Specific Relief Act, 1977 (1920 A.D.)
No: 38 Dated: Apr, 01 1978
THE SPECIFIC RELIEF ACT, 1977 (1920 A. D.)
(Act No. XXXVIII of 1977)
An Act to define and amend the law relating to certain kinds of Specific Relief.
Preamble. - Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits;
It is hereby enacted as follows:-
Part I
Preliminary
1. Short title, extent and commencement. -(1) This Act may be called the Specific Relief Act, 1977.
(2) It extends to the whole of Jammu and Kashmir State. It shall come into force on the 1st day of Baisakh, 1978.
2. Omitted.
3. Interpretation-clause. - In this Act unless there be something repugnant in the subject or context-
"obligation" includes every duty enforceable by law :
"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 there out an annuity of Rs. 1,000 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 annunity.
(b) A is the legal, medical or spiritual adviser of B. By availing himself of his situation as such adviser, A gains something pecuniary advantage which might otherwise have accrued to B. A is a trustee, for B, within the meaning of this Act, of such 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 such disclosure.
(d) A, the mortagee of certain leaseholds, renews the lease in his own name. A is a trustee, within the meaning of this Act, of the renewed lease, for those interested in the original lease.
(e) 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 trustee for his co-partners, within the meaning of this Act, of the profit so made.
(f) 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.
(g) A buys certain land with notice that B has already contracted to buy it. A is a trustee, within the meaning of this Act, for B, of the land so bought.
(h) A buys land from B, having notice that C is in occupation of the land. A omits to make any inquiry as to nature of C's interest therein. A is a trustee, within the meaning of this Act, for C, to the extent of that interest.
"Settlement " means any instrument (other than a will or codicil as defined by the Probate and Administration Act) whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agree to be disposed of :
Words defined in Contract Act.
and all words occurring in this Act, which are defined in the Contract Act, shall be deemed to have the meanings respectively assigned to them by the Act,