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In forceACT NO. I OF 1877 · 7th February, 1877

The Specific Relief Act, 1877

বিশেষ প্রতিকার আইন, 1877

♣An Act to define and amend the law relating to certain kinds of Specific Relief.

Contents

  1. PreamblePreamble

Part I PRELIMINARY

  1. Section 1Short title
  2. Section 2[Repealed]Repealed
  3. Section 3Interpretation-clause
  4. Section 4Savings
  5. Section 5Specific relief how given
  6. Section 6Preventive relief
  7. Section 7Relief not granted to enforce penal law

Part II OF SPECIFIC RELIEF · Chapter I OF RECOVERING POSSESSION OF PROPERTY

  1. Section 8Recovery of specific immoveable property
  2. Section 9Suit by person dispossessed of immoveable property
  3. Section 10Recovery of specific moveable property
  4. Section 11Liability of person in possession, not as owner to deliver to person entitled to immediate possession

Part II OF SPECIFIC RELIEF · Chapter II OF THE SPECIFIC PERFORMANCE OF CONTRACTS

  1. Section 12Cases in which specific performance enforceable
  2. Section 13Contract of which the subject has partially ceased to exist
  3. Section 14Specific performance of part of contract where part unperformed is small
  4. Section 15Specific performance of part of contract where part unperformed is large
  5. Section 16Specific performance of independent part of contract
  6. Section 17Bar in other cases of specific performance of part of contract
  7. Section 18Purchaser's rights against vendor with imperfect title
  8. Section 19Power to award compensation in certain cases
  9. Section 20Liquidation of damages not a bar to specific performance
  10. Section 21Contracts not specifically enforceable
  11. Section 21AUnregistered contract for sale not specifically enforceable
  12. Section 22Discretion as to decreeing specific performance
  13. Section 23Who may obtain specific performance
  14. Section 24Personal bars to the relief
  15. Section 25Contracts to sell property by one who has no title, or who is a voluntary settler
  16. Section 26Non-enforcement except with variation
  17. Section 27ASpecific performance in case of part performance of contract to lease
  18. Section 27Relief against parties and persons claiming under them by subsequent title
  19. Section 28What parties cannot be compelled to perform
  20. Section 29Bar of suit for breach after dismissal
  21. Section 30Application of preceding sections to awards and testamentary directions to execute settlements

Part II OF SPECIFIC RELIEF · Chapter III OF THE RECTIFICATION OF INSTRUMENTS

  1. Section 31When instrument may be rectified
  2. Section 32Presumption as to intent of parties
  3. Section 33Principles of rectification
  4. Section 34Specific enforcement of rectified contract

Part II OF SPECIFIC RELIEF · Chapter IV OF THE RESCISSION OF CONTRACTS

  1. Section 35When rescission may be adjudged
  2. Section 36Rescission for mistake
  3. Section 37Alternative prayer for rescission in suit for specific performance
  4. Section 38Court may require party rescinding to do equity

Part II OF SPECIFIC RELIEF · Chapter V OF THE CANCELLATION OF INSTRUMENTS

  1. Section 39When cancellation may be ordered
  2. Section 40What instruments may be partially cancelled
  3. Section 41Power to require party for whom instrument is cancelled to make compensation

Part II OF SPECIFIC RELIEF · Chapter VI OF DECLARATORY DECREES

  1. Section 42Discretion of Court as to declaration of status or right. Bar to such declaration
  2. Section 43Effect of declaration

Part II OF SPECIFIC RELIEF · Chapter VII OF THE APPOINTMENT OF RECEIVERS

  1. Section 44Appointment of receivers discretionary. Reference to Code of Civil Procedure.

Part II OF SPECIFIC RELIEF · Chapter VIII

  1. Section x47[Omitted]Repealed

Part III OF PREVENTIVE RELIEF · Chapter IX OF INJUNCTIONS GENERALLY

  1. Section 52Preventive relief how granted
  2. Section 53Temporary injunctions Perpetual injunctions

Part III OF PREVENTIVE RELIEF · Chapter X OF PERPETUAL INJUNCTIONS

  1. Section 54Perpetual injunctions when granted
  2. Section 55Mandatory injunctions
  3. Section 56Injunction when refused
  4. Section 57Injunction to perform negative agreement