section 8 of specific relief act, 1877

1. Section 50, of the Specific Relief Act bars the power of High Court to pass . A plaintiff carp not combine the remedies provided by both the sections in a same suit. Suit by person dispossessed of immoveable property. in Sec 8 remedy is provided for such person. As per section 7, of the Specific Relief Act, specific relief can not be granted for the . He may adopt the Summary remedy based on possession U/s 9 of SRA, 2. . Where an order is made under section 9 against the owner or the property, this order and decree cannot be assailed by . Section 9. SPECIFIC RELIEF ACT, 1877 Specific performance is a civil remedy of discretionary nature whereby Court compels the parties to renege upon the contract. Full text of the Report, Specific Relief Act, 1877, of the Law Commission of India. Recovery of specific immovable property. This Act may be called the Specific Relief Act, 1877 . [It extends to the whole of Pakistan]. This Act may be called the Specific Relief Act, 1877. Distinction between section 8 and 9 of specific relief Act: are given . Sec 8 and 9 relates to the recovery of possession of immoveable property. 2[It extends to the whole of Pakistan.] This Act is a replacement of the earlier act of 1877. The specific performance of contract is dealt with in section 4. The Specific Relief Act, 1963 is the outcome of the acceptance by the Central Government on the recommendations made by the Law Commission of India. Section 15. The Specific Relief Act, 1877 - nasirlawsite B. 8 and Sec. WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows : PART I Preliminary 1. 6. Injunctions under the Specific Relief Act,1963 may be divided into different types namely temporary, perpetual and mandatory. Contents: History of the legislation: Major suggestions for revision considered: Scheme adopted for revision: Section 1: Section 3: Section 4: Sections 5-6: Section 7: Section 8: Section 9: Section 10: Section 11: Section 12, clause (a) Section 12, clause (d) Explanation: Section 13: Sections 14-17: Sections 14 . Distinction between Ss.8 and 9 Specific Relief Act: Suits under sections 8 and 9 of the specific Relief Act are mutually exclusive. What is Specific Relief Act? here property could be movable or immovable. Section__________ of the Specific Relief Act, 1877 deals ... Section 5 and 6 of the Specific Relief Act, 1963 provide methods for recovery of possession of immovable properties. April 24, 2021 March 12, 2021 by rikazzz. The plaintiff must seek recovery of possession under Section 8 along with the declaration under section 42 of the Specific Relief Act. 10. (1st May, 1877.) The question as to how the plaintiff came in to possession can not be gone in to this proceedings. Under section 23 of the Specific Relief Act 1877 the following persons can obtain the specific performance of the contract; 1. 'A person entitled to the possession of specific immovable property may recover it in the manner prescribed by the code of civil procedure. Perpetual injunctions. With this app in your smartphones, you can look up for the references stated by any one in Specific Relief Act right away with a few taps on your screen. [1] THE SPECIFIC RELIEF ACT, 1877 (Act I of 1877) [7 February 1877] An Act to define and amend the law. As per section 49 of the Specific Relief Act, 1877 the cost of all applications and orders under chapter VII of the Specific Relief Act, 1877 whall be in the discretion of the_____? Law provides possessory relief, specific performance of a contract, declaratory relief and preventive relief (Injunction). In this video, I will explain Specific Relief Act, 1877, in Bangla ( বাংলা )0:01 Intro0:04 Reference Book0:37 Section 43:13 Section 57:22 Section 67:53 Secti. [Repeal of enactment.] Specific Relief Act 1877 Mcqs for Preparation - PakMcqs Muhammad Hanif. Section 9 provides remedy to a wrongfully dispossessed person, irrespective of ownership or title of property. Q No.4- (Section 9) What remedies specific relief act provides for the recovery of possession of the immovable property to a person dispossessed? Specific relief is the contribution of equity court. Future Lawyers Community: Specific relief Act, 1877 1877 has no application. Suit under section 9 of The Specific Relief Act, 1877 by ... Section 8 of SR Act 1887 [and Section 5 of SR Act 1963 of India] This section articulated, a person entitled to the possession of specific immoveable property may recover it in the manner prescribed by the Code of Civil Procedure. Short title, Local extent, & Commencement. Executive Order On Parole 1934: 9. Specific relief how given: View Judgements : 6: Preventive relief: View Judgements : 7: Relief not granted to enforce penal law: View Judgements : title: CHAPTER I : RECOVERING POSSESSION OF PROPERTY: View Judgements : 8: Recovery of specific immovable property: View Judgements : 9: Suit by person dispossessed of immovable property: View . Remedies available under Specific Relief Act, 1963 2. Equity, Trust, & Specific Relief by B. M. Gandhi. (a) 8th Report of Law Commission of India on Specific Relief Act of 1877 (b) 9th Report of Law Commission of India on Specific Relief Act of 1877 (c) 10th Report of Law Commission of India on Specific Relief Act of 1877 (d) none of above. Specific Relief Act 1877. The Specific Relief Act, 1877. Section 12. . the defaulting party is compelled to do or to omit the every act which he has undertaken to do or to omit. Specific Relief Act - PROLEGAL CONSULTANCY 1948 and A.O. Ans: 1. 