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The Tax Publishers Key Highlights of Specific Relief (Amendment) Bill, 2018 V.N. Damodar The Specific Relief (Amendment) Bill, 2018 has proposed to bring several changes and new provisions in the Specific Relief Act, 1963. This article elaborates the key amendments of the Amendment Bill. 1. Prologue The Specific Relief Act, 1963 ('the Act') provides remedy to persons whose civil or contractual rights have been violated. With a view to facilitate simple and easy enforcement of contracts and for rapid economic growth, the Specific Relief (Amendment) Bill, 2018 ('amendment bill') was introduced in Lok Sabhaand has been passed by the both the houses of parliament. Now, the bill is yet to be set before President for his assent so that it can become a law. The amendments made by bill are the welcome move as it removes the loopholes of the Act, further, clarifies and simplifies the existing provisions as it contains the significant amendments to the Act. 2. Specific performance by courts as general rule The Act provides specific performance as a limited right. Since, it may be enforced by the court at its discretion when monetary compensation is inadequate or when monetary compensation cannot be easily ascertained. The amendment bill eliminates these conditions and permit specific performance by courts as a general rule. In other words, specific performance of contract should be compulsorily enforced by the Court. Further, discretionary power of Courts in granting specific performance of contract connected with trusts is also done away by the amendment bill, by making it compulsory even for trusts. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

Key Highlights of Specific Relief (Amendment) Bill, 2018

V.N. Damodar

The Specific Relief (Amendment) Bill, 2018 has proposed to bring several changes and new provisions in the Specific Relief Act, 1963. This article elaborates the key amendments of the Amendment Bill.

1. Prologue

The Specific Relief Act, 1963 ('the Act') provides remedy to persons whose civil or contractual rights have been violated. With a view to facilitate simple and easy enforcement of contracts and for rapid economic growth, the Specific Relief (Amendment) Bill, 2018 ('amendment bill') was introduced in Lok Sabhaand has been passed by the both the houses of parliament. Now, the bill is yet to be set before President for his assent so that it can become a law. The amendments made by bill are the welcome move as it removes the loopholes of the Act, further, clarifies and simplifies the existing provisions as it contains the significant amendments to the Act.

2. Specific performance by courts as general rule

The Act provides specific performance as a limited right. Since, it may be enforced by the court at its discretion when monetary compensation is inadequate or when monetary compensation cannot be easily ascertained. The amendment bill eliminates these conditions and permit specific performance by courts as a general rule. In other words, specific performance of contract should be compulsorily enforced by the Court. Further, discretionary power of Courts in granting specific performance of contract connected with trusts is also done away by the amendment bill, by making it compulsory even for trusts.