Specific Relief Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 43 of Specific Relief Act: Amendment of Act 10 of 1940
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
[Repealed by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule.]
Legal Commentary & Landmark Judgments: Section 43
Section 43 of the Specific Relief Act, 1963 was a formal amendment section that amended the Arbitration Act, 1940, and was subsequently repealed by the Repealing and Amending Act, 1974 without affecting substantive law.
Historical Arbitration Amendment: Originally amended the Arbitration Act, 1940 to align arbitration enforcement with specific relief provisions.
Repeal by Act 56 of 1974: Formally repealed by the Repealing and Amending Act, 1974 after its spent amending function was executed.
Arbitration Act 1996 Supersession: Completely superseded by the Arbitration and Conciliation Act, 1996, which contains its own self-contained enforcement mechanisms.
Key Landmark Precedents:
Sundaram Finance Ltd. v. NEPC India Ltd., (1999) 2 SCC 479: The Supreme Court noted that modern commercial arbitration under the 1996 Act operates independently of historical 1940 Act amendments.
Adhunik Steels Ltd. v. Orissa Manganese and Minerals (P) Ltd., (2007) 7 SCC 125: Discussed the interplay between Section 9 interim measures under the Arbitration Act and principles of the Specific Relief Act.
Courtroom Practice & Strategic Litigation Guidance:
Section 43 is repealed and spent; for interim injunctions in arbitration matters, invoke Section 9 of the Arbitration and Conciliation Act, 1996 read with Specific Relief principles.
Legal Commentary & Landmark Judgments: Section 43
Section 43 of the Specific Relief Act, 1963 was a formal amendment section that amended the Arbitration Act, 1940, and was subsequently repealed by the Repealing and Amending Act, 1974 without affecting substantive law.
Section 43 is repealed and spent; for interim injunctions in arbitration matters, invoke Section 9 of the Arbitration and Conciliation Act, 1996 read with Specific Relief principles.