Thursday, 23 June 2016

Anand Desai Committee on Specific Relief Act, 1963 submits report

a) An expert committee headed by Anand Desai, set up to examine the Specific Relief Act, 1963 has submitted its report to Union Law and Justice minister Sadananda Gowda. b) The committee stressed on the need for change in the present scheme of act so that specific performance is granted as a general rule and grant of compensation or damages for non-performance remains as an exception.  c) Modifications
proposed by the committee are as follows:
i.To change the approach, from damages being the rule and specific performance being the exception, to specific performance being the rule, and damages being the alternate remedy.
ii.To provide guidelines for reducing the discretion granted to courts and tribunals while granting performance and injunctive reliefs.
iii.To introduce provisions for rights of third parties (other than for Government contracts).
iv.To consider addressing unconscionable contracts, unfair contracts, reciprocity in contracts etc., and implied terms.

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