equity trust and specific relief act pdf

Equity Trust And Specific Relief Act Pdf

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Specific performance is an equitable remedy in the law of contract , whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court.

Submitted To: Submitted by: Prof. I extend my sincere thanks to everybody who helped me with the completion of this project.

Equity, Trusts and Specific Relief

The author has traced the evolution of the principles of equity in India, covering in the process all aspects of the subject. The aim and object of Equity and its role have been explained lucidly. A reference to the principles of Equity becomes necessary in the Indian courts in the matter of interpretation of the relevant statutes of property, contract, mortgages, trusts, specific relief and the like where the statute is silent on a particular point. For example, in cases arising out of contract, equity steps in and takes over and imposes liability upon the defendant to the plaintiff. The principles of justice and conscience are thus the basis of equity jurisdiction and equity has a role to play in the field of tort too. The author has taken pains to show the use of Equitable principles in the Indian context, and has also made a comparison with the English law on the subject. To bring the book in line with revised law curriculum a new Fiduciary Relationship has been added, discussing what is a fiduciary relationship, how it comes into existence along with a list of cases, wherein it springs up.

Equity trust and specific relief

Read More…. Readiness of plaintiff to perform contract which includes a performance of plaintiff b potential of plaintiff c willingness of plaintiff d financial ability of plaintiff. Where applicant neither necessary nor proper party in suit of specific performance whether his presence is necessary for effective adjudication? Specific relief can be granted for a enforcing individual civil rights b enforcing penal laws c both civil rights and penal laws d neither civil rights nor penal laws. Under the Specific Relief Act, a suit for recovery of possession can be filed a only in respect of movable property b only in respect of immovable property c in respect of both movable and immovable property d neither movable nor immovable property. A suit for possession of an immovable property, under section 6 of Specific Relief Act can be filed within a 1 year of dispossession b 6 months of dispossession c 3 years of dispossession d 12 years of dispossession. A suit for recovery of possession of an immovable property under section 6 of Specific Relief Act can be filed against a a private individual only b a government c both a private individual and a government d neither a nor b.

The author has traced the evolution of the principles of equity in India, covering in the process all aspects of the subject. The aim and object of Equity and its role have been explained lucidly. A reference to the principles of Equity becomes necessary in the Indian courts in the matter of interpretation of the relevant statutes of property, contract, mortgages, trusts, specific relief and the like where the statute is silent on a particular point. For example, in cases arising out of contract, equity steps in and takes over and imposes liability upon the defendant to the plaintiff. The principles of justice and conscience are thus the basis of equity jurisdiction and equity has a role to play in the field of tort too. The author has taken pains to show the use of Equitable principles in the Indian context, and has also made a comparison with the English law on the subject.

Eastern Book Company's Equity, Trusts & Specific Relief For BSL & LL.B by B.M. Gandhi

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Equity, Trusts and Specific Relief

The Specific Relief Act, was a revision of the archaic, colonial law enacted in , which was subsequently repealed for its unviability to the contemporary socio-economic needs as per the recommendations of 9th Law Commission Report. There might be on various occasions, the parties the compensation may not be an adequate relief, where specific performance of the contract is essential to balance the interests of both the parties. It, therefore, provides a remedy for the exact fulfilment of the obligation.

Equity & Trusts law notes

Specific Relief Act, An Act to define and amend the law relating to certain kinds of specific relief. Follow SCJudgments. Login : Advocate Client.

Short title 2. Interpretation 3. Savings 4. Specific relief how given 5. Preventive relief 6.

Submitted To: Submitted by: Prof. I extend my sincere thanks to everybody who helped me with the completion of this project. Sanjay Kumar Yadav who allowed me to select the fine and interesting topic for the present project and also helped with the research and compilation of necessary information for the completion of the project. I am also thankful to the Library Administration for the provision of necessary books and texts needed for the completion of this project. Finally, I would like to thank my parents, seniors and batch mates for their support. The information submitted herein is true and original to the best of my knowledge. It covers large number of remedial aspects of law.

Preventive Relief under the Specific Relief Act, 1963

4 comments

Emerita B.

Price Rs. EQUITY, JUSTICE and good conscience has played a very significant role in the introduction of common law in India. Equity has been.

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Agatha C.

Syllabus with Effect from: January - Paper Code: UL02ELLB Total Credit: 4. Title Of Paper: Equity, Trust & Specific Relief Act. Unit. Description in Detail.

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Ecterliku

D and d book pdf united nations convention on the rights of the child 1991 pdf

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Donatien P.

Cases in which specific performance of contracts connected with trusts enforceable. Specific Court may require parties rescinding to do equity. CHAPTER V An Act to define and amend the law relating to certain kinds of specific relief.

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