1937, A.O. 9 We providing important MCQs of Specific Relief Act 1877 solved format. A bill to repeal the Act of 1877 was introduced in Lok Sabha and was passed by the both the houses of Parliament and on 13th December, 1963 the President assented to the same. Last Updated on 2 years by Admin LB INTRODUCTION In order to provide reliefs in cases relating to contracts, torts and other cases Specific Relief Act, 1877 was enacted. Section 6. This Act may be called the Specific Relief Act, 1877. The purpose to protect possession is two-fold. Section 8 of the Specific Relief Act, 1877: Under section 8 of this Act specific relief is given by taking possession from the defendant and giving it to the claimant; the section state this fact in following words "A person entitled to the possession of specific immovable property may recover it in the manner prescribed by the Code of Civil . Constitution Of Pakistan 1962: 6. While deciding the suit under section 9 of the Specific Relief Act, 1877, the following prerequisites must be followed for arriving at lawful conclusion: (i) That the person suing must have been dispossessed; (ii) That such dispossession must be of immovable property; Section 8 of the Act provides to a person on the basis of title, the remedy of possession of specific immovable property. 2where the learning skill solvency or any personal quality of such party is a material ingredient in the contract or . 9 such person need not to prove his title. Section 35(c) Section 37. SUIT FOR POSSESSION In a suit where the plaintiff's real object is to obtain a declaration under Section 42 of Specific Relief Act. SECTION 5 Section 5 of Specific Relief Act, 1963 provides that a person entitled to the possession of any specific immovable property can recover it in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908). MCQs Specif Relief Act 1877 LL.B part 1. Specific Relief | SEE Law MCQs. An earlier Bill on the subject introduced in the Lok Sabha on the 23rd December, 1960, lapsed on its dissolution. He may file long-drawn regular suit based on title u/s 8 of SRA. For a suit u/s. When there is a claim for any legal right and legal character with respect to property by virtue of title deeds, one should file a suit for a declaration under section 8 of Specific Relief Act, 1877 for recovery of Immovable Property and Section 42 for Declaration of immovable property. Clause (h).-We recommend the omission of clause (h) in view of the new provision recommended by us in section 8. Specific relief means relief of certain species, i.e. Thursday, June 25, 2015 SRA 255 | Presentation of Cancellation of Instruments 10. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908). Section 8 and 9 talk about immovable property. Section 5, 6, 7 and 8 of Specific Relief Act 1963. A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 (5 of 1908). The Specific Relief Act, 1877 is based on the rules and practice of English Law. 1. Client Area | Advocate Area | . -This Bill seeks to implement the recommendations of the Law Commission contained in the Ninth Report on the Specific Relief Act, 1877, except in regard to section 42 which is being retained as it now stands. Section 31. Preliminary. The title has some hindrances and condition attached to it. For details visit our website. The Specific Relief Act (I of 1877) by Dr. Ch. Section 8 of the Specific Relief Act 1877, provides A. four distinct actions B. three distinct actions C. five distinct actions D. none of above Limitation under section 8 of the Specific Relief Act 1877 is A. Section 9. Section 13. Family Courts Act 1964: 10. Short title, Local extent, & Commencement 2. 47 OF 1963 [13th December, 1963.] This act replaced an earlier Act of 1877. Specific Relief | SEE Law MCQs. The same has been reiterated in Pyx Granite v. Ministry of Housing and . According to section 8 of the 6. 8 claim is based on the title whereas claim is based on possession in Sec. Section 6. This legislation had become necessary because the Indian Contract Act,1872 provided only the relief of compensation in case . The Specific Relief Act, 1877. The Specific Relief Act provides for specific reliefs. And it shall come into force on the first day of May, 1877. The Hon'ble Apex Court has also held that Section 34 of the Specific Relief Act, 1963 is pari passu with the Section 42 of the Specific Relief Act, 1877.The provision is not exhaustive and the courts have the power to grant declaratory decrees independent of the Section. 2) The Specific Relief Act, was enforced on a) 1st March 1877 b) 1st April 1877 c) 1st May 1877 d) 7th March 1877. 1937, A.O. - 51 DLR 77 Essential elements of a declaratory suit Injunction is mentioned from section 36 to 44. C. High Court. relating to certain kinds of specific relief. The specific relief act 1877 is not an exhaustive code. * * * * Interpretation clause. Q No.5- (Section 8 & 9) What is difference between . Juvenile . Back. — The Specific Relief Act was passed in 1877, and has since been amended by Acts 4 of 1882, 12 of 1891, 9 of 1899, 21 of 1929, 10 of 1940 and 3 of 1951. Perpetual injunctions are known as permanent injunctions. L a w y e r S e r v i c e s . The Specific Relief Act, 1963 The Specific Relief Act, 1963 1. Specific relief how given 6. Rep. Rep. By the Amending Act, 1891 (XII of 1891). Court Fees Act of 1870: 8. 