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Proposed Amendments To The Specific Relief Act, 1963 - Impact Analysis

The underlying objective of the parties behind entering into any contract is the performance of their respective parts. If for any reason this performance fails, courts tend to award damages in order to put the affected party back to his original position. However, if for any reason damages are an inadequate remedy or it is not possible to award compensation, then a relief of specific performance may be awarded to the affected party at the discretion of the court. We have a codified enactment dealing with issue, i.e., the Specific Relief Act, 1963 (“SRA”) governing this aspect. The proposed Specific Relief (Amendment) Bill, 2018 (“Amendment Bill”) which was passed by the Lok Sabha recently seeks to alter some fundamental propositions in the functioning of the SRA. By proposing a series of changes, the Amendment Bill attempts to simplify and remove the ambiguities embedded in the current legal position. a) Makes specific performance the general rule b) Substituted Performance c) Injunctions

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