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The Specific Relief Act, 1963: page 10
The Specific Relief Act, 1963, India Code delivered snapshot 6785305b261cbbde, physical page 10. Unreviewed extraction.
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Explanation.—For the purposes of this section, section 20B and clause (ha) of section 41, the
expression “infrastructure project” means the category of projects and infrastructure Sub-Sectors specified
in the Schedule.
(2) The Central Government may, depending upon the requirement for development of infrastructure
projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend
the Schedule relating to any Category of projects or Infrastructure Sub-Sectors.
(3) Every notification issued under this Act by the Central Government shall be laid, as soon as may be
after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the notification or both Houses agree that the notification should not be made,
the notification shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to the validity of
anything previously done under that notification.
20B. Special Courts.—The State Government, in consultation with the Chief Justice of the High Court,
shall designate, by notification published in the Official Gazette, one or more Civil Courts as Special Courts,
within the local limits of the area to exercise jurisdiction and to try a suit under this Act in respect of
contracts relating to infrastructure projects.
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20C. Expeditious disposal of suits.—Notwithstanding anything contained in the Code of Civil
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Procedure, 1908 (5 of 1908), a suit filed under the provisions of this Act shall be disposed of by the court
within a period of twelve months from the date of service of summons to the defendant:
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Provided that the said period may be extended for a further period not exceeding six months in
aggregate after recording reasons in writing for such extension by the court.]
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21. Power to award compensation in certain cases.—(1) In a suit for specific performance of a
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contract, the plaintiff may also claim compensation for its breach 1[in addition to] such performance.
(2) If, in any such suit, the court decides that specific performance ought not to be granted, but that
there is a contract between the parties which has been broken by the defendant, and that the plaintiff is
entitled to compensation for that breach, it shall award him such compensation accordingly.
(3) If, in any such suit, the court decides that specific performance ought to be granted, but that it is not
sufficient to satisfy the justice of the case, and that some compensation for breach of the contract should
also be made to the plaintiff, it shall award him such compensation accordingly.
(4) In determining the amount of any compensation awarded under this section, the court shall be guided
by the principles specified in section 73 of the Indian Contract Act, 1872 (9 of 1872).
(5) No compensation shall be awarded under this section unless the plaintiff has claimed such
compensation in his plaint:
Provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall,
at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a
claim for such compensation.
Explanation.—The circumstances that the contract has become incapable of specific performance does
not preclude the court from exercising the jurisdiction conferred by this section.
22. Power to grant relief for possession, partition, refund of earnest money, etc.—(1)
Notwithstanding anything to the contrary contained in the Code of Civil Procedure,1908 (5 of 1908), any
person suing for the specific performance of a contract for the transfer of immovable property may, in an
appropriate case, ask for—
(a) possession, or partition and separate possession, of the property, in addition to such
performance; or
1. Subs. by Act 18 of 2018, s. 11, for “, either in addition to, or in substitution of, ” (w.e.f. 1-10-2018).
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