Rectification of an Instrument | Specific Relief Act

Law of Equity

INTRODUCTION Rectification of an instrument refers to correcting or modifying an error, ambiguity, or mistake in a legal document or contract. It aims to ensure that the instrument accurately reflects the original intention of the parties or not. It also eliminates any inconsistencies or discrepancies that could lead to misunderstandings or disputes.   RELEVANT PROVISIONS … Read more

Rescission in Contract | Specific Relief Act

Law of Equity

INTRODUCTION Rescission means cancellation of the contract by mutual consent. The basic purpose and intent of the Equity Court is to grant maximum relief to the sufferer. When any contract is made through fraud, undue influence, coercion, mistake, or misrepresentation, it is voidable. All these contracts are rescindable. The Court may grant the relief of … Read more

Record of Rights | Land Revenue Act

Special & Local Laws

INTRODUCTION The record of rights is a collection of various revenue papers regarding an estate. Records of rights provide various information about a particular land. The assessment of land revenue payable, and disputes regarding land are determined in the light of determination Inland matters, the presumption of truth attached to the entries in the record … Read more

Cancellation of Instrument | Specific Relief Act

Law of Equity

INTRODUCTION Cancellation means to cancel any instrument. The relief granted by the Court is discretionary and just in nature in the cases of cancellation of the instrument. The documents create the right upon certain movable and immovable property. The instruments and deeds which are void or voidable may be cancelled by the Court upon filling … Read more

Registration is Compulsory | Registration Act

Transfer of Property

INTRODUCTION Registration Act deals with the registration or non-registration of documents. All sorts of documents are not compulsorily registered in the Registration Act. The documents that are required under the Registration Act to be registered if they are not so registered, lose evidentiary value, and shall not be admitted in evidence.   RELEVANT PROVISIONS Section … Read more

Equitable Remedies | Specific Relief Act

Law of Equity

INTRODUCTION Equitable remedies are specific types of solutions that are ordered by the court. The main purpose is to provide fairness and justice in legal disputes. Unlike monetary compensation (legal remedies), equitable remedies seek to address unique circumstances by ordering specific actions or restraining behaviors. Common equitable remedies include injunctions, specific performance, and rescission. These … Read more

Question As To Title | Land Revenue Act

Special & Local Laws

INTRODUCTION Revenue Officers have immense authority in respect of revenue matters, there is, however, a restriction imposed upon them by law that they cannot adjudicate upon matters where a “question of title” is involved.   RELEVANT PROVISIONS Section 140 of the Land Revenue Act necessitates the ascertainment of the question as to title by the … Read more

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