What is the 27 Specific Relief Act?
Asked by: Kurtis Cremin | Last update: February 1, 2026Score: 5/5 (37 votes)
Section 27 of India's Specific Relief Act, 1963 deals with Rescission of Contracts, outlining when a court can cancel a voidable contract or refuse to do so, primarily when it's voidable, unlawful (with defendant more to blame), or when parties can't be restored to their original positions, preventing unfair advantage. It allows rescission when a contract is voidable by the plaintiff or unlawful for hidden reasons, but courts refuse it if the plaintiff ratified the contract or circumstances prevent restoring original positions, explains LawBhoomi and Chhatrapati Shahu Ji Maharaj University, Kanpur.
What is the Specific Relief Act 27?
(1)Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:— (a)where the contract is voidable or terminable by the plaintiff;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 ...
What is the Specific Relief Act in simple words?
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 exceptions to Section 27?
Section 27 enshrines a general prohibition on contractual restrictions that interfere with a person's right to carry on a lawful profession or trade. The only statutory exception to this rule is in the case of the sale of goodwill, where reasonable restrictions may be enforced.
What is the new amendment of Specific Relief Act?
The Amendment Act states that the following categories of contracts cannot be specifically enforced: (a) where an aggrieved party has obtained substituted performance of contract; (b) where the contract involves performance of a continuous duty which cannot be supervised by the court; (c) where the contract is ...
Relief Against Parties & persons Claiming under them by Subsequent Title ; Sec # 27 of SRA-1877
Is there 27 or 33 amendments?
There are 27 ratified amendments to the U.S. Constitution, not 33; however, Congress has proposed 33 amendments, with 27 successfully ratified by the states, including the first ten known as the Bill of Rights. The confusion arises because while only 27 are official, there have been other attempts or proposed changes that didn't pass, leading to lists that might include unratified ones.
What is Section 37 of the Specific Relief Act?
(1) Temporary injunctions are such as are to continue until a specific time, or until the further order of the court, and they maybe granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908 (5 of 1908).
What is the punishment for Section 27?
India Code: Section Details. [27. Punishment for using arms, etc. --(1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
What is the Section 27 Amendment?
BLIND SA and SECTION27 celebrate the Constitutional Court's historic judgment which confirms that the Copyright Act of 1978 is unconstitutional for limiting access to reading materials in accessible formats for persons who are blind or visually impaired.
What is the SEC 27 contract?
According to Section 27: “Any agreement that prohibits someone from engaging in any type of lawful trade, business, or profession is, to that extent, null and void.” Except in appropriate and justifiable situations, the clause guarantees the preservation of a person's right to a living and their freedom to work.
Which contracts Cannot be specifically enforced under 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 ...
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 recovery of possession of property under Specific Relief Act?
Section 5 of the Specific Relief Act, 1963 explains the recovering of possession regarding specific immovable property. It states: "A person who is entitled to the possession of a specific immovable property may recover it in accordance with the procedure prescribed by the Code of Civil Procedure, 1908."
What is Section 27 of the Stamp Duty Ordinance?
27. Any conveyance of immovable property operating as a voluntary disposition inter vivos shall be chargeable with stamp duty as a conveyance on sale, with the substitution of the value of the property conveyed for the amount or value of the consideration for the sale.
Which relief can be granted in the Specific Relief Act?
The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act: Recovery of possession of property. Specific performance of contracts. Rectification of instruments.
When can a contract be rescinded?
In contract law, rescission is an equitable or legal remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction.
What is the main purpose of the 27th Amendment?
Amendment Twenty-seven to the Constitution was ratified on May 7, 1992. It forbids any changes to the salary of Congress members from taking effect until the next election concludes.
Did the founding fathers put God in the Constitution?
No, the U.S. Constitution does not explicitly mention God or a supreme being in its main text, a deliberate choice by the Founding Fathers to establish a secular government and protect religious freedom, though it does contain a date reference ("Year of our Lord") and the First Amendment prevents religious tests for office, reflecting a consensus on separation of church and state despite their personal faith.
What impact does the 27th have today?
Originally proposed in 1789 alongside other amendments that would become part of the Bill of Rights, the essence of the 27th Amendment is simple: any change in congressional salary cannot take effect until after an election has occurred.
What types of weapons are covered by the 27 Arms Act?
Rifles, carbines, revolvers, and pistols, to caliber . 50 inclusive, combat shotguns, and shotguns with barrels less than 18 inches in length are included under Category I(a). Machineguns, submachineguns, machine pistols and fully automatic rifles to caliber . 50 inclusive are included under Category I(b).
What is Section 27 of the Crimes Act?
CRIMES ACT 1900 - SECT 27
by any means wounds, or causes grievous bodily harm to any person, with intent in any such case to commit murder, shall be liable to imprisonment for 25 years.
What is Section 27 of narcotics?
Consumption of drugs is an offence under section 27 of the NDPS Act and is punishable with imprisonment of up to one year (in case of some drugs) or six months (in case of all other drugs). However, addicts volunteering for treatment get immunity under section 64A of the Act.
What is the 54 Specific Relief Act?
( ACT NO. I OF 1877 ) 54. Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication.
What is the order 38 of the Specific Relief Act?
Under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession may not be granted in favour of the plaintiff unless he proves that he was in actual possession of the suit property on the date of filing of the suit.
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.