Specific Relief how given : Exclusive notes - 01

 

Written by HT AL-AMIN KHAN, Student, Department of Land Management and Law, Jagannath University, Dhaka.


Introduction

Common Law relief or Legal relief was mainly compensatory while equitable relief was specific.

Equitable relief based on three maxims of equity such as-

i)                   He who comes to equity must come with clean hands.

ii)                 He who seeks equity must do equity

iii)               Delay defeats equity.

 

As noted by woodroffee, “The remedies for the non-performance of a duty enforceable by law are either compensatory or Specific.

Compensatory remedy is by award of damages.

Specific Relief How Given

It states five ways for how specific relief is given under section 5 of The Specific Relief Act 1877. Here states specific relief is given

  • a)      By taking possession of certain property and delivering it to claimant;
  • b)      By ordering a party to do very thing which he is under obligation to do;
  • c)      By preventing a party from doing that which he is under obligation not to do;
  • d)    By determining and declaring the rights of parties otherwise than by award of compensation; or
  • e)      By appointing a receiver.

Judicial Observation

In M. Manzur Ahmed vs. Ingeflatz 11 BLC 280  case held that Plaintiff Claims relief under section 5 of the Specific Relief Act when the plaintiff performed his part as per terms of the deed of agreement, the defendant is also bound to performed his part otherwise, the court will act on behalf of the plaintiff.

Conclusion

The Specific Relief Act, 1877 was not meant to be an exhaustive code with all kinds of relief incorporated therein, but refers to only relief which could be obtained in civil suit.


Reference:

  1. B.M. Gandhi, “Equitable Remedies - Nature and Scope,” Equity, Trust and Specific Relief (Fourth Edition, EBC Publishing (P) Ltd 2020).
  2. The Specific Relief Act, 1877.

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