Alternative prayer for rescission in suit for specific performance CHAPTER V. OF THE CANCELLATION OF INSTRUMENTS. When cancellation may be ordered What instruments may be partially cancelled Power to require party for whom instrument is cancelled to make com pensation CHAPTER VI. OF DECLARATORY DECREES. Discretion of Court as to declarations of status or right Bar to such declaration Effect of declaration. CHAPTER VII. OF THE APPOINTMENT OF RECEIVERS. Appointment of Receivers discretionary Reference to Code of Civil Procedure CHAPTER VIII. OF THE ENFORCEMENT OF PUBLIC DUTIES. Power to order public servants and others to do certain specific acts ACT No. I OF 1877. PASSED BY THE GOVERNOR GENERAL OF (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 kinds1 of specific relief obtainable in civil suits; It is hereby enacted as follows:— PART I PRELIMINARY. 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; extent. And it shall come into force on the first day of May 1877. Commence ment. 2. On and from that day the Acts specified in the Schedule Repeal of hereto annexed shall be repealed to the extent mentioned in its third column. 1 The Act is not exhaustive.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 VOL. I. 3 P Relief Act, sec. 9 (but no other part enactments. Interpretationclause. 'obliga tion.' 'trust.' 'trustee.' 3. In this Act, unless there be something repugnant in the subject or context, obligation' includes every duty enforceable by law1: 'trust' includes every species of express, implied, or constructive fiduciary ownership : 'trustee' includes every person holding, expressly, by implication, or constructively, a fiduciary character2: Illustrations. (a) Z bequeaths land to 4, 'not doubting that he will pay thereout an annuity of Rs. 1000 to B for his life.' A accepts the bequest. A is a trustee, within the meaning of this Act, for B, to the extent of the annuity". (b) A is the legal, medical, or spiritual adviser of B. By availing himself of his situation as such adviser, A gains some pecuniary advantage which might otherwise have accrued to B. A is a trustee, for B, within the meaning of this Act, of such advantage‘. (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". (e) 4, 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". (g) 4 buys certain land with notice that B has already con whether the duty arise out of tort or out of contract. 2 A director of a company, for instance, 9 Bom. 394. 3 Parsons v. Baker, 18 Ves. 476. Here 4 has gained the advantage by undue influence.' The burden of establishing the fairness of the transaction is on A, at least when he is B's legal adviser, L. R. 1 Ind. App. 206. The same principle appears in case of parent and child, guardian and ward, trustee and beneficiary, and in. deed wherever confidence exists be 8 tween the parties. 5 Rushworth's Case, Freem, 13. Bentley v. Craven, 18 Beav. 75See Massey's Case, 2 Ves 317. Illustration (e) was suggested by Mr. Pitt Kennedy, who said that in the course of his practice he had found that in a considerable district in Bengal, not only the managers of indigo factories, but the judicial officers, seemed to consider the gain perfectly legitimate for the managers. This Act contains no definition of '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 2. ment.' 'settlement' means any instrument (other than a will or 'settlecodicil 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: defined in and all words occurring in this Act, which are defined in Words the Indian Contract Act, 18724, shall be deemed to have the Contract meanings respectively assigned to them by that Act. 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 5; (b) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or (c) to affect the operation of the Indian Registration Act on documents. 5. Specific relief is given (a) by taking possession of certain property and delivering it to a claimant7; (6) 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; Specific relief how given. |