SC Explains When Shares Received After Company Amalgamation are Taxable as Business Income || SC: Excavators, Dumpers Etc Used Within Factories aren’t Motor Vehicles For Road Tax Purposes || SC: Complaints Alleging Fraud under Companies Act Can Be Filed Only By SFIO, Not By Private Parties || SC: Preventive Detention Cannot Override Bail and Requires Proof of a Threat to Public Order || Supreme Court: Multiple Complaints Are Valid For Dishonour of Several Cheques in One Transaction || SC: Bail Should Not be Refused Mechanically Nor Granted Based on Irrelevant Considerations || Gujarat HC: Motor Accident Compensation Doesn’t Cover Medical Expenses Paid by Charity || HP High Court: Panchayati Raj Elections Cannot Be Postponed Beyond Five-Year Term || Ker HC: Victim Cannot File Second Appeal Seeking Special Leave Against Acquittal Under S.419(4) BNSS || Delhi HC: Right to Higher or Professional Education is Fundamental and Cannot be Curtailed Lightly

Committee recommends modifications to Specific Relief Act 1963- (Ministry of Law and Justice) (20 Jun 2016)

MANU/PIBU/0496/2016

Contract

An Expert Committee set up to bring changes in specific performance trends submitted its report proposing amendments to the Specific Relief Act 1963.

The Committee suggests a change in approach, to make specific performance the rile, with damages being the alternative. It also proposes a more defined framework, which reduces courts’ discretion when granting performance and injunctive reliefs.

Being inherent to public interest, the Committee calls for recognising public contracts as a ‘distinct class’. It insists that such be managed through a monitoring system, one that limits interference by courts.

Tags : SPECIFIC RELIEF DAMAGES PUBLIC CONTRACTS

Share :