Specific Relief Act, 1963

Section 3

Bar of jurisdiction

⚡ Quick Answer Reference: Section 3 Specific Relief Act, 1963

Provision: Section 3 of Specific Relief Act, 1963
Act: Specific Relief Act, 1963
Classification: civil
Jurisdiction: India
Summary: This section prevents courts from granting specific relief in cases where the matter is covered under Section 14 of the Indian Contract Act, 1872, or where the contract has been fully performed. This means that if a contract has been fully completed, a court cannot order specific relief.

Statutory Content

What does Section 3 of Specific Relief Act, 1963 say?

No court shall grant any specific relief in respect of any of the matters specified in section 14 of the Indian Contract Act, 1872 (9 of 1872), or in respect of any breach of any contract which has been fully performed.

Indian StandardSection 3, Specific Relief Act, 1963

Bluebook (21st ed.)Specific Relief Act, 1963, § 3 (India)

Court Pleading StandardSection 3 of the Specific Relief Act, 1963

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

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Section Meaning & Purpose

What does Section 3 of Specific Relief Act, 1963 mean?

Plain English Explanation

This section prevents courts from granting specific relief in cases where the matter is covered under Section 14 of the Indian Contract Act, 1872, or where the contract has been fully performed. This means that if a contract has been fully completed, a court cannot order specific relief.

Practical Interpretation

In real-world practice, this section means that if a contract has been fully performed, the parties cannot seek specific relief from the court. For example, if a builder has completed a house, the buyer cannot ask the court to order the builder to make changes.

Core Legal Purpose

The core purpose of this section is to prevent courts from interfering with contracts that have been fully performed. This is to ensure that parties can rely on the terms of their contracts and that the court does not impose additional obligations on them.

Key Legal Elements

•The matter is covered under Section 14 of the Indian Contract Act, 1872.
•The contract has been fully performed.
•Specific relief cannot be granted in such cases.
•This section does not apply if the contract has not been fully performed.

Practical Example

Practical Example of Section 3 Specific Relief Act, 1963

Rajesh, a builder, has completed a house for Priya. However, Priya is not satisfied with the quality of the work and wants Rajesh to make changes. According to Section 3 of the Specific Relief Act, 1963, since the contract has been fully performed, Priya cannot ask the court to order Rajesh to make changes. This means that Rajesh is not obligated to make any further changes to the house.

Common Questions (FAQ)

Frequently Asked Questions about Section 3 Specific Relief Act, 1963

Q: What is the punishment or consequence under Section 3 of Specific Relief Act, 1963?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment.

Common Questions about Section 3 Specific Relief Act, 1963

What is Section 3 of Specific Relief Act, 1963?

Section 3 of the Specific Relief Act, 1963 (Specific Relief Act, 1963) defines and regulates "Bar of jurisdiction". In plain terms: This section prevents courts from granting specific relief in cases where the matter is covered under Section 14 of the Indian Contract Act, 1872, or where the contract has been fully performed. This means that if a contract has been fully completed, a court cannot order specific relief.

What are the elements of Section 3 of Specific Relief Act, 1963?

The essential elements of Section 3 of Specific Relief Act, 1963 are: The matter is covered under Section 14 of the Indian Contract Act, 1872.; The contract has been fully performed.; Specific relief cannot be granted in such cases..

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