Which one of the following is NOT CORRECT?

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UGC NET Paper 2: History 16th June 2023 Shift 2
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  1. Code of Civil Procedure - 1859
  2. Negotiable Instruments Act - 1881
  3. Law of Contract - 1872
  4. Specific Relief Act - 1863

Answer (Detailed Solution Below)

Option 4 : Specific Relief Act - 1863
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UGC NET Paper 1: Held on 21st August 2024 Shift 1
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50 Questions 100 Marks 60 Mins

Detailed Solution

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Specific Relief Act - 1863 is NOT CORRECT.Key Points

  • The Specific Relief Act, 1963 is the current law in India that provides remedies for persons whose civil or contractual rights have been violated.
  • The earlier Specific Relief Act was enacted in 1877.
  • The main objective of the Specific Relief Act is to provide a speedy and effective remedy to the aggrieved party.
  • The Act provides for a number of specific reliefs, such as:
    • ​Recovery of possession of property
    • Specific performance of contracts
    • Rectification of instruments
    • Rescission of contracts
    • Cancellation of instruments
    • Declaratory decrees
    • Injunction
  • The court will grant specific relief only if it is just and equitable to do so.
  • The court will also consider the following factors when deciding whether to grant specific relief:
    • ​The nature of the right that has been violated
    • The likelihood of the aggrieved party being able to obtain monetary compensation
    • The hardship that would be caused to the other party if specific relief is granted
  • The Specific Relief Act is a complex piece of legislation.

Additional Information

  • Code of Civil Procedure - 1859:
    • The Code of Civil Procedure, 1859 was the first uniform civil procedure code in India.
    • It was enacted by the British colonial government and was applicable to the lower provinces of Bengal, the Presidencies of Madras and Bombay, and the North-Western Provinces.
  • Negotiable Instruments Act - 1881:
    • The Negotiable Instruments Act, of 1881 is a law that regulates the issuance and transfer of negotiable instruments, such as cheques, promissory notes, and bills of exchange.
  • Law of Contract - 1872:
    • The Indian Contract Act, of 1872 is a law that governs the formation, validity, and enforcement of contracts in India.
    • It is based on the principles of English common law.
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