What is Section 39 of the Specific Relief Act?
Asked by: Cora Haag | Last update: May 9, 2026Score: 4.6/5 (55 votes)
Section 39 of the Specific Relief Act varies by jurisdiction, but generally refers to either Mandatory Injunctions under India's 1963 Act, compelling specific actions to prevent breach, or the Cancellation of Instruments under the older 1877 Act (like in Bangladesh), allowing courts to void documents causing serious injury if left outstanding.
What does Section 39 of the Specific Relief Act deal with?
39. Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or viodable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
What is the meaning of Section 39?
Section 39. ''Voluntarily''. Previous Next. A person is said to cause an effect "voluntarily" when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Illustration.
Who can apply under order 39 CPC?
The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or ...
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.
SEC 39-41 OF SPECIFIC RELIEF ACT, 1877 I Cancellation of Instruments
What is the purpose of the 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.
What are the 5 special contracts?
In India, five major categories of special contracts are recognized under the Indian Contract Act, 1872: indemnity, guarantee, bailment, pledge, and agency.
What is the purpose of Order 39 CPC?
Order 39 of the Code of Civil Procedure provides the procedure for seeking and granting temporary injunctions in civil cases in India. Temporary injunctions aim to maintain the status quo and prevent irreparable harm until the final resolution of the case.
What grounds do you need for an injunction?
An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.
What is rule 39 of the CPC?
Order 39 Rule 1 of the CPC empowers courts to grant temporary injunctions in the following circumstances: 1. Property in Dispute: Where any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree.
How serious is a section 39?
Section 39 of the Criminal Justice Act 1988
Although this rarely results in a custodial sentence, it does appear on your criminal record and repeat offenders of a violent nature could find themselves facing imprisonment. A conviction of Common Assault can result in imprisonment for up to 6 months.
How is section 39 enforced?
The enforcement power granted by Section 39 can be a useful means to effect corrective action in institutions that have significant operational problems. The FDIC may request an institution to submit a compliance plan that describes the steps the institution will take to correct identified deficiencies.
Is a mandatory injunction granted under the Specific Relief Act?
Mandatory injunctions. — When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
When can an injunction be refused?
The court considers the specific facts and circumstances of each case before making a decision. Example: If the court finds that the applicant has not approached the court with clean hands (e.g., if there is evidence of misconduct or dishonesty), it may refuse to grant the injunction.
How much of a statement can be proved?
37 & S. 38 How much of statement to be proved. When any statement of which evidence is given forms part of a conversation, document, electronic record, book or series of letters or paper is to be proved. Previous judgments, order or decree are relevant to bar a second suit or trial.
What is the landmark Judgement on Specific Relief Act?
The Supreme Court of India held that when one party fails to perform its specific contractual obligations, the question of time being "of the essence" does not arise. A party cannot claim that time was of the essence in a contract when its own reciprocal obligations were not fulfilled.
What do you need to prove to get an injunction?
To get an injunction, you need to provide detailed evidence showing you face imminent harm or ongoing abuse, including specific dates, locations, and descriptions of incidents like violence, threats, stalking, or property damage, supported by items such as photos, texts, emails, voicemails, police reports, and witness testimony, all presented in a sworn petition and at a hearing. You'll need the respondent's information and must prove your case meets specific legal criteria, often requiring at least two incidents for repeat violence or a clear relationship for dating/domestic violence.
How powerful is an injunction?
An injunction is extremely powerful, acting as a court order compelling someone to do or stop doing specific actions, offering a crucial remedy when money damages aren't enough, especially to prevent irreparable harm like property damage, trademark infringement, or domestic abuse, with severe penalties (fines, jail) for violations, making it a highly effective but cautiously issued tool.
What are common reasons for injunctions?
Have You Been Harmed by Any of the Following Actions?
- Breach of contract.
- Release of confidential information.
- Violation of non-compete agreement.
- Client privacy violations.
- Shareholder or partner dispute.
- Management malpractice.
- Trademark violation.
What are the three types of injunctions?
The three main types of injunctions, categorized by duration and stage in a lawsuit, are Temporary Restraining Orders (TROs) for immediate, short-term relief; Preliminary Injunctions for interim relief during the case; and Permanent Injunctions which are final orders issued after a trial, lasting indefinitely. TROs prevent imminent harm, Preliminary Injunctions maintain the status quo until a full hearing, and Permanent Injunctions provide lasting remedies, often when money damages aren't enough.
What happens when someone files an injunction?
An injunction or temporary restraining order is an order from the court prohibiting a party from performing or ordering a specified act, either temporarily or permanently.
What are the three principles of injunction?
While drafting Civil Suits of any kind as well as while seeking certain reliefs even in Writ matters, we often use the three principles of grant of injunction i.e. 'Prima Facie' case, 'Irreparable Injury' and 'Balance of Convenience' to convince the concerned court to either grant an interim injunction during the ...
What is a misrepresentation in a contract law?
An untrue statement of fact or law made by Party A (or its agent) to Party B, which induces Party B to enter a contract with Party A thereby causing Party B loss. An action for misrepresentation can be brought in respect of a misrepresentation of fact or law.
What is Section 39 of the contract Act?
India Code: Section Details. When a party to a contract has refused to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance.
What are examples of special conditions?
They add to or modify the general terms of the agreement to address particular needs or risks that are specific to the parties or the project. For example, a construction contract might include special conditions requiring the contractor to use eco-friendly materials or meet specific safety standards.