Sarkar Specific Relief Act’ (19/e, LexisNexis) by Mr. Sudipto Sarkar, Senior Advocate and Mr. Sidharth Sethi, Advocate-on-Record, Supreme Court of India and Partner, JSA was released at a gala event organized on 16 October 2024 at The Oberoi, New Delhi.
This celebrated classic and authoritative text was released by Hon’ble Mr. Justice Surya Kant, Judge, Supreme Court of India in the distinguished presence of Hon’ble Mr. Justice K.V. Viswanathan, Judge, Supreme Court of India.
Former judges of the Supreme Court, High Court, leading senior advocates, Partners from national and international law firms, and in-house counsels were also present at this event.
Justice Surya Kant
Justice Surya Kant, in his address, highlighted that Sarkar - Specific Relief Act holds a special place in our legal landscape. This book has guided generations of legal professionals and continues to uphold a legacy of trust and reliability. He pointed out that the 2018 Amendment to the Specific Relief Act marks a significant shift from the original 1963 Act. These amendments were brought with the objective of changing the approach from ‘damages being the rule and specific performance being the exception, to specific performance being the rule, and damages being the alternate remedy’. The 2018 amendment was aimed at encouraging foreign investment in India and make laws more business friendly.
He also mentioned that the changes introduced in the amendment are not just amendments in words but represent a substantial transformation in the approach and spirit of the law. The amendment has placed an embargo on the power of Court to grant injunction in infrastructure-based projects that will, in any manner, delay or cause an impediment in the completion of such projects. The amendment has provided an exhaustive list of the infrastructure projects covered under this statute. He stressed that these amendments are critical in building a stable foundation for India’s economic future. They instill confidence in investors, both domestic and international, by ensuring that their interests are safeguarded and that agreements will be enforced as promised. In today's era, India stands at the brink of exponential growth and development, making it the ideal time for investors to consider India as a prime destination for their investments. India is on a steady path towards becoming one of the largest economies globally, and strong, reliable laws like the Specific Relief Act play a pivotal role in this journey.
He mentioned that the Specific Relief Act remains one of the most crucial statutes in our legal framework. It serves as an essential facet of the Contract Act, reflecting the sanctity of agreements and the importance of honoring contractual obligations. He emphasized that this book, with its rich history and legacy, continues to be an invaluable resource for legal practitioners, scholars, and students alike. He concluded by quoting Lord Denning that ‘without books law is silent and justice is dead’.
Justice K.V. Viswanathan
Justice K.V. Viswanathan, in his address congratulated the authors and the publisher for bringing out the 19th edition of the Sarkar Specific Relief Act. He emphasized that a good lawyer is not one who knows the law but one who knows where to locate the law. A good set of treatises therefore play a pivotal role in that pursuit. In that galaxy of books, Sarkar Specific Relief Act has a pride of place. This updated edition is timey and will be an invaluable asset to legal fraternity, students, judicial academies and all those concerned with law in any manner whatsoever. It comprehensively covers the amendments brought in by the 2018 amendment, and also the position in other jurisdictions.
He gave an overview of the key changes brought about by the 2018 amendment. Comparing these with the position under the old law, he emphasized that under the old law, court had the discretion to decree specific performance but this discretion was not unguided. Citing a passage quoted in the Supreme Court judgment in K. Prakash vs. BR Sampath Kumar (from the King’s Bench in Rookey’s Case), he pointed out that:
“Discretion is a science, not to act arbitrarily according to men’s will and private affection: so the discretion which is exercised here, is to be governed by rules of law and equity, which are to oppose, but each, in its turn, to be subservient to the other. This discretion, in some cases follows the law implicitly, in others or allays the rigour of it, but in no case does it contradict or overturn the grounds or principles thereof, as has been sometimes ignorantly imputed to this Court. That is a discretionary power, which neither this nor any other Court, not even the highest, acting in a judicial capacity is by the constitution entrusted with”
He stressed that for specific relief, commentaries are extremely important because it is substantially case law driven. He cited various examples, from various landmark Supreme Court judgments, on how various principles under the law relating to specific relief have developed. He mentioned that these are aptly captured in the book. He also cited anecdotes on his own personal experiences appearing as a lawyer and arguing various cases relating to specific performance (involving various issues such as whether time is of essence in cases of sale of immoveable property, concept of readiness and willingness, recession of contracts et al). He mentioned that in this book, active practicing lawyers have shared their experiences and given their insights, and that this is a book which the legal community will treasure.
Mr. Sudipto Sarkar, Senior Advocate
Speaking at the event, Mr. Sarkar expressed gratitude to the Chief Guests and gave a history about the rich legacy of the book. He pointed that the first edition of the book came over a 100 years ago. While there are other books also which are as old as 100 years, the unique distinction about this book is that there is perhaps no other book where the same editorial family has undertaken the work for over a 100 years. Giving a historical perspective, he gave insights into how the law of equity developed in England (and was called the Chancellors foot at one point in time). He highlighted that the amendments brought in 2018 bring a paradigm shift in the law relating to specific relief. A large bulk of the law becomes no longer relevant in view of the amendments. However, since the amendments are prospective, so long as cases remain under the old statute (pre-amendment), that law will remain relevant. He emphasized that the amendments affect some fundamental points of principle in our legal system. For instance, speaking about Section 14A of the amended Specific Relief Act, he pointed out that this provision gives power to the Court to engage expert ‘in any suit under the Specific Relief Act’. He emphasized that Specific Relief Act is a law relating to reliefs available to a party; and there is no concept of a suit under the Specific Relief Act. Section 14A has introduced the concept of a judge playing an inquisitorial role – which is not the approach followed in common law (being adversarial). Practitioners have to therefore decide how they look at Section 14A – whether it is an island in a common law country – and whether suits under specific relief act are a special category.
Mr. Sidharth Sethi, Advocate-on-Record, Supreme Court and Partner, JSA
In his welcome address, Mr. Sidharth Sethi highlighted that law relating to ‘Specific Relief’ is a cornerstone of Indian civil law, addressing the remedies available to aggrieved parties in cases where contractual or civil obligations have not been fulfilled. In an era where contracts form the bedrock of commercial relationships, understanding the nuances of this law cannot be overemphasized. He stated that the law relating to ‘Specific Relief’ has undergone several amendments, the most recent in 2018, reflecting the evolving nature of Indian jurisprudence and the need for legal frameworks to adapt to contemporary realities. These amendments have introduced significant changes, particularly with respect to the enforcement of contracts, the discretion of courts, and the remedies available to parties. He noted that taking account of all these changes, this book aims to provide a comprehensive analysis of the Specific Relief Act, blending theoretical insights with practical applications.
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