Section 42 Of Specific Relief Act

Relief not granted to enforce penal law.

Section 42 of specific relief act. Specific relief 3 laws of malaysia act 137 specific relief act 1950 arrangement of sections part i preliminary section 1. A to deprive any person of any right to relief other than specific performance which he may have under any contract. Specific relief how given 5.

Of section 5 is called preventive relief. In section 42 of the specific relief act the expression legal character or status denotes a character or status conferred by law on an individual or a number of individuals viewed as a unit of society and not shared by the generality of the community but only by individuals placed in the same category of character. For the reasons stated above 1 am of the considered opinion that the suit for the.

The property would be affected. Relief not granted to enforce penal law part ii specific relief chapter i recovering possession of property possession of. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws.

Ministry of law and justice. The object of section 34 is to clear the cloud hovering the legal character of the plaintiff or on his right to property. Section 42 of the specific relief act 1963 provides that.

This act may be called the specific relief act 1877. Injunction to perform negative agreement notwithstanding anything contained in clause e of section 41 where a contract comprises an affirmative agreement to do a certain act coupled with a negative agreement express or implied not to do a certain act the circumstances that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement. On consideration of the aforesaid the position that emerges is that law governing suits for bare declaration stands codified in section 34 of the specific relief act 1963 section 42 of the old act.

The specific relief act 1963. Shafi a choudhury vs pubali bank ltd 54 dlr 310. Notwithstanding anything contained in clause e of section 41 where a contract comprises an affirmative agreement to do a certain act coupled with a negative agreement express or implied not to do a certain act the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative.