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Section 1: Short title, extent and commencement

Specific Relief Act • Official Statutory Text & Practice Guide

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Act 1963
All 44 Sections of Specific Relief Act Section 2

Legal Commentary & Landmark Judgments: Section 1

Section 1 of the Specific Relief Act, 1963 establishes the short title, territorial extent across India, and commencement on 1st March 1964, defining the specialized statutory code governing equitable remedies, specific performance of contracts, declaratory decrees, and injunctions.

  • Short Title: Formally titled the Specific Relief Act, 1963 (Act 47 of 1963).
  • Territorial Extent: Extends to the whole of India, applying uniformly across all States and Union Territories.
  • Commencement Date: Came into force on the 1st day of March, 1964, repealing the Specific Relief Act, 1877.
  • 2018 Amendment Watershed: Substantially transformed by the Specific Relief (Amendment) Act, 2018, converting specific performance from a discretionary remedy into a mandatory statutory entitlement under Section 10.
Key Landmark Precedents:
  • B. Santoshamma v. D. Sarala, (2020) 19 SCC 80: The Supreme Court highlighted that the 2018 amendment to the Specific Relief Act fundamentally shifted Indian contract enforcement from a damages-centric model to a mandatory performance model.
  • Suhrid Singh v. Randhir Singh, (2010) 12 SCC 112: The Supreme Court analyzed the structural remedies under the Specific Relief Act, distinguishing between suits for cancellation of deeds, declarations of invalidity, and consequential possession.
Courtroom Practice & Strategic Litigation Guidance:

In contract litigation, check whether the contract was executed prior to or after the 1st October 2018 amendment; post-amendment contracts enjoy mandatory specific performance under Section 10 without the traditional defense of mere damages adequacy.

All 44 Sections of Specific Relief Act Section 2