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The law of specific relief: being an exhaustive commentary on the Specific relief act, 1963, incorporating appropriately the matter of Tagore law lectures / by S.C. Banerjee

By: Contributor(s): Material type: TextTextPublication details: Gurgaon; LexisNexis Publications, 2015.Edition: 13th edDescription: lxxxiv, 889p.; 25cmISBN:
  • 9789350356166
Subject(s): DDC classification:
  • 345.54077 BAN
Contents:
Preamble Part I Preliminary 1. Short Title, extent and commencement 2. Definitions 3. Savings 4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws Part II Specific Relief 5. Recovery of specific immovable property 6. Suit by person dispossessed of immovable property 7. Recovery of specific movable 8. Liability of person in possession, not as owner, to deliver to persons entitled to immediate possession 9. Defences respecting suits for relief based on contract 10. Cases in which specific performance of contract enforceable 11. Cases in which specific performance of contracts connected with trusts enforceable 12. Specific performance of part of contract 13. Rights of purchase or lessee against a person with no title or imperfect title 14. Contracts not specifically 15. Who may obtain specific relief 16. Personal bars to relief 17. Contract to sell or let property by one who has no title not specifically enforceable 18. Non-enforcement except with variation 19. Relief against parties and persons claiming under them by subsequent title 20. Discretion as to decreeing specific performance 21. Power to award compensation in certain cases 22. Power to grant relief for possession, partition, refund of earnest money, etc 23. Liquidation of damages not a bar to specific performance 24. Bar of suit for compensation foe breach after dismissal of suit for specific performance 25. Application of preceding sections to certain awards and testamentary directions to execute settlements 26. When instrument may be rectified 27. When rescission may be adjudged or refused 28. Rescission in certain circumstances of contracts for the sale or lease of immovable property, the specific performance of which has been decreed 29. Alternative prayer for rescission in suit for specific performance 30. Court may require parties rescinding to do equity 31. Where cancellation may be ordered 32. What instrument may be partially cancelled 33. Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable 34. Discretion of court as to declaration of status or right 35. Effect of declaration Part III Preventive Relief 36. Preventive relief how granted 37. Temporary and Perpetual injunctions 38. Perpetual injunction when granted 39. Mandatory injunctions 40. Damages in lieu of, or in addition to injunction 41. Injunction when refused 42. Injunction to perform negative agreement 43. Repealed 44. Repealed Appendices Appendix 1. The Indian Contract Act, 1872 (Extracts) 2. The Limitation Act, 1963 (Extracts) 3. The Indian Trusts Act, 1882 (Extracts) 4. Statement of Objects and Reasons on Bill 92 of 1960 5. Notes on Clauses on Bill 92 of 1960 6. Report of the Joint Committee Index
Summary: This great classic, since its inception in the year 1909, initially in the form of Lectures, has transformed over the years into a homogeneous treatise, brought about by the passing of the 1963 Act. This change however has not shaken the colour and verve of the original work, as utmost care has been taken by the revising authors to maintain its enduring value, and I sincerely hope that I too have been able to do justice to this monumental creation. Dr. S.C. Banerjee through his accuracy and lucidity of exposition of legal principles, laid down the foundation stone for this book's roaring success, as is explicit from the fact if one looks back at the number of editions and reprints it has gone through over a century. Every effort has been undertaken to bring the case-Iaws-up-to-date. The thorough and comprehensive approach in respect of each and every section of the Act, necessitated the synopsis to be divided into numerous heads and sub-heads, coupled with sufficient indication provided at the top of the page as to the particular topic found discussed on that page to facilitate reference. A well planned and thorough index is also given at the end of the book. ---Lawbookshop.net
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Books Books Central Library 345.54077 BAN (Browse shelf(Opens below)) Available 001086

Includes bibliographical references and index.

Preamble
Part I Preliminary
1. Short Title, extent and commencement
2. Definitions
3. Savings
4. Specific relief to be granted only for enforcing individual civil rights and not for
enforcing penal laws
Part II Specific Relief
5. Recovery of specific immovable property
6. Suit by person dispossessed of immovable property
7. Recovery of specific movable
8. Liability of person in possession, not as owner, to deliver to persons entitled
to immediate possession
9. Defences respecting suits for relief based on contract
10. Cases in which specific performance of contract enforceable
11. Cases in which specific performance of contracts connected with trusts enforceable
12. Specific performance of part of contract
13. Rights of purchase or lessee against a person with no title or imperfect title
14. Contracts not specifically
15. Who may obtain specific relief
16. Personal bars to relief
17. Contract to sell or let property by one who has no title not specifically enforceable
18. Non-enforcement except with variation
19. Relief against parties and persons claiming under them by subsequent title
20. Discretion as to decreeing specific performance
21. Power to award compensation in certain cases
22. Power to grant relief for possession, partition, refund of earnest money, etc
23. Liquidation of damages not a bar to specific performance
24. Bar of suit for compensation foe breach after dismissal of suit for specific performance
25. Application of preceding sections to certain awards and testamentary directions
to execute settlements
26. When instrument may be rectified
27. When rescission may be adjudged or refused
28. Rescission in certain circumstances of contracts for the sale or lease of immovable
property, the specific performance of which has been decreed
29. Alternative prayer for rescission in suit for specific performance
30. Court may require parties rescinding to do equity
31. Where cancellation may be ordered
32. What instrument may be partially cancelled
33. Power to require benefit to be restored or compensation to be made when
instrument is cancelled or is successfully resisted as being void or voidable
34. Discretion of court as to declaration of status or right
35. Effect of declaration
Part III Preventive Relief
36. Preventive relief how granted
37. Temporary and Perpetual injunctions
38. Perpetual injunction when granted
39. Mandatory injunctions
40. Damages in lieu of, or in addition to injunction
41. Injunction when refused
42. Injunction to perform negative agreement
43. Repealed
44. Repealed
Appendices
Appendix
1. The Indian Contract Act, 1872 (Extracts)
2. The Limitation Act, 1963 (Extracts)
3. The Indian Trusts Act, 1882 (Extracts)
4. Statement of Objects and Reasons on Bill 92 of 1960
5. Notes on Clauses on Bill 92 of 1960
6. Report of the Joint Committee
Index

This great classic, since its inception in the year 1909, initially in the form of Lectures, has transformed over the years into a homogeneous treatise, brought about by the passing of the 1963 Act. This change however has not shaken the colour and verve of the original work, as utmost care has been taken by the revising authors to maintain its enduring value, and I sincerely hope that I too have been able to do justice to this monumental creation.
Dr. S.C. Banerjee through his accuracy and lucidity of exposition of legal principles, laid down the foundation stone for this book's roaring success, as is explicit from the fact if one looks back at the number of editions and reprints it has gone through over a century.
Every effort has been undertaken to bring the case-Iaws-up-to-date. The thorough and comprehensive approach in respect of each and every section of the Act, necessitated the synopsis to be divided into numerous heads and sub-heads, coupled with sufficient indication provided at the top of the page as to the particular topic found discussed on that page to facilitate reference. A well planned and thorough index is also given at the end of the book. ---Lawbookshop.net

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