Delhi HC: Writ Petition Not Maintainable Against Provisional Attachment When PMLA Remedy Exists || Rajasthan HC: Magistrate Can’t Order Secured Creditor to Pay Police Expenses For Asset Possession || Orissa HC: Court Can’t Permit Intervenors Without Reason or Compel Plaintiff to Join Unrelated Party || Delhi HC: Section 498A IPC Applies Even if Marriage is Later Declared Invalid || AP HC: State Can’t Cite Financial Constraints to Withhold Gratuity, Denying Retirees Violates Art 21 || Madras HC: Marriage Does Not Grant Men Absolute Authority, Woman’s Endurance is Not Consent || Delhi HC: Ordinary Marital Friction or Taunts Do Not Constitute Cruelty under Law || Punjab & Haryana HC: Family Property Disputes Cannot Be Resolved under Maintenance of Parents Act || Delhi HC: Bribe Profits Invested in Shares Are Proceeds of Crime and Attachable under PMLA || Delhi HC: 'No Coercive Steps' Does Not Mean Stay or Suspension of Investigation

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 :