Specific Relief Act 1950 [Act 137]

Part I   cite [+]

PRELIMINARY

1 Short title   cite [+]

This Act may be cited as the Specific Relief Act 1950.

2 Interpretation   cite [+]

(1) In this Act-

"obligation" includes every duty enforceable by law;

"settlement" means any instrument (other than a will or codicil) whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of;

"trust" includes every species of express, implied, or constructive fiduciary ownership;

"trustee" includes every person holding, expressly, by implication or constructively, a fiduciary character.

ILLUSTRATIONS


(a) Z bequeaths land to A, "not doubting that he will pay thereout an annuity of RM1,000 to B for his life". A accepts the bequest. A is a trustee, within the meaning of this Act, for B, to the extent of the annuity.

(b) A is the legal, medical, or spiritual adviser of B. By availing himself of his situation as such adviser, A gains some pecuniary advantage which might otherwise have accrued to B. A is a trustee for B, within the meaning of this Act, of the advantage.

(c) A, being B's banker, discloses, for his own purpose, the state of B's account. A is a trustee, within the meaning of this Act, for B, of the benefit gained by him by means of the disclosure.

(d) A, one of several partners, is employed to purchase goods for the firm. A, unknown to his co-partners, supplies them, at the market-price, with goods previously bought by himself when the price was lower, and thus makes a considerable profit. A is a trustee, for his co-partners, within the meaning of this Act, of the profit so made.

(e) A, the manager of B's indigo-factory, becomes agent for C, a vendor of indigo-seed, and receives, without B's assent, commission on the seed purchased from C for the factory. A is a trustee, within the meaning of this Act, for B, of the commission so received.


(2) All words occurring in this Act, which are defined in the Contracts Act 1950 [Act 136], shall be deemed to have the meanings respectively assigned to them by that Act.

3 Savings   cite [+]

Except where it is herein otherwise expressly provided, nothing in this Act shall be deemed-

(a) to give any right to relief in respect of any agreement which is not a contract;

(b) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or

(c) to affect the operation of any law in force for the time being relating to the registration of documents.

4 Specific relief how given   cite [+]

Specific relief is given-

(a) by taking possession of certain property and delivering it to a claimant;

(b) by ordering a party to do the very act which he is under an obligation to do;

(c) by preventing a party from doing that which he is under an obligation not to do;

(d) by determining and declaring the rights of parties otherwise than by an award of compensation; or

(e) by appointing a receiver.

5 Preventive relief   cite [+]

Specific relief granted under paragraph 4(c) is called preventive relief.

6 Relief not granted to enforce penal law   cite [+]

Specific relief cannot be granted for the mere purpose of enforcing a penal law.


Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.

SEARCH LEGISLATION
Title:


Number: