The Specific Relief Act, 1877: Bangladesh
THE SPECIFIC RELIEF ACT, 1877(ACT NO. I OF 1877). [7th February, 1877]
1 An Act to define and amend the law relating to certain kinds of Specific Relief. Preamble WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:- PART IPRELIMINARY Short title 1. This Act may be called the Specific Relief Act, 1877.
Local Extent It extends to the whole of Bangladesh.
Commencement And it shall come into force on the first day of May, 1877.
[Repealed] 2. [Repealed by the Amending Act, 1891 (Act No. XII of 1891).]
Interpretation-clause 3. In this Act, unless there be something repugnant in the subject or context,-"obligation" includes every duty enforceable by law:"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
(a) Z bequeaths land to A, "not doubting that he will pay there-out an annuity of Taka 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.(b) 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 have accrued to B. A is trustee, for B, within the meaning of this Act, of such advantage.(c) 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 the B, of the benefit gained by him by means of such disclosure.(d) A, the mortgagee of certain leaseholds, renews the lease in his own name. A is trustee, within the meaning of this Act, of the renewed lease, for those interested in the original lease.(e) A, one of several partners, is employed to
1 An Act to define and amend the law relating to certain kinds of Specific Relief. Preamble WHEREAS it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits; It is hereby enacted as follows:- PART IPRELIMINARY Short title 1. This Act may be called the Specific Relief Act, 1877.
Local Extent It extends to the whole of Bangladesh.
Commencement And it shall come into force on the first day of May, 1877.
[Repealed] 2. [Repealed by the Amending Act, 1891 (Act No. XII of 1891).]
Interpretation-clause 3. In this Act, unless there be something repugnant in the subject or context,-"obligation" includes every duty enforceable by law:"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
(a) Z bequeaths land to A, "not doubting that he will pay there-out an annuity of Taka 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.(b) 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 have accrued to B. A is trustee, for B, within the meaning of this Act, of such advantage.(c) 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 the B, of the benefit gained by him by means of such disclosure.(d) A, the mortgagee of certain leaseholds, renews the lease in his own name. A is trustee, within the meaning of this Act, of the renewed lease, for those interested in the original lease.(e) A, one of several partners, is employed to