New Delhi: Senior Supreme Court lawyer and Author Dr. Amar S Mulla’s book on “The Specific Relief Act, 1963”, which governs the granting of specific relief in civil cases, was launched at an event in New Delhi on Monday.
The book, published by the Delhi Law House, was unveiled in the presence of the who’s who from the world of law.
“We have left no stone unturned to present the prevailing law in a nutshell in this instant single-volume classic commentary. The book is up-to-date and with a point-to-point approach serves as a classic commentary on the act. We have presented the case law with suitable headings to upgrade its utility index, which in turn is also easy to use. We have also appended a prolific subject index for quick references and are confident that the book will enjoy the legal world’s appreciation,” advocate Dr. Amar Mulla said on the occasion.
Specific relief refers to a discretionary remedy granted by the court and is aimed at ensuring justice in cases where monetary compensation is not an adequate solution. It is based on principles of fairness and justice rather than strict legal rules. The scope of specific relief is broad and covers a wide range of contractual and civil disputes. It applies to cases involving contracts for the sale or lease of property, partnership, intellectual property rights, trusts, and breach of contract amongst others.
The Specific Relief Act, 1963, governs the granting of specific relief and provides for legal remedy to enforce specific performance or prevent the breach of obligations. It imposes certain limitations on the grant of specific relief. It includes cases where monetary compensation is an adequate remedy, cases involving personal service contracts, contracts dependent on the personal qualifications of the parties and cases where the performance of the contract involves continuous supervision by the court.
The Specific Relief (Amendment) Act, 2018 was enacted 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 alternative remedy”. The Act was passed to encourage foreign investment in India and make laws more business friendly.
Dr. Amar Mulla, one of the top-most and youngest authors in the field, has earlier penned commentaries on the Code of Criminal Procedure, Hindu Law, the Indian Contract Act of 1872, The Transfer of Property Act of 1882, the Indian Succession Act of 1925, Law of Maintenance for Hindu-Muslim women, maintenance with senior citizen parents, etc. He has been a strong supporter of abolition of Article 370 and is now working to create support with regards to the uniform civil code.
Dr. Amar Mulla’s illustrious legal career is highlighted by his unwavering dedication to the empowerment of Muslim women. His key role in championing the Triple Talaq Act reflects his commitment to addressing the rights and well-being of Muslim women. He has positioned himself as a catalyst for positive change, emphasising gender equality and social justice by advocating against the unjust practice of instant triple talaq. He serves on the Home Ministry’s advisory body and was selected as general secretary of the International Council of Jurists, London.
