Law of Specific Relief, Limitation and Public Demand Recovery

Law of Specific Relief, Limitation and Public Demand Recovery

Part? I- Preliminary:

Origin, Development, Purpose, Interpretation and Application of Law of Specific Relief, Specific Relief how given and when not accorded (Sec. 4 Nature of Preventative Relief, Relief can only be granted to protect and enforce rights in Suits of Civil Nature (Sec.7)

Part II. Specific Relief

A.      Recovering Possession of Property ? Section 9, 10 and 11

B.      Specific Performance of Contracts

(i) Contracts which may be specifically enforced

(ii) Contracts which can not be specifically enforced

(iii) Discretion of Court

(iv) For whom Contracts may be specifically enforced

(v)  For whom Contract can not be specifically enforced

(vi) Against whom Contract may be specifically enforced

C.      Rescission of Instrument: When Instrument may be rectified, Principle of

Recession, Specific Enforcement of Rectified Contract

D.      Rescission of Contract; When Rescission may be Adjudged, Alternative

Prayer for Rescission in Suit for Specific Performance

E.      Cancellation of the Instruments: When may Cancellation be ordered, When

Party may be required to make Compensation in case of Instrument be

Canceled

F.     Declaratory Decrees: Discretion of Court as to Declaration of Right and Bar

to Such Declaration, Effect of such Declaration

G.     Enforcement of Public Duties: Power to order Public Servants and Others

to do Specific Acts

Part? III Preventive Relief

Injunction Generally; Preventative Relief, Temporary and Perpetual Injunction. When such Injunctions are Granted and When Refused; Provisions relating to Mandatory Injunction

Law of Limitation:

Objective, Interpretation and Application of the Law of Limitation, Limitation and Prescription; Limitation & Estoppel; Limitation & Laches; Limitation & Prescription;

Waiver of Limitation; Limitations of Suits; Appeals and Applications; Computation of Period of Limitations; Grounds of Exemption from Extension of Period of Limitations; Suspension of Limitation; Acquisition of Ownership by Possession, Easement Rights & Adverse Possession, Limitation in Suits for Recovery of Land; Saving Acknowledgement; Adverse Possession; Effect of Fraud and Acknowledgement on Limitation;

The Public Demand Recovery:

Nature and Scope of Public Demands Recovery Law, Definitions, Filing, Service and Effect of Certificates, and Hearing of Objections thereto, Execution of Certificates, Attachment, Sale and Setting Aside of Sale; Resistance to Purchaser after Sale; Arrest, Detention and Release, Reference to Civil Court, Rules and Supplemental Provisions: Cost, Compensation, Appeal, Bar to Second Appeal, Revision, Review, application of Limitation Act, Penalties;

Relevant Laws:

1. The Specific Relief Act, 1877

2. The Limitation Act, 1908

1. The Public Demand Recovery Act, 1913

Books Recommended:

1. The Specific Relief Act by DLR Publication

2. Specific Relief Act by Shaukat Mahmood

3. The Specific Relief Act by R. S. Akbar Khan

4. The Law of Specific Relief by Annand & Iyers

5. Law of Specific Relief in India and Pakistan by O. P. Agarwal

6. Law of Specific Relief by S. C. Banerjee

7. Equity, Trust and Specific Relief Act by B.M. Gandhi

8. Equity, Trust and Specific Relief Act by D.D. Basu

9. Law on Injunction by DLR Publication

10. Limitation Act, 1908 by Dhaka Law Reports (DLR)

11. Law of Injunction by Siddiqur Rahman Miah

12. Law of Limitation by Shaukat Mahmood

13. Indian Limitation Act by D. F. Mulla

14. Condonation of Delay by Siddiqur Rahman Miah

15.  Commentaries on Limitation Act by R. Mitra

16. Limitation Act by S. A. Khan

17. The Limitation Act by Syed Akbar Raja

18. Public Demand Recovery Act by DLR publiucation

19. Law of Transfer of Property by Abdul Matin

20. Transfer of Property Act by Shaukat Mahmood

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)

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