2Legal Remedies Remedies under Specific Relief Act, 1963 Remedies under the Contract LawRemedies under Tort LawRemedies under Matrimonial LawsRemedies under the ConstitutionRemedies under the Arbitration and Conciliation Act, 1996
3Remedies under Specific Relief Act, 1963 Recovery of possession of immoveable propertyRecovery of possession of moveable propertySpecific performance of contractRectification of contractRescission of contractCancellation of an instrumentDeclaratory decreeInjunctions
4A is in possession of a house taken on lease for a period of 9 months from its owner B. But before the period of lease expired, A was dispossessed of it by B. What is the remedy available to A?A pledges some family jewels to B to secure a loan which has to be repaid within a year. After 6 months, A goes to B and offers to repay the loan. B refuses to return the jewels. What is the remedy available to A?
5Recovery of possession of immoveable property: Where a person in possession of immoveable property is dispossessed without his consent and otherwise than in due course of law, he is entitled to recover possession if he comes to court within 6 months.
6Recovery of possession of movable property: Specific and immediate recovery of movable property can be obtained by the plaintiffwhen the defendant holds it as a trustee or agent of the plaintiff orwhen compensation is not an adequate relief orwhen assessment of damages is difficult
7A agrees to sell to B a silver tobacco box which belonged to B’s father. It was sold outside B’s family sometime in distress. Subsequently, A refuses to sell it to B. What is the remedy available to B?
8A agrees with B to sell his house together with one of the three go-downs adjacent to it. But, in the deed of agreement purporting to incorporate this agreement, all the three go-downs were included under the terms of sale due to the common mistake. What is the remedy available to A?
9Specific performance of Contract Rectification of Contract Specific performance of contract may be enforcedwhen the actual damage is not ascertainable andwhen compensation is not an adequate relief.Rectification of ContractRectification of a contract or instrument which does not represent the actual intention of the parties because of fraud or mutual mistake can be ordered to be rectified by the court at the instance of either parties to the agreement.
10A sells a field to B. There is a right to way over the field of which A has direct personal knowledge. He conceals this from B. What is the remedy available to B?A conveys land to B, who bequeaths it to C and dies. D is in possession of a forged instrument which purports to establish that A conveyed the land to B in trust for D. What is the remedy available to C?
11Rescission of Contract Cancellation of an instrument Rescission is a specific relief to enable the plaintiff to free himself from any obligation arising out of a voidable agreement at his option.Cancellation of an instrumentCancellation of instrument can be sought by the plaintiff if the agreement is void or voidable and he has an apprehension that if it is left outstanding, it may cause him serious injury.
12A is not the wife of B. But she persistently boasts of marriage falsely alleged to have taken place between A and B. What is the remedy available to B?
13Declaratory decreeDeclaratory decree is a specific relief that can be obtained by the plaintiff against the defendantwhen the plaintiff is entitled to any right andthe defendant denies or is interested to deny the plaintiff’s title to such right.
14‘A’, a trustee for B is about to make an imprudent sale of trust property. What is the remedy available to B?‘A’, a lady agrees to sing at the theatre of B for one month, during which period, she would not sing at any other theatre. After giving two performances, she refused to sing at B’s theatre. What is the remedy available to B?
15Injunctions Injunctions may be perpetual or temporary. Perpetual – granted to prevent breach of an obligation existing in favour of a plaintiff.Temporary – granted for a specific time or until further orders of the court to maintain status quo.
16Remedies under the Contract Liquidated damages or Pre-estimated damages:Liquidated damages are the damages payable to the party suffering a breach of a contract.Specific performance of contract:(Dealt with under the Specific Relief Act, 1963)Injunctions:
17Remedies under Tort Law Unliquidated damages:Unliquidated damages are damages awarded to the party suffering a violation of a right or breach of dutywhich may be general, special, nominal, contemptuous or exemplarybased on the facts and circumstances of the case.Specific Restitution of the Property:(Provided under the Specific Relief Act, 1963)Injunctions:
18Remedies under Matrimonial Laws (Hindu Marriage Act, Muslim Law, Indian Divorce Act & Special Marriage Act)Restitution of Conjugal Rights:Direction by the court to the wife/husband to resume conjugal relationshipJudicial Separation:Direction by the court to the wife and husband to live separately before divorce is grantedDivorce:Dissolution of marriage on various grounds like cruelty, desertion, adultery, etc.
19Repudiation of Marriage: When the parties to the marriage are below 15 years, they are given a right to repudiate the marriage after attaining 15 years but before 18 years.Maintenance:Given to the wife or husband by the other spouse during judicial separation and after divorce.Nullity of Marriage:On application by a party, marriage, declared null and void on the ground that it has taken place between relatives of prohibited degree, impotency, pregnancy of woman before marriage, etc.
20Remedies under the Constitution Writs under Articles 32 and 226 in the form ofHabeas CorpusMandamusCertiorariProhibitionQuo Warranto
21Remedies under the Arbitration and Conciliation Act, 1996 Agreement by parties to submit to arbitration all or certain disputes which have arisen or which may arise between them out of a contract or a defined legal relationship.Number of arbitrations to be determined by parties but should not be even.
22Appointment of an Arbitrator to be challenged only on the ground of doubt on independence or impartiality or does not possess qualifications prescribed by the parties.Statement of claim and defence to be submitted to the arbitrator.
23After hearing the parties orally or through written arguments, passes the award in writing, giving reason and sign it.Application to set aside the award to be preferred within 3 months from the date of receipt of award.On the award becoming final, it shall be enforced as if it is a decree of the court.
24ConciliationParties may apply to conciliation of disputes arising out of legal relationships including contract.Any party to an agreement can write to the other party to conciliate any disputeProceedings commence when the other party accepts the invitation to conciliate.
25There shall be one or more conciliators appointed by the parties to the dispute. Parties to submit brief written statement regarding the nature of dispute and points at issue.He assists the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.
26Parties reaching agreement on a settlement of dispute have to draw up and sign written settlement agreement and it has to be authenticated by the conciliator.Settlement award has the same status and effect as if it were an arbitral award.