Monetary damages are not always an adequate remedy. If A contracts to buy a unique plot of land or a rare piece of art from B, and B backs out, money cannot buy an exact replacement. In such cases, equity provides remedies under the Specific Relief Act, 1963.
1. Specific Performance
The court orders the breaching party to actually perform their promise exactly as agreed. Following the 2018 Amendment, Specific Performance is now a mandatory right of the injured party, and the court must grant it unless the contract falls under the specific exclusions listed in the Act (e.g., contracts involving personal skill, or contracts requiring continuous supervision).
2. Injunctions
An Injunction is a court order restraining a party from doing a specific act.
- Temporary Injunction: Granted during the course of a lawsuit to preserve the status quo.
- Perpetual (Permanent) Injunction: Granted after a full trial, permanently banning a party from a harmful act.
- Mandatory Injunction: Compels a party to do an act to undo a wrong (e.g., ordering the demolition of a wall built in breach of an easement).
3. Cancellation and Declaratory Decrees
- Cancellation: Orders the physical destruction of a forged or invalid legal document to prevent future fraud.
- Declaratory Decrees: A formal court declaration of a person's legal rights or status (e.g., declaring someone the legal owner of an estate).