Justice MB Shah Law of Specific Relief
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Product Information
Pack Of
1
Pages
1676
Material
Paper
Country Of Origin
India
Product Description
"Law of Specific Relief: Exhaustive Commentary on The Specific Relief Act, 1963" (Third Edition), authored by Justice M.B. Shah and published by Whytes & Co. It is a comprehensive legal treatise widely used by civil litigators, judges, and legal scholars in India.
The book provides a systematic, section-by-section analysis of The Specific Relief Act, 1963, which dictates the legal remedies available when a simple award of monetary damages is insufficient to satisfy a breach of contract or civil wrong.
Rather than focusing merely on compensation, this commentary focuses on how courts enforce actual obligations??uch as forcing a party to complete a property sale or preventing a wrongful action.
Key Subjects Covered in the Book
Recovering Possession of Property: Detailed legal procedures for reclaiming wrongful possession of both movable (personal property) and immovable (real estate) property.
Specific Performance of Contracts: Exhaustive guidelines on when courts will compel a party to fulfill their exact contractual obligations (critical for real estate and complex commercial contracts), including the major shift making specific performance a mandatory remedy rather than a discretionary one.
Contracts That Cannot Be Specifically Enforced: Clarification on exceptions, such as contracts dependent on personal qualifications, contracts determinable by nature, or where continuous court supervision is required.
Rectification and Rescission: The legal grounds for correcting written agreements that do not reflect the parties' true intentions due to fraud or mutual mistake, as well as the rules for canceling a contract entirely.
Cancellation and Declaratory Decrees: How individuals can use the court to declare their legal character or right to property, and how to cancel void or voidable instruments that threaten their rights.
Preventive Relief (Injunctions): Comprehensive coverage of temporary, perpetual, and mandatory injunctions used to prevent a party from committing an act that violates another's rights.
Exhaustive Model Forms: Practical legal templates, drafting formats, and pleadings tailored for civil court submissions.
The book provides a systematic, section-by-section analysis of The Specific Relief Act, 1963, which dictates the legal remedies available when a simple award of monetary damages is insufficient to satisfy a breach of contract or civil wrong.
Rather than focusing merely on compensation, this commentary focuses on how courts enforce actual obligations??uch as forcing a party to complete a property sale or preventing a wrongful action.
Key Subjects Covered in the Book
Recovering Possession of Property: Detailed legal procedures for reclaiming wrongful possession of both movable (personal property) and immovable (real estate) property.
Specific Performance of Contracts: Exhaustive guidelines on when courts will compel a party to fulfill their exact contractual obligations (critical for real estate and complex commercial contracts), including the major shift making specific performance a mandatory remedy rather than a discretionary one.
Contracts That Cannot Be Specifically Enforced: Clarification on exceptions, such as contracts dependent on personal qualifications, contracts determinable by nature, or where continuous court supervision is required.
Rectification and Rescission: The legal grounds for correcting written agreements that do not reflect the parties' true intentions due to fraud or mutual mistake, as well as the rules for canceling a contract entirely.
Cancellation and Declaratory Decrees: How individuals can use the court to declare their legal character or right to property, and how to cancel void or voidable instruments that threaten their rights.
Preventive Relief (Injunctions): Comprehensive coverage of temporary, perpetual, and mandatory injunctions used to prevent a party from committing an act that violates another's rights.
Exhaustive Model Forms: Practical legal templates, drafting formats, and pleadings tailored for civil court submissions.