Laws For everyday life
Specific legal relieves under law
 |
babaswami |
In medieval England courts of law got stuck with only one kind of civil remedy -- money damages. Understandably, this was not enough to satisfy all the aggrieved people that looked for case-specific remedies. Say for example: you've managed a deal to buy the 'Mona Lisa'. At the time of delivery its current owner refuses to respect the deal. Without any shadow of doubt, no amount of money will compensate your feeling of deprivation until you get the masterpiece itself. But the English courts of medieval period were left handicapped by the strict technicalities of procedural law which were quite hard to break free from and knew nothing but awarding compensation in the form of money.
At this point in legal history emerged the 'courts of equity' as contrasted to 'courts of law'. Equipped with required flexibility and authority these courts started giving an array of remedies like 'specific performance of agreements', 'injunctions', 'declarations' etc.
In the subcontinent, no such parallel equity court structure developed. Instead, the Specific Relief Act 1877 was enacted that empowered regular courts to award equitable relieves. Following are some provisions of this Act:
OF THE SPECIFIC PERFORMANCE OF CONTRACTS (CHAPTER II)
(a) Contracts which may be specifically enforced
Cases in which specific performance enforceable
Section 12. Except as otherwise provided in this Chapter, the specific performance of any contract may in the discretion of the Court be enforced-
(a) when the act agreed to be done is in the performance, wholly or partly, of a trust;
(b) when there exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done;
Illustrations
A agrees to buy, and B agrees to sell, a picture by a dead painter and two rare china vases. A may compel B specifically to perform this contract, for there is no standard for ascertaining the actual damage which would be caused by its non-performance.
(c) when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or
Illustrations
A contracts with B to sell him a house for taka 1,000. B is entitled to a decree directing A to convey the house to him, he paying the purchase-money.
A contracts to sell, and B contracts to buy, a certain number of railway-shares of a particular description. A refuses to complete the sale. B may compel A specifically to perform this agreement, for the shares are limited in number and not always to be had in the market, and their possession carries with it the status of a share-holder, which cannot otherwise be procured.
A contracts with B to paint a picture for B, who agrees to pay therefor taka 1,000. The picture is painted. B is entitled to have it delivered to him on payment or tender of the taka 1,000.
(d) when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done.
OF DECLARATORY DECREES (CHAPTER VI)
Discretion of Court as to declaration of status or right Bar to such declaration
Section 42. Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:
Provided that no Court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
Explanation - A trustee of property is a “person interested to deny” a title adverse to the title of some one who is not in existence, and for whom, if in existence, he would be a trustee.
Illustrations
(a) A is lawfully in possession of certain land. The inhabitants of a neighbouring village claim a right of way across the land. A may sue for a declaration that they are not entitled to the right so claimed.
(f) A Hindu widow in possession of property adopts a son to her deceased husband. The person presumptively entitled to possession of the property on her death without a son may, in a suit against the adopted son, obtain a declaration that the adoption was invalid.
(g) A is in possession of certain property. B, alleging that he is the owner of the property, requires A to deliver it to him. A may obtain a declaration of his right to hold the property.
(h) A bequeaths property to B for his life, with remainder to B's wife and her children, if any, by B, but if B die without any wife or children, to C. B has a putative wife, D, and children, but C denies that B and D were ever lawfully married. D and her children, may, in B's lifetime, institute a suit against C and obtain therein a declaration that they are truly the wife and children of B.
-- Law Desk.
