Legal Llama

  Injunctions Under Specific Relief Act The Specific Relief Legislation, 1963 is an act of the Indian Parliament that replaced an older act enacted in 1877. On 13th December 1963, the same was passed. The statute provides remedies for those who have had their contractual or civil rights violated. The following research is limited to Injunction; nonetheless, the researcher has included all feasible components to explain the same. Introduction An injunction is a sufficient remedy in the form of a judicial order compelling a party to perform or refrain from performing specified acts. Failure to enforce an injunction may result in criminal or civil penalties, as well as payment of damages or acceptance of sanctions. Breach of injunctions is occasionally viewed as a serious criminal offence, punishable by arrest and maybe imprisonment. Temporary restraining orders are a type of emergency injunction that is only effective for a limited length of time. Preliminary injunctions are a...

Declaratory Decree A declaratory decree is a decree declaring the right of the plaintiff. The declaratory judgment clearly states that the right of the plaintiff in an already complicated transaction. Under this, the court declares some existing rights in favor of the plaintiff and it exists only if the plaintiff is denied of his particular rights which he is basically entitled to. After the specific relief is obtained by the plaintiff against the defendant by the plaintiff who denied the plaintiff from his rights. A declaratory judgment does not itself order any action by a party or imply damages or an injunction although it may be accompanied by one or more other remedies . Section 34, Specific Relief Act Section 34 of the Special relief act of 1963 deals with the discretion of chords as to declaration of status or right. It is the cold discretion of the court as a true declaration of status or write any person and tell that to any legal character or any right to any property, ...

  Discharge of a contract by remission  Discharge of contract by remission is covered by Section 63 of the Indian Contract Act, 1872.  As per Section 63, the promisee is empowered to remit or dispense with the performance of the contract. The remission of the performance of promise can be done either wholly or in part. Even the time can be extended, if the promisee so desires. Thus, the promisee can accept any degree of satisfaction of the contract as he thinks fit.  Illustrations  When there is a contract between ‘A’ and ‘B’ where ‘A’ promises to paint a picture of ‘B’, the contract can be discharged if ‘B’ forbids ‘A’ from doing so. Thus, ‘A’ is no longer bound to fulfil his promise.  In a case where ‘A’ owes ‘B’ Rs. 5,000 and ‘B’ directs ‘A’ to pay just Rs.2000 instead of the full amount at the time and place where Rs. 5000 were to be paid, ‘A’ is discharged from his obligation by paying just the amount accepted by ‘B’ in satisfaction of the full contrac...

  Cancellation of instruments Introduction The legal system in India provides for certain duties and obligations which are to be performed by each party to a contract. A party found in breach of any such duty or obligation is punishable under law. Along with these duties, the laws also provide for certain reliefs to the parties to a contract, in cases where a contract can be held questionable under law. One such relief is the Cancellation of Instruments, which has been mentioned under the Specific Relief Act, 1963. This article would help the reader understand the different issues associated with the Cancellation of Instruments under the  Specific Relief Act, 1963 . Cancellation of instruments In simple language, cancellation of instruments means the nullification of a written document which is proof of a transaction between the parties that are part of the transaction. An instrument being every document by which any right or liability is, or purports to be created, tr...