« 이전계속 »
OF THE RESCISSION OF CONTRACTS.
When rescission may be adjudged
35 36 37
OF THE CANCELLATION OF INSTRUMENTS.
When cancellation may be ordered
Power to order public servants and others to do certain specific acts
49 50 51
ACT No. I OF 1877.
PASSED BY THE GOVERNOR GENERAL OF
INDIA IN COUNCIL.
(Received the assent of the Governor General on the 7th February, 1877.)
An Act to define and amend the law relating to
certain kinds of Specific Relief.
WHEREAS it is expedient to define and amend the law Preamble. relating to certain kinds of specific relief obtainable in civil suits ; It is hereby enacted as follows :
1. This Act may be called The Specific Relief Act, 1877: Short title.
It extends to the whole of British India, except the Sche- Local duled Districts as defined in Act No. XIV of 18742;
And it shall come into force on the first day of May 1877. Commence
2. On and from that day the Acts specified in the Schedule Repeal of hereto annexed shall be repealed to the extent mentioned in enact
ments. its third column.
1 The Act is not exhaustive. See for instance the Code of Civil Procedure, sched. iv. Nos. 105-110, 113.
2 And under Act XX of 1886, sec. 8, and the second Schedule, the Specific
Relief Act, sec. 9 (but no other part
3. In this Act, unless there be something repugnant in the subject or context,
obligation’ includes every duty enforceable by lawl:
trust' includes every species of express, implied, or constructive fiduciary ownership:
• trustee' includes every person holding, expressly, by im-
(6) A is the legal, medical, or spiritual adviser of B. By avail-
(c) A, being B's banker, discloses for his own purpose the state of B's account. A is a trustee, within the meaning of this Act, for B, of the benefit gained by him by means of such disclosure.
(d) A, the mortgagee of certain leaseholds, renews the lease in his own name. A is a trustee, within the meaning of this Act, of the renewed lease, for those interested in the original lease 5.
(e) A, one of several partners, is employed to purchase goods for the firm. A, unknown to his co-partners, supplies them, at the market-price, with goods previously bought by himself when the price was lower, and thus makes a considerable profit. A is a trustee, for his co-partners, within the meaning of this Act, of the profit so made.
(f) A, the manager of B's indigo-factory, becomes agent for C, a vendor of indigo-seed, and receives, without B's assent, commission on the seed purchased from C for the factory. A is a trustee, within the meaning of this Act, for B, of the commission so received (9) A buys certain land with notice that B has already con
whether the duty arise ont of tween the parties. tort or out of contract.
• Rushworth's Case, Freem. 13. : A director of a company, for in- • Bentley v. Craren, 18 Bear. 75. stance, 9 Bom. 394.
* See Massey's Case, 2 Ves. 317. Parsons v. Baker, 18 Ves. 476. Illustration (e) was suggested by Mr. • Here A has gained the advantage Pitt Kennedy, who said that in the by 'undue influence.' The burden of course of his practice he had found establishing the fairness of the trans- that in a considerable district in action is on A, at least when he is Bengal, not only the managers of B's legal adviser, L. R. 1 Ind. App. indigo factories, but the judicial off 206. The same principle appears in cers, seemed to consider the gain par case of parent and child, guardian and fectly legitimate for the managers. ward, trustee and beneficiary, and in. * This Act contains no definition of deed wherever confidence exists be- .notice,' nor is there one in the
tracted to buy it. A is a trustee, within the meaning of this Act, for B, of the land so bought.
(h) A buys land from B, having notice that C is in occupation of the land. A omits to make any inquiry as to the nature of C's interest therein. A is a trustee, within the meaning of this Act, for C, to the extent of that interest ?. settlement' means any instrument (other than a will or 'settle
ment.' codicil as defined by the Indian Succession Act) whereby the destination or devolution of successive interests in moveable or immoveable property is disposed of or is agreed to be disposed of : and all words occurring in this Act, which are defined in Words
defined in the Indian Contract Act, 18724, shall be deemed to have the Contract meanings respectively assigned to them by that Act.
4. Except where it is herein otherwise expressly enacted, Savings. nothing in this Act shall be deemed
(a) to give any right to relief in respect of any agreement which is not a contract;
(6) to deprive any person of any right to reliefs, other than specific performance, which he may have under any contract;
(c) to affect the operation of the Indian Registration Act on documents.
5. Specific relief is given
relief how (a) by taking possession of certain property and delivering
given. it to a claimant 7.
(6) by ordering a party to do the very act which he is under an obligation to do 8 ;
(c) by preventing a party from doing that which he is under an obligation not to do'; General Clauses Act. The Courts 'coercion,' undue influence,' • fraud,' would probably adopt that contained misrepresentation,' and 'mistake.' in the Transfer of Property Act The definitions in the General Clauses (supra, p. 747) and the Trusts Act Act, supra pp. 487-489, also apply to (supra, p. 838).
the Specific Relief Act. * See previous note.
5 Such as an agreement to perform Taylor v. Stibbert, 2 Ves. Jun. some merely moral or religious duty. 437 : Daniel v. Davison, 16 Ves. 249: • e. g. damages, the right to dissolve 17 Ves. 433.
a partnership. 3 where the instrument is a will
Chap. I. or codicil, see infra, sec. 12, cl. (a), . Chaps. II and V. and sec. 30.
9 Chaps. IX and X. • such as agreement,' 'contract,'