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Specific Relief Act 1950 [Act 137]   cite [+]

ARRANGEMENT OF SECTIONS

  1. Preamble

  2. PART I   PRELIMINARY

    1. 1. Short title
    2. 2. Interpretation
    3. 3. Savings
    4. 4. Specific relief how given
    5. 5. Preventive relief
    6. 6. Relief not granted to enforce penal law

  3. PART II   SPECIFIC RELIEF

      CHAPTER I   RECOVERING POSSESSION OF PROPERTY

      Possession of Immovable Property

    1. 7. Recovery of specific immovable property
    2. 8. Suit by person dispossessed of immovable property

      3. Possession of Movable Property

    3. 9. Recovery of specific movable property
    4. 10. Liability of person in possession not as owner, to deliver to person entitled to immediate possession

      5. CHAPTER II   SPECIFIC PERFORMANCE OF CONTRACTS

      Contracts which may be Specifically Enforced

    5. 11. Cases in which specific performance enforceable
    6. 12. Contracts of which the subject has partially ceased to exist
    7. 13. Specific performance of part of contract where part unperformed is small
    8. 14. Specific performance of part of contract where part unperformed is large
    9. 15. Specific performance of independent part of contract
    10. 16. Bar in other cases of specific performance of part of contract
    11. 17. Purchaser's rights against vendor with imperfect title
    12. 18. Power to award compensation in certain cases
    13. 19. Liquidation of damages not a bar to specific performance

      14. Contracts which cannot be Specifically Enforced

    14. 20. Contracts not specifically enforceable

      15. Discretion of the Court

    15. 21. Discretion as to decreeing specific performance

      16. For whom Contracts may be Specifically Enforced

    16. 22. Who may obtain specific performance

      17. For whom Contracts cannot be Specifically Enforced

    17. 23. Personal bars to the relief
    18. 24. Contracts to sell property by one who has no title, or who is a voluntary settlor

      19. For whom Contracts cannot be Specifically Enforced, except with a Variation

    19. 25. Non-enforcement except with variation

      20. Against whom Contracts may be Specifically Enforces

    20. 26. Relief against parties and persons claiming under them by subsequent title

      21. Against whom Contracts cannot be Specifically Enforced

    21. 27. What parties cannot be compelled to perform

      22. The effect of Dismissing a suit for Specific Performance

    22. 28. Bar of suit for breach after dismissal

      23. Awards and Directions to Execute Settlements

    23. 29. Application of preceding sections to awards and testamentary directions to execute settlements

      24. CHAPTER III   RECTIFICATION OF INSTRUMENTS

    24. 30. When instrument may be rectified
    25. 31. Presumption as to intent of parties
    26. 32. Principles of rectification
    27. 33. Specific enforcement of rectified contract

      28. CHAPTER IV   RESCISSION OF CONTRACTS

    28. 34. When rescission may be adjudged
    29. 35. Rescission for mistake
    30. 36. Alternative prayer for rescission in suit for specific performance
    31. 37. Court may require party rescinding to do equity

      32. CHAPTER V   CANCELLATION OF INSTRUMENTS

    32. 38. When cancellation may be ordered
    33. 39. What instruments may be partially cancelled
    34. 40. Power to require party for whom instrument is cancelled to make compensation

      35. CHAPTER VI   DECLARATORY DECREES

    35. 41. Discretion of court as to declaration of status or right
    36. 42. Effect of declaration

      37. CHAPTER VII   APPOINTMENT OF RECEIVERS

    37. 43. Appointment of Receivers discretionary

      38. CHAPTER VIII   ENFORCEMENT OF PUBLIC DUTIES

    38. 44. Power to order public servants and others to do certain specific acts
    39. 45. Application how made and procedure
    40. 46. Peremptory order
    41. 47. Execution of, and appeal from, orders
    42. 48. Costs
    43. 49. Bar to issue of mandamus

  4. PART III   PREVENTIVE RELIEF

      CHAPTER IX   OF INJUNCTIONS GENERALLY

    1. 50. Preventive relief how granted
    2. 51. Temporary and perpetual injunctions

      3. CHAPTER X   OF PERPETUAL INJUNCTIONS

    3. 52. Perpetual injunctions when granted
    4. 53. Mandatory injunctions
    5. 54. Injunction when refused
    6. 55. Injunction to perform negative agreement

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