LEGAL REMEDIES
Legal Remedies
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Remedies under Specific Relief Act, 1963
Remedies under the Contract Law
Remedies under Tort Law
Remedies under Matrimonial Laws
Remedies under the Constitution
Remedies under the Arbitration and
Conciliation Act, 1996
Remedies under Specific Relief Act, 1963
• Recovery of possession of immoveable
property
• Recovery of possession of moveable
property
• Specific performance of contract
• Rectification of contract
• Rescission of contract
• Cancellation of an instrument
• Declaratory decree
• Injunctions
• A 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?
Recovery 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.
Recovery of possession of movable property:
 Specific and immediate recovery of
movable property can be obtained by the
plaintiff
 when the defendant holds it as a trustee or
agent of the plaintiff or
 when compensation is not an adequate
relief or
 when assessment of damages is difficult
• A 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?
• A agrees with B to sell his house
together with one of the three godowns 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?
Specific performance of Contract
– Specific performance of contract may be enforced
– when the actual damage is not ascertainable and
– when compensation is not an adequate relief.
Rectification of Contract
– Rectification 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.
• A 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?
Rescission of Contract
– 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 instrument
– Cancellation 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.
• A 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?
Declaratory decree
– Declaratory decree is a specific relief that
can be obtained by the plaintiff against the
defendant
– when the plaintiff is entitled to any right
and
– the defendant denies or is interested to
deny the plaintiff’s title to such right.
• ‘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?
Injunctions
– 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.
Remedies 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:
– (Dealt with under the Specific Relief Act, 1963)
Remedies under Tort Law
• Unliquidated damages:
– Unliquidated damages are damages awarded to
the party suffering a violation of a right or breach
of duty
– which may be general, special, nominal,
contemptuous or exemplary
– based on the facts and circumstances of the case.
• Specific Restitution of the Property:
– (Provided under the Specific Relief Act, 1963)
• Injunctions:
– (Provided under the Specific Relief Act, 1963)
Remedies 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 relationship
• Judicial Separation:
– Direction by the court to the wife and husband to
live separately before divorce is granted
• Divorce:
– Dissolution of marriage on various grounds like
cruelty, desertion, adultery, etc.
• Repudiation 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.
Remedies under the Constitution
• Writs under Articles 32 and 226 in the form
of
– Habeas Corpus
– Mandamus
– Certiorari
– Prohibition
– Quo Warranto
Remedies under the Arbitration and
Conciliation Act, 1996
Arbitration
• 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.
• Appointment 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.
• After 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.
Conciliation
• Parties 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 dispute
• Proceedings commence when the other
party accepts the invitation to conciliate.
• There 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.
• Parties 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.
Any questions?
Thank you.