Section 2: Definitions

Specific Relief Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963

Legal Commentary & Landmark Judgments: Section 2

Section 2 of the Specific Relief Act, 1963 defines the foundational terms for the statute, including 'obligation', 'settlement', 'trust', and 'trustee', anchoring equitable duties enforceable in civil courts.

  • Definition of 'Obligation': Section 2(a) defines 'obligation' as including every duty enforceable by law, encompassing contractual, statutory, and quasi-contractual obligations.
  • Definition of 'Settlement': Section 2(b) defines 'settlement' as any non-testamentary instrument in writing whereby the destination or devolution of successive interests in movable or immovable property is disposed of or agreed to be disposed of.
  • Definitions of 'Trust' & 'Trustee': Section 2(c) and (d) adopt the meanings assigned in the Indian Trusts Act, 1882, including fiduciaries, constructive trustees, and persons holding property for another.
Key Landmark Precedents:
  • Adhunik Steels Ltd. v. Orissa Manganese and Minerals (P) Ltd., (2007) 7 SCC 125: The Supreme Court analyzed the statutory concepts of obligation and equitable relief under Section 2, holding that specific relief is available to enforce definite civil obligations recognized by law.
  • Cotton Corporation of India v. United Industrial Bank Ltd., (1983) 4 SCC 625: Affirmed that the definition of obligation provides the jurisdictional anchor for granting preventive and mandatory injunctions.
Courtroom Practice & Strategic Litigation Guidance:

In plaints seeking specific enforcement of negative covenants or fiduciary duties, explicitly ground the duty in the expansive definition of 'obligation' under Section 2(a) read with Section 38.