Specific Relief Act

This Act may be cited as the Specific Relief Act.

In this Act —

“obligation” includes every duty enforceable by law;

“settlement” means any instrument (other than a will or codicil)

whereby the destination or devolution of successive interests in movable or immovable property is disposed of or is agreed to be disposed of;

“trust” includes every species of express, implied or constructive fiduciary ownership;

“trustee” includes every person holding, expressly, by implication or constructively, a fiduciary character.

Illustrations

Z. bequeaths land to A., “not doubting that he will pay thereout an annuity of $1,000 to B. for his life.” A. accepts the bequest. A. is a trustee, within the meaning of this Act, for B., to the extent of the annuity.

A. is the legal, medical or spiritual adviser of B. By availing himself of his situation as such adviser, A. gains some pecuniary advantage which might otherwise

A., being B.’s banker, discloses, for his own purpose, the state of B.’s account. A. is a trustee, within the meaning of this Act, for B., of the benefit gained by him by means of such disclosure.

A., one of several partners, is employed to purchase good for the firm. A., unknown to his co-partners, supplies them, at the market-price, with goods previously bought by himself when the price was lower, and thus makes a considerable profit. A. is a trustee, for his co-partners, within the meaning of this Act, of the profit so made.

A., the manager of B.’s indigo-factory, becomes agent for C., a vendor of indigo-seed, and receives, without B.’s assent, commission on the seed purchased from

All words occurring in this Act, which are defined in the

Except where it is herein otherwise expressly provided, nothing in this Act shall be deemed —

to give any right to relief in respect of any agreement which is not a contract;

to deprive any person of any right to relief, other than specific performance, which he may have under any contract; or

to affect the operation of any law in force for the time being relating to the registration of documents.

Specific relief is given —

by taking possession of certain property and delivering it to a claimant;

by ordering a party to do the very act which he is under an obligation not to do;

by preventing a party from doing that which he is under an obligation not to do;

by determining and declaring the rights of parties otherwise than by an award of compensation; or

by appointing a receiver.

Specific relief granted under section 4(c) is called preventive relief.

Specific relief cannot be granted for the mere purpose of enforcing a penal law.

It is hereby declared that, for the avoidance of doubt and without prejudice to any other provision of this Act, the remedy of judicial review is and shall not be available in any court in respect of any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion by His

In this section, “judicial review” means proceedings instituted by any manner whatsoever including, but not limited to, proceedings by way of —