..." Based on the above, consideration must be sufficient but need not to be adequate.
Is agreement a restraint of marriage?
—every agreement in restraint of the marriage of any person, other than a minor, is void.” This means that if there is an agreement between two persons for restraining any one of them from marrying, such an agreement is void and not enforceable in the courts of India.
Who can claim specific relief?
Ans. Section 6 of Specific Relief Act provides as under : (1) If any person is dispossessed without his consent, of immovable property, otherwise than in due course of law, he or any person claiming through him may, by suit recover possession thereof, notwithstanding any other that may be set up in such suit.
What is the order 26 of the Civil Procedure rules?
Security for costs is provided for under Order 26 of the Civil Procedure Rules which provides that the court may, if it deems fit, order a plaintiff to give security for payment of all costs incurred by any defendant.
What are the grounds for a void contract?
Lack of capacity: If a party to the contract cannot understand the contract, such as a minor or person under the influence of alcohol, the contract may be void. Lack of assent: Contracts must have a genuine agreement. If a contract is formed under duress or threats, undue influence, or fraud, it's generally void.
What is the act of indecency without consent?
(1) A person who commits an act of indecency on, or in the presence of, another person without the consent of that person and who is reckless as to whether that other person consents to the committing of the act of indecency is guilty of an offence punishable, on conviction, by imprisonment for 7 years.
What is Section 26 of the criminal Justice Act 2001?
—(1) A person who uses an instrument which is, and which he or she knows or believes to be, a false instrument, with the intention of inducing another person to accept it as genuine and, by reason of so accepting it, to do some act, or to make some omission, or to provide some service, to the prejudice of that person ...
How are crime rates calculated?
A crime rate is calculated by dividing the number of reported crimes by the total population. The result is then multiplied by 100,000. For example, in 2014 there were 48,650 robberies in California and the population was 38,499,378. This equals a robbery crime rate of 126.4 per 100,000.
Can I settle a cheque bounce case out of court?
Yes, it is possible to settle a cheque bounce case out of court through negotiation or mediation. In many cases, the parties involved may reach an agreement where the drawer agrees to pay the amount due, often along with interest or a settlement fee. If both parties agree to this, they can withdraw the case.
Can notices be sent by email?
The judge concluded that, as the notice may be sent by post, it can be inferred that a hard copy was required. He also noted that it was a requirement of the notice that it must be signed and that, therefore, any notice sent by email could not be an 'original'. It could only ever be a copy.
What happens after a Section 138 conviction?
Section 138 of the NI Act criminalizes the dishonor of cheques due to insufficient funds, prescribing imprisonment up to two years, fine up to twice the cheque amount, or both. Q2. Can offences under Section 138 be settled out of court? Yes.
What is section 34 of the Specific Relief Act?
Section 34 provides for "a suit against any person denying or interested to deny the plaintiffs' title to the legal character or right to any property".
What is Section 31 of the Specific Relief Act?
Section 31 of the Specific Relief Act, 1963 refers to both void and voidable documents. Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue.
When can an injunction be granted under the Specific Relief Act?
(2)A perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit; the defendant is thereby perpetually enjoined from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff.