ANALYSIS OF INDIAN SPECIFIC RELIEF ACT

The Specific Relief Act, 1963 is a significant piece of legislation in India dealing with contract and civil laws whereby individuals obtain redress where there is infringement of their legal or contractual rights. Instead of damages which involve monetary compensation specific relief involves the performance of an obligation or a right in real sense. The rationale behind the granting of specific relief in this case is placing the aggrieved party in a similar position that he/she would have been had the obligation or right been fulfilled. The Specific Relief Act falls under the category of equity law since such law is based on justice and fairness. Equity remedies are granted by the court whenever monetary compensation is not enough to correct the injustice suffered by the aggrieved party. This is applicable in situations whereby a unique piece of property is at stake and where intellectual property rights are involved.