The Specific Relief Act, 1877 (সুনির্দিষ্ট প্রতিকার আইন)
Act No: I | Year: 1872
Overview
এই আইনটি সুনির্দিষ্ট প্রতিকার প্রদানের পদ্ধতি এবং ক্ষেত্রসমূহ নিয়ন্ত্রণ করে।
Full Law (Sections & Articles)
Part I: Preliminary
Section 7
Relief not granted to enforce penal law
Specific relief cannot be granted for the mere purpose of enforcing a penal law.
Section 1
Short title, extent and commencement
This Act may be called the Specific Relief Act, 1877; It extends to the whole of Bangladesh; And it shall come into force on the first day of May, 1877.
Part II: Of Specific Relief
Section 21
Contracts not specifically enforceable
The following contracts cannot be specifically enforced:
(a) A contract for the non-performance of which compensation in money is an adequate relief;
(b) A contract which runs into such minute or numerous details, or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the Court cannot enforce specific performance of its material terms;
(c) A contract the terms of which the Court cannot find with reasonable certainty;
(d) A contract which is in its nature revocable.
(a) A contract for the non-performance of which compensation in money is an adequate relief;
(b) A contract which runs into such minute or numerous details, or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the Court cannot enforce specific performance of its material terms;
(c) A contract the terms of which the Court cannot find with reasonable certainty;
(d) A contract which is in its nature revocable.
Section 31
When instrument may be rectified
When, through fraud or a mutual mistake of the parties, a instrument in writing does not truly express their intention, either party, or his representative in interest, may institute a suit to have the instrument rectified.
Section 35
When rescission may be adjudged
Any person interested in a contract in writing may sue to have it rescinded, and such rescission may be adjudged by the Court in any of the following cases, namely:
(a) where the contract is voidable or terminable by the plaintiff;
(b) where the contract is unlawful for causes not apparent on its face, and the defendant is more to blame than the plaintiff;
(c) where a decree for specific performance of a contract of sale, or of a contract to take a lease, has been made, and the purchaser or lessee makes default in payment of the purchase-money or other sums which the Court has ordered him to pay.
(a) where the contract is voidable or terminable by the plaintiff;
(b) where the contract is unlawful for causes not apparent on its face, and the defendant is more to blame than the plaintiff;
(c) where a decree for specific performance of a contract of sale, or of a contract to take a lease, has been made, and the purchaser or lessee makes default in payment of the purchase-money or other sums which the Court has ordered him to pay.
Section 39
When cancellation may be ordered
Any person against whom a written instrument is void or voidable, who has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury, may sue to have it adjudged void or voidable; and the Court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.
Section 42
Discretion of Court as to declaration of status or right
Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the Court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief.
Section 5
Specific relief how given
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.
Section 8
Recovery of specific immovable property
A person entitled to the possession of specific immovable property may recover it in the manner prescribed by the Code of Civil Procedure.
Section 9
Suit by person dispossessed of immovable property
If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.
Section 12
Cases in which specific performance enforceable
Except as otherwise provided in this Chapter, the specific performance of any contract may, in the discretion of the Court, be enforced— (a) when the act agreed to be done is in the performance, wholly or partly, of a trust; (b) when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done; (c) when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or (d) when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done.
Part III: Of Preventive Relief
Section 54
Perpetual injunctions when granted
Subject to the other provisions contained in, or referred to by, this Chapter, a perpetual injunction may be granted to prevent the breach of an obligation existing in favour of the applicant, whether expressly or by implication.
Section 55
Mandatory injunctions
When, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the Court is capable of enforcing, the Court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts.
Section 56
Injunction when refused
An injunction cannot be granted:
(a) to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought;
(d) to interfere with the public duties of any department of the Government;
(i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding.
(a) to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought;
(d) to interfere with the public duties of any department of the Government;
(i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding.
Section 52
Preventive relief how granted
Preventive relief is granted at the discretion of the Court by injunction, temporary or perpetual.
Q&A Short Questions & Answers
Q: ধারা ৯-এর অধীনে দখল পুনরুদ্ধারের মামলার তামাদি কত দিন?
Answer: সুনির্দিষ্ট প্রতিকার আইনের ধারা ৯-এর অধীনে দখল পুনরুদ্ধারের মামলার তামাদি ৬ মাস।
Q: ঘোষণামূলক মোকদ্দমা (Declaratory Suit) কোন ধারায়?
