Code: Section 3 of The Specific Relief Act, 1963
Except as otherwise provided herein, nothing in this Act shall be deemed—
(a) to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or
(b) to affect the operation of the Indian Registration Act, 1908 (16 of 1908), on documents.
Explanation of Section 3 of the Specific Relief Act
Section 3 of the Specific Relief Act serves as a savings clause. It clarifies the scope of the Act and ensures that its provisions do not override or interfere with existing legal rights and statutes, unless explicitly mentioned.
Key Takeaways:
- This section ensures that rights under a contract—aside from the relief of specific performance—are unaffected. This includes remedies like compensation, rescission, or restitution available under the Indian Contract Act, 1872.
- It also confirms that the Specific Relief Act does not interfere with the provisions of the Indian Registration Act, 1908. Hence, all rules about the registration of documents remain in full effect.
Illustration
Example 1: Right to Compensation Unaffected
If a person is entitled to compensation under a contract but is not seeking specific performance, Section 3(a) ensures that this right is preserved and can be pursued under contract law.
Example 2: Registration Requirements Still Apply
Suppose a deed of settlement is executed and should be registered under the Indian Registration Act, 1908. Section 3(b) clarifies that this Act does not exempt such documents from the requirement of registration.
Common Questions and Answers
- What does Section 3 of the Specific Relief Act protect?
It protects contractual rights and the applicability of the Indian Registration Act, 1908, ensuring they are not overridden by the provisions of this Act. - Does the Specific Relief Act provide all remedies under a contract?
No. Section 3(a) makes it clear that reliefs other than specific performance—like compensation or cancellation—can still be sought under other laws. - Can documents governed by the Registration Act be affected by this Act?
No. Section 3(b) states that this Act does not interfere with the Indian Registration Act, 1908.
Conclusion
Section 3 of the Specific Relief Act, 1963 acts as a safeguard. It preserves rights available under other laws and ensures that the Specific Relief Act is not misinterpreted as overriding existing legal remedies or statutory requirements like registration. It plays a crucial role in maintaining harmony between overlapping laws.
To explore more provisions of the Specific Relief Act in clear, structured language, visit ApniLaw.
