The Specific Relief Act, 1877
Act No. I of 1877
Date of Assent: [Date from original act]
Status: Active
Preamble
An Act to define and amend the law relating to certain kinds of specific relief.
Short Title and Commencement
This Act may be called the Specific Relief Act, 1877, and shall extend to the whole of Bangladesh.
Definitions
Specific Relief: The enforcement of individual civil rights by compelling the person who has violated them to do or abstain from doing the particular act which his duty towards the party injured requires him to do or abstain from doing.
Main Provisions
Chapter I - Preliminary
Section 1 - Definitions
In this Act: - "Movable property" includes growing crops - "Immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, and fisheries
Chapter II - Specific Performance of Contracts
Section 9 - Specific Performance When Enforceable
In cases where specific performance of any contract may, in the discretion of the Court, be enforced.
Section 10 - Cases in Which Specific Performance Enforceable
Specific performance of a contract may be obtained when: - There exists no standard for ascertaining the actual damage - The compensation in money would not afford adequate relief
Chapter III - Rectification of Instruments
Section 26 - When Rectification May Be Ordered
When, through fraud or mutual mistake, a contract or other instrument in writing does not truly express the intention of the parties, either party may institute a suit to have the instrument rectified.
Chapter IV - Rescission of Contracts
Section 27 - When Rescission May Be Ordered
Any person interested in a contract in writing may sue to have it rescinded, and such rescission may be adjudged by the Court in various specified circumstances.
Chapter V - Cancellation of Instruments
Section 31 - When Cancellation May Be Ordered
Any person against whom a written instrument is void or voidable and who has reasonable apprehension that such instrument may be used against him may sue to have it cancelled.
Historical Context
This Act was enacted to provide specific remedies in civil matters, particularly in cases involving contracts and property rights.
Current Application
This Act remains a cornerstone of civil law in Bangladesh, governing specific relief in contractual and property disputes.
Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-11.html