47. Under Sec. 8 of specific relief act. Page 1 of 28 THE SPECIFIC RELIEF ACT. Local Extent It extends to the whole of Bangladesh. This decision was helped in Kala Mia versus Gopal Chandra Pal and others. Civil Court. Section 5. Section 6 of Specific Relief Act on the other hand is based . This is the English version of the Specific Relief Act or SR Act (ACT NO. Categories The Specific Relief Act 1877 As per section 49 of the Specific Relief Act, 1877 the cost of all applications and orders under chapter VII of the Specific Relief Act, 1877 shall be in the discretion of the_____? it deals with those specific relief which fall within the domain of court of equity. person who have been illegally and unauthorisely dispossessed, relief of reinstatement to such person is provided in Sec. Detailed Contents. This is dealt with in section 5-8 of this chapter. Short title. 8, 9 specific relief act 1877. 9. Local extent. Section 8 is a remedy of possession of the immovable property if the owner of the property has been wrongfully dispossessed. Section _____, of the Specific Relief Act deals with cases of possession of immovable property: A. The mission of the Special Relief Act is "Ubi Jus Ibi Remedium", i.e. 1872 Contract Act: 2. Relief not granted to enforce penal law PART II OF SPECIFIC RELIEF CHAPTER I Of Recovering Possession of Property 8. The provision of this enactment was considered by the Law Commission in its Ninth Report which was later replaced by the present act of 1963. 3 THE SPECIFIC RELIEF ACT, 1963 ACT NO. Section 5. The Specific Relief Act, 1877. Suit under section 9 of The Specific Relief Act, 1877. decree in such a suit. Commencement SPECIFIC RELIEF ACT. Preventive relief 7. Section . Commencement. an exact or particular, a named, fixed or determined relief. Follow @SCJudgments. I OF 1877) is most used and applied Act in court of Common Law based Country as like Bangladesh, India, Pakistan, Nepal, Sri-Lanka etc. A. The Act does not confer any rights in itself. We are proud to announce that Pakistan's first Specific Relief Act 1877 app is now available on Play Store ABSOLUTELY FREE ! The Specific Relief Act is an act of the parliament which was passed on 13 December 1963. Recovery of specific immovable property. Section 45. 1948 and A.O. - Suit for possession---Prerequisites stated. 8 of specific relief act according to Sec. 1950. Contracts which cannot be specifically enforced under the Specific Relief Act, 1963. It has also been adapted by the Adaptation Orders, A.O. As per section 49 of the Specific Relief Act, 1877 the cost of all applications and orders under chapter VII of the Specific Relief Act, 1877 whall be in the discretion of the. a) 55 b) 57 c) 59 d) 56 Section 8. Recovery of specific immoveable property. The sections of this Act, both as to substantive law and practice should be interpreted . 3. Law of Pakistan recognizes this relief under Specific Relief Act, 1877. where there is right, there is remedy. temporary possession and dependant can sue by section 8. [Repeal of enactment.] WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:- Part I PRELIMINARY Short title 1. Preliminary. If one of the parties breaches that obligation, another party can seek help and sue under the Specific Relief Act 1877. Relief not granted to enforce penal law. Section _________, of the Specific Relief Act deals with cases of possession of immovable property? Sushil Kumar Paik and another vs Harendra Nath Samadder and another 55 DLR (AD) 9. The Specific […] BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follow:— PART I PRELIMINARY 1. Section 18(a) Section 21(b) Section 22. 10. Anti Terrorism Act 1997: 3. 7. Digest of Case law. Answer: Option C. 46. An earlier Bill on the subject introduced in the Lok Sabha on the 23rd December, 1960, lapsed on its dissolution. Section 43. Bare Acts- Specific Relief Act, 1963. Important MCQs of Specific Relief Act 1877. 2. Recovery… 1. If any person is dispossessed without his consent he may lief a long-drawn regular suit on the basis of title under Sec. An Act to define and amend the law relating to certain kinds of specific relief. Short title, extent and commencement.— . Ans. Relevant provisions: Sec. In a suit for permanent injunction simpliciter an issue whether the registered deed is forged or not cannot be decided. Remedies available under Specific Relief Act, 1963. Section 5 of Specific Relief Act provides that a person entitled to the possession of specific immovable property may recover it in the manner provided by Civil Procedure Code, 1908.Section 5 in simple words says any person who is lawfully owner of immovable property can get the possession of such property by due course of law.. Any party of the contract. 9. Preamble.- WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:- Part I. Section 3. Author: Ayush Jain, Unitedworld School of Law, Gandhinagar, Gujarat. Specific relief Act, 1877 What is your concept about specific relief? Specific Relief Act, 1877. "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; Session Court C. High Court D. Non of These. 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