Anand Desai led Expert committee set up to examine the Specific Relief Act, 1963 on 20 June 2016 submitted its report to Union Law & Justice Minister DV Sadananda Gowda.
In its report the committee has recommended modifications in the Specific Relief Act, 1963, which will help in ensuring the ease of doing business.
Recommendation of the committee includes
• To change the approach, from damages being the rule and specific performance being the exception, to specific performance being the rule, and damages being the alternate remedy.
• To provide guidelines for reducing the discretion granted to Courts and tribunals while granting performance and injunctive reliefs so that public works projects is not be impeded or stalled.
• To introduce provisions for rights of third parties (other than for Government contracts).
• To consider addressing unconscionable contracts, unfair contracts, reciprocity in contracts etc., and implied terms.
• Need to classify diverse Public utility Contracts as a distinct class recognising the inherent public interest/importance to be addressed in the Act.
About Specific Relief Act 1963
The Act was enacted by the Parliament to replace the earlier Act of 1877 with an aim to assure that whenever there is a wrong there must be a remedy.
The Act does not confer any Rights on itself. Specific relief is only provided for the violation of a legal right.
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What: Submitted its report
When: 20 June 2016