Section 1 & 2

1. Short title, extent and commencement

(1) This Act may be called the Specific Relief Act, 1963.

(2) It extends to the whole of India

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Assent of President – 13th Dec. 1963.

The act came into force on 1st  March 1964.

9th Report – Law Commission

 

 2. Definitions

In this Act, unless the context otherwise require,-

Section 2(a) “obligation” includes every duty enforceable by law;-

An obligation is a bond or tie which constrains a person to do or suffer something it implies a right in another person to which it is correlated, and it restricts the freedom of the oblige with reference to definite acts and forbearance; but in order to be enforceable it must be an obligation recognized by law and not merely a moral social or religious one. The term has been used in Section 38 and 39 respectively.

Section 2(b) “settlement” means an instrument (other than a will or codicil as defined by the Indian Succession Act, 1925 (39 of 1925), whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of;

The expression has been used in Section 15(c) and 25.

Section 2(c) “trust” has the same meaning as in section 3 of the Indian Trusts Act, 1882 (2 of 1882), and includes an obligation in the nature of a trust within the meaning of Chapter IX of that Act;

Section 2(d) “trustee” includes every person holding property in trust;

A is the legal, medical or spiritual advisor of B, By availing himself of his situation as such advisor, a gains some pecuniary advantage which might otherwise have accrued to B. A is a trustee, for B, within the meaning of this Act, of such advantage.

A, being B’s banker, disclosed of his own purpose the state of B’s account. A is a trustee, within the meaning of this Act, for B, of the benefit gained by him means of such disclosure.

Section 2(e) all other words and expressions used herein but not defined, and defined in the Indian Contract Act, 1872 (9 of 1872), have the meanings respectively assigned to them in that Act.

Words like agent, agreement, consideration, contract, fraud, misrepresentation, mistake, void, voidable used in specific relief act would have the same meaning as defined under the contract act.

Similar Posts