Answer: সুনির্দিষ্ট প্রতিকার আইনের ধারা ৪২-এ ঘোষণামূলক মোকদ্দমা সম্পর্কে বলা হয়েছে।
EXAM Previous Bar Council Questions
1. A person entitled to any legal character or right to any property may institute a suit for?
A
Mandatory Injunction
B
Declaratory Decree
C
Summary Possession
D
Specific Performance
Correct Option: B
Legal Explanation:
Section 42 of SRA deals with Declarations.
2. What is the purpose of a "Perpetual Injunction"?
A
To stop a trial for 10 days
B
To attach the property
C
To permanently prevent the breach of an obligation
D
To arrest the defendant
Correct Option: C
Legal Explanation:
Perpetual injunctions are granted by a final decree at the hearing.
3. When can a "Mandatory Injunction" be granted?
A
Only in criminal matters
B
To compel the performance of certain acts to prevent a breach
C
To order the police to investigate
D
To stop the plaintiff from crying
Correct Option: B
Legal Explanation:
Section 55 provides for mandatory injunctions.
4. An injunction cannot be granted when?
A
The suit value is low
B
An equally efficacious relief can certainly be obtained
C
The defendant is a foreigner
D
The plaintiff is a woman
Correct Option: B
Legal Explanation:
Section 56 lists cases where injunction must be refused.
5. What is "Preventive Relief" as per SRA?
A
Returning the property
B
Relief granted by way of injunction
C
Granting of damages
D
Declaring the title
Correct Option: B
Legal Explanation:
Section 6 states preventive relief is granted by injunctions.
6. Can the court grant part performance of a contract?
A
No, never
B
Yes, under specific conditions in Section 13-17
C
Only for government contracts
D
Only if the parties are relatives
Correct Option: B
Legal Explanation:
SRA allows partial enforcement in specific scenarios.
7. What is the nature of the relief provided under the Specific Relief Act?
A
Equitable and discretionary
B
Only criminal in nature
C
Mandatory in all cases
D
Purely compensatory
Correct Option: A
Legal Explanation:
SRA provides equitable remedies that are at the discretion of the court.
8. Can specific relief be granted to enforce a penal law?
A
Only with High Court permission
B
No, it is only for individual civil rights
C
Yes, for all crimes
D
Only for theft cases
Correct Option: B
Legal Explanation:
Section 7 of SRA explicitly prohibits enforcement of penal laws.
9. A suit for possession of immovable property based on title must be filed under which section of SRA?
A
Section 8
B
Section 12
C
Section 42
D
Section 9
Correct Option: A
Legal Explanation:
Section 8 relates to recovery of specific immovable property based on title.
10. Under Section 9 of SRA, what must the plaintiff prove to recover possession?
A
A valid contract of sale
B
Ownership of the property
C
Payment of all taxes
D
Previous possession and illegal dispossession
Correct Option: D
Legal Explanation:
Section 9 is about possession, not title.
11. Is there any remedy against a decree passed in a suit under Section 9 of SRA?
A
No remedy at all
B
Second Appeal
C
Regular Appeal
D
Only Review or Revision
Correct Option: D
Legal Explanation:
No appeal or review (usually revision is the path) lies from Section 9 orders.
12. Specific performance of a contract is generally enforceable when?
A
The plaintiff is a minor
B
The defendant is rich
C
Monetary compensation is not an adequate relief
D
The contract is oral
Correct Option: C
Legal Explanation:
Section 12(c) deals with cases where money is not enough.
13. Which of the following contracts cannot be specifically enforced?
A
A contract to marry
B
A contract to build a house
C
A contract of mortgage
D
A contract to sell land
Correct Option: A
Legal Explanation:
Contracts involving personal skill or volition cannot be enforced under Section 21.
14. What does "Rectification of Instruments" mean under Section 31?
A
Increasing the stamp duty
B
Correcting a document to reflect the true intent of parties
C
Cancelling a document entirely
D
Signing a document again
Correct Option: B
Legal Explanation:
Rectification is for correcting mutual mistakes in a written instrument.
15. Under which circumstances can a contract be rescinded?
A
When the plaintiff changes his mind
B
When the contract is voidable by the plaintiff
C
When the property value increases
D
When the contract is perfectly valid
Correct Option: B
Legal Explanation:
Section 35 allows rescission of voidable contracts.
16. সুনির্দিষ্ট প্রতিকার আইনের ৯ ধারার মামলায় সরকার পক্ষ কি হতে পারে?
A
বাদী
B
বিবাদী
C
সরকারের বিরুদ্ধে এ মামলা চলে না
D
উভয়ই
Correct Option: C
Legal Explanation:
ধারা ৯ অনুযায়ী সরকারের বিরুদ্ধে স্থাবর সম্পত্তির দখল পুনরুদ্ধারের মামলা দায়ের করা যায় না।
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