Recent Amendments To The Specific Relief Act,1963: An Analysis

Guided by established principles of Common Law that view damages as the presumptive remedy and specific performance as an alternate, discretionary remedy, the Specific Relief Act 19631 ('Act') has sought to protect civil and contractual rights in the event of breach of contract. However, the new Amended Act2 (introduced in October 2018), seemingly deviating from these principles in an attempt to create a more business-friendly and secure environment, makes a significant change worthy of speculation: It seeks to enforce specific performance as a rule and damages as an alternative remedy. Moreover, in the absence of transitional or savings provisions, the Amended Act has sparked debate regarding its nature (Substantive v. Procedural) and application (Retrospective v. Prospective), which is significant in order to assess the real – time impact of the Amendment.