Specific Relief Act 1950 (Act 137) [As At 25th July 2023]

Specific Relief Act 1950 (Act 137)

[As At 25th July 2023]

An Act relating to specific relief.

Detailed Contents of Specific Relief Act 1950 (Act 137):

The Specific Relief Act 1950 (Act 137) of Malaysia focuses on the concept of specific relief in law, wherein courts provide a particular remedy to address harm suffered when monetary compensation isn't sufficient. Here's a detailed overview of its contents:

Introduction: This section typically includes the Act's title, scope, and commencement.

Definitions: Defines key terms used throughout the Act to ensure clarity and consistency.

Contracts: Specifies circumstances under which contracts can be enforced through specific performance and outlines the scope and limitations of such enforcement.

Preventive Relief: Encompasses injunctions—both temporary and permanent—that either prevent parties from certain actions or compel them to perform specific acts.

Declaratory Relief: Pertains to declaratory judgments where the court clarifies rights or obligations without providing a specific remedy.

Mandatory Injunctions: Outlines conditions under which courts can issue mandatory injunctions, compelling parties to perform certain actions.

Discretionary Remedies: Discusses the court's discretion in granting specific relief and factors influencing its decisions.

Liability for Breach of Obligation: Addresses consequences of breaching obligations and available remedies for aggrieved parties.

Appointment of Receivers: Covers the appointment of receivers by the court to manage property or assets during disputes.

Recovery of Possession of Land: Specifies procedures for regaining possession of land and related remedies.

Compensation for Wrongful Possession of Land: Discusses compensation for wrongful land possession and related matters.

Preventive Relief in Respect of Contracts: Addresses specific relief options in contract-related cases, like specific performance and injunctions.

Special Provisions Relating to Contracts: Contains provisions addressing specific contract-related issues and enforcement.

Provisions as to Contracts and Torts: Deals with interactions between contract and tort law concerning specific relief.

Miscellaneous: Includes additional provisions not covered elsewhere in the Act.

Savings and Repeals: Specifies any saved or repealed previous legislation due to the Specific Relief Act 1950.

Overall, the Act aims to establish a comprehensive legal framework for courts to grant specific remedies in civil cases, ensuring fair relief for parties when monetary compensation falls short.