THE OBJECTION LAW LAB

Written by  HT AL-AMIN KHAN , Student, Department of Land Management and Law, Jagannath University, Dhaka.   Introduction The term ‘Rectification’ means the action putting something rights.  Section 31 to 34 of The Specific Relief Act, 1877 Deals with the Rectification of Instruments. When Instrument may be Rectified In Section 31 states, a party, or his representative in interest, may institute a suit to have the instrument rectified in the following condition such as – a)       When such instrument is made through fraud; or b)       Mutual Mistake of parties; c)       Such contract or other instrument does not truly express their intention. Procedure of Court After instituting a suit for rectified instrument, the court find it clearly proved that – a)       There has been fraud; or b)       Mistake in framing instrument; and c)       Ascertain the real intention of the parties. Then the court is satisfied that the following condition is presented, and the court may in its discretion

  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