Specific Relief Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 44 of Specific Relief Act: Repeal
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[Repealed by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule.]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 44
Section 44 of the Specific Relief Act, 1963 formally repealed the Specific Relief Act, 1877, and was subsequently repealed by the Repealing and Amending Act, 1974, leaving the 1963 Act as the sole governing statute for specific relief in India.
Repeal of 1877 Enactment: Repealed the predecessor Specific Relief Act, 1877 (Act 1 of 1877).
Repeal of Repealing Provision: Section 44 itself was repealed by the Repealing and Amending Act, 1974.
No Revivor Rule: Under Section 6A of the General Clauses Act, 1897, the repeal of Section 44 does not revive the 1877 Act.
Exclusive Code: Leaves the Specific Relief Act, 1963 as the sole, unified statutory code for equitable remedies in India.
Key Landmark Precedents:
Adhunik Steels Ltd. v. Orissa Manganese and Minerals (P) Ltd., (2007) 7 SCC 125: The Supreme Court affirmed that the 1963 Act completely replaced the 1877 enactment, modernizing Indian specific relief jurisprudence.
B. Santoshamma v. D. Sarala, (2020) 19 SCC 80: Highlighted that specific performance in India is governed exclusively by the 1963 Act as amended in 2018.
Courtroom Practice & Strategic Litigation Guidance:
Section 44 confirms the complete extinction of the 1877 Act; all claims for specific performance, injunctions, or declarations must be instituted strictly under the 1963 Act.
Legal Commentary & Landmark Judgments: Section 44
Section 44 of the Specific Relief Act, 1963 formally repealed the Specific Relief Act, 1877, and was subsequently repealed by the Repealing and Amending Act, 1974, leaving the 1963 Act as the sole governing statute for specific relief in India.
Section 44 confirms the complete extinction of the 1877 Act; all claims for specific performance, injunctions, or declarations must be instituted strictly under the 1963 